The Theoretical System of Socialist Rule of Law with Chinese Characteristics

The general principles, values, functions, principles, methods, paths, measures, guarantees and other theories of the socialist rule of law construction with Chinese characteristics, mainly include the value concepts, the institutional norm theory, the practice operational theory and the guarantee theory of the socialist rule of law with Chinese characteristics, etc. It is the product of the combination of Marxist thoughts and theories on the state and law with the actual experiences of the socialist rule of law construction with Chinese characteristics, and is an important part of the theoretical system of socialism with Chinese characteristics. The value concepts of the socialist rule of law with Chinese characteristics are the value goal, value principle and value guidance to promote the development of the socialist rule of law with Chinese characteristics. It mainly includes: (1) Concepts and thoughts in the doctrine of Marxist state and law, such as Marxist views of the state, political parties, democracy, human rights, freedom, administration of justice, power, and rule of law; (2) Concepts and thoughts in the socialist law-based country and the rule of law construction, such as socialist legal philosophy, socialist legal spirit, socialist legal consciousness, socialist legal concept, socialist legal culture, and socialist legal theory, etc.; (3) General principles, values, functions, principles, doctrines, methods, mechanisms, systems and other theories on law, the rule of law and the rule of law construction. The theory of the socialist legal system with Chinese characteristics involves the basic system of the rule of law, legal norms, legal system, rule of law system, rule of law procedures, rule of law structure and other categories and contents. The main contents include: (1) Theories on the basic system of rule of law, such as the theories of the fundamental socialist political system and basic political system, basic economic system, basic social system, and basic cultural system stipulated in the Constitution; (2) Theories on the socialist legal system with Chinese characteristics, such as the theories of the composition, internal connection and its role in economic and social development of the socialist legal system with Chinese characteristics; (3) Theories on the socialist legal system with Chinese characteristics, such as the theories of the constitutional implementation supervision system, the laws and regulations system, the law-based enforcement system, the law-based supervision system, the law-based guarantee system and the inner-Party legal system.

The practice operational theory of the socialist rule of law with Chinese characteristics involves the scope and content of the rule of law behavior, the practice of the rule of law and the operation of the legal system. It is the application and implementation of the principles of the rule of law. The main contents are: (1) Theories that run through all aspects of the rule of law construction such as legislation, law enforcement, administration of justice, and observance of law; (2) The rule of law thinking and theory of rule of law that run through the whole process and all aspects of the construction of the country, political parties, military, politics, economy, culture, society, ecology, etc.; (3) Theories about the scientific connotation, general rules, and system and mechanism construction of the operation of the rule of law practices. The guarantee theory of the construction of the socialist rule of law with Chinese characteristics involves theories about the internal and external environment of the existence and development of the rule of law and other related influencing factors. The main contents include theories about the prerequisites, the domestic and foreign environment, the right to speak in the rule of law, and the rule of law team for the construction of the socialist rule of law with Chinese characteristics, and other related influencing factors. The theory of the socialist rule of law with Chinese characteristics is derived from the Marxist theory of the rule of law and the practice of the construction of the socialist rule of law with Chinese characteristics, which in turn guides this practice and develops with the development of practice. Since the 18th CPC National Congress, Xi Jinping has put forward a series of important thoughts on governing the country by law, enriching the theory of socialist rule of law with Chinese characteristics, profoundly answering major theoretical and practical issues such as the nature, direction, path, general goals, guiding ideology, basic principles, and main tasks of the construction of the rule of law and comprehensively advancing law-based governance, and providing important theoretical guidance, ideological foundation and academic support for China to comprehensively advance law-based governance and accelerate the construction of a socialist country ruled by law.