Socialist Concept of Governance by Law

The core of people’s understanding and views on the nature, status, and role of law, is the concept of administering the country, managing the economy and governing society by relying on the law, and its essence is the concept, consciousness and spirit of governing the country by law, and values that embody the inherent requirements of building a socialist country ruled by law; and the guidelines and principles for guiding and adjusting legislation, law enforcement, administration of justice, observance of law and legal supervision.

It starts from China's actual state system and political system, bases on the requirements of the development of socialist market economy and democratic politics, and reflects the core concepts, basic beliefs and value orientations in line with China's national conditions and the development direction of human legal civilization. There is a historical process for the emergence and development of the concept of socialist rule of law with Chinese characteristics. In the period from the founding of New China to the completion of the socialist transformation, China enacted a series of laws, regulations, and orders, including the 1954 Constitution, and the concept of socialist rule of law began to sprout. In his speech on the draft constitution, Mao Zedong pointed out to establish the principles of people’s democracy and socialism through the constitution as the fundamental law. In 1956, Liu Shaoqi pointed out in the political report of the 8th CPC National Congress that in order to consolidate the people’s democratic dictatorship, defend the order of socialist construction, and protect the people’s democratic rights, there is an urgent need to formulate relatively complete laws. However, in the later period of time, these concepts and ideas of the rule of law were not implemented well. After the Third Plenary Session of the Eleventh CPC Central Committee, the socialist concepts of rule of law, such as acting by law, administering by law, and equality before the law, have been promoted. In 1997, the Fifteenth CPC National Congress formally identified governing the country by law as “the basic strategy for the Party to lead the people to govern the country”. In 1999, the basic strategy of governing the country by law was formally incorporated into the Constitution, which greatly improved the socialist concepts of rule of law.

Since entering the 21st century, the socialist concepts of rule of law have been enriched and developed. In 2002, the 16th CPC National Congress made “improved socialist democracy, more complete socialist legal system, and comprehensive implementation of the basic strategy of governing the country by law” as an important goal of building a well-off society in an all-round way. In 2004, “the state respects and protects human rights” was included in the Constitution. In 2007, the 17th CPC National Congress clearly proposed to fully implement the basic strategy of governing the country by law and accelerate the construction of a socialist country ruled by law. In 2012, the 18th CPC National Congress took “the basic strategy of governing the country by law in full implementation, the establishment of a law-based government, the continuous improvement of judicial credibility, and the effective respect and protection of human rights” as an important goal of building a well-off society in an all-round way, and made an important strategic deployment for comprehensively advancing the law-based governance. The concepts of socialist rule of law with Chinese characteristics are very rich in connotation, which can be summarized in five aspects: governing the country by law, law enforcement for the people, fairness and justice, serving the overall situation, and Party leadership. “Governing the country by law” is the essential requirement and important guarantee for upholding and developing socialism with Chinese characteristics, and an inevitable requirement for realizing the modernization of the national governance system and governance capabilities. It requires political and legal organs and police officers to continuously improve their legal literacy, effectively strengthen the concept of the legal system, adhere to strict law enforcement, comply with the law as role models, consciously accept supervision, and always pay attention to maintaining the authority and dignity of the law.

“Law enforcement for the people” is an essential feature of socialist rule of law. On the one hand, it requires that the practices of the socialist rule of law serve the people and be committed to the realization, maintenance and development of the legitimate rights and interests of the people; on the other hand, it requires that the practices of the socialist rule of law also focus on educating, guiding and helping the people, so that they can adapt to the requirements of a law-based society and improve the ability to survive and live in a law-based society. The former embodies the spirit of socialist rule of law that puts people’s interests first, while the latter embodies the spirit of socialist rule of law that is highly responsible for the people. Both are indispensable content of the concept of law enforcement for the people. “Fairness and justice” is the core value pursuit of the socialist rule of law. Its connotations include equality before the law, legitimacy and reasonableness, proper procedures, and timeliness and efficiency. It requires political and legal police officers to enforce the law impartially, safeguard public welfare, abandon evil, promote righteousness, overcome their own desires, exclude self-interest, adhere to the principles of legitimacy and reasonableness, equal treatment, timeliness and efficiency, and procedural justice, and safeguard social fairness and justice.

“Serving the overall situation” is an important mission of the socialist rule of law. It not only provides clear goals and guidance for the practice of the rule of law, but also provides a concise basis and reference for the general public to recognize and understand the social significance of the practice of the rule of law. It requires that all undertakings of the socialist rule of law be carried out closely around the central tasks and major policies of the Party and the state; all tasks of the socialist rule of law submit to and serve the fundamental interests of the Party and the state, as well as the general requirements of social development; and various specific practical activities of the socialist rule of law fully consider and attach great importance to the overall impact on social development and social operation. “The leadership of the Party” is the fundamental guarantee of the socialist rule of law. It includes political leadership, ideological leadership and organizational leadership.

It emphasizes to consciously integrate upholding the Party’s leadership, consolidating the Party’s ruling position and maintaining the socialist rule of law, integrate the implementation of the Party’s line, principles and policies with strict law enforcement, and integrate strengthening and improving the Party’s leadership over political and legal work and guaranteeing judiciary organs’ independent exercise of their functions and powers in accordance with the law, always adhere to the correct political stand, and faithfully perform the sacred mission entrusted by the Party and the people. The concepts of the socialist rule of law with Chinese characteristics are characterized by distinctive politics, thorough affinity to the people, systematic scientificity, and full openness. Its core and essence are the organic unity of upholding the Party’s leadership, guaranteeing the position of the people as the masters of the country, and governing the country by law. It is the product of combining the Marxist-Leninist theory of state and law with China's national conditions and the actual modernization drive, and is a refinement of the practical experience in socialist democracy and the rule of law with Chinese characteristics. It embodies the basic concept of administering state affairs well and ensuring national security of the Chinese Communists, and demonstrates the value orientation of building China into a rule of law country and realizing the modernization of the Chinese legal system.