Rule Of Law In China: Progress And Problems. Lin Li

and research at institutions of higher learning and centers for research. Research on basic legal theory will be strengthened; complete systems of theories, academic subjects, and curriculums for socialist science of law with Chinese characteristics will be developed; and national unified core textbooks for law students will be complied and put into use across the country as well as included as a compulsory subject for China Judicial Exam candidates. More work needs to be done to include the theory of socialist rule of law with Chinese characteristics in our textbooks, bring it into our classrooms, and make it a way of thinking for our students, thereby cultivating cohorts of talented professionals for today and for the future who are proficient in and adhere to the system of socialist rule of law with Chinese characteristics. Efforts will be made to train more rule-of-law talents who have a good command of international laws, rules, and regulations, and are adept at handling foreign-related legal affairs. (2) The mechanisms for transferring personnel from judicial, procuratorial, and public security bodies to law schools and research institutes and vice versa will be improved, and programs allowing for institutions of higher learning and rule-of-law departments to hire each other’s staff will be put into place. This work will focus on training a contingent of highly competent legal scholars and experts who have a firm political standing, a thorough knowledge and understanding of legal theory, and a good understanding of the conditions of the Chinese context, and it will also focus on training high caliber academic leaders, outstanding teachers, and both full-time and part-time teachers.

      1.2.4.7. Part 7: Strengthening and improving the Party’s leadership over efforts to comprehensively advance law-based governance of the country. This mainly includes: First, innovation of concepts and basic ideas—Leadership by the Party provides the most fundamental guarantee for comprehensively advancing the law-based governance of China and accelerating the development of a socialist rule-of-law country. We must strengthen and improve the Party’s leadership over work pertaining to rule of law, and uphold it throughout the whole process of comprehensively advancing the law-based governance of the country.

      Second, remaining committed to the law-based exercise of state power. (1) Officials at all levels need to serve the law with reverence, remain ever mindful not to cross or challenge the line of the law, and set a good example in observing and working in accordance with the law. They must not exercise power in any way that is contrary to the law, and it is even more imperative that they do not override the law with their own arbitrary fiats, place their own power above the law, or bend the law for personal gain. (2) We need to improve the institutions and work mechanisms by which the Party exercises leadership over the law-based governance of China, and improve the work mechanisms and procedures by which the Party formulates principles, policies, and plans for the lawbased governance of the country. We need to improve the mechanisms by which Party committees make decisions in accordance with the law, make the most of the respective advantages of Party policies and state laws, and increase the connectivity and interplay between them. Party committees need to be regularly briefed by judicial and procuratorial bodies and public security organs on their work, and plan an exemplary role in promoting judicial impartiality and upholding the authority of the law. Principal Party and government leaders should assume the main responsibility for the work of advancing the rule of law. (3) Party organizations and members and officials within people’s congresses, governments, committees of the CPPCC, courts, and procuratorates need to resolutely implement the Party’s theories, line, principles, and policies, and follow the decisions and plans of their Party committees. (4) Political and legal affairs committees are organizations under Party committees, through which the latter exercise leadership over judicial, procuratorial, and public security work. These committees must have an ongoing presence. Party organizations within judicial and procuratorial bodies and public security organs should develop a sound system of reporting major issues to the Party committees at the next level up.

      Third, strengthening the construction of Party regulations and institutions. (1) We need to improve the systems and mechanisms for formulating Party regulations, step up efforts to record, review, and interpret them, and create a complete system of Party regulations and institutions. We need to work hard to integrate and coordinate Party regulations with state laws, and improve the implementation of Party regulations. (2) Party discipline and regulations should expect more of Party members than the law, and both Party organizations at all levels and Party members and officials must not only play an exemplary role in abiding by state laws, but also set stricter standards for themselves by keeping in line with Party regulations and discipline. (3) We must draw on discipline and the law to oppose formalism, bureaucratism, hedonism, and extravagance and overcome tendencies toward engagement in them, and create stringent permanent mechanisms for preventing them from recurring. We must, in accordance with the law and discipline and without showing any leniency, be resolute in investigating every instance of corruption and punishing those who behave corruptly.

      Fourth, developing the ability of Party members and officials to think in terms of rule of law and work in accordance with the law. We need to make legal compliance and working in accordance with the law important components of the performance assessment of officials, so that when officials are equally qualified in all other aspects, those who are well versed in the rule of law and better able to work in accordance with the law will be given priority when promotions are considered.

      Fifth, increasing the level of the rule of law in community-level governance. We need to strengthen the community-level institutions for the rule of law; strengthen the competence of community-level rule-of-law workers; establish rule-of-law work mechanisms with the focus of the work and main efforts shifted closer to the community; improve rule-of-law infrastructure and equipment at the community level; and encourage rule-of-law officials to work at the community level.

      Sixth, intensifying our efforts to practice law-based, strict governance of the military. (1) The Party’s absolute leadership is at the heart of and fundamental to law-based governance of the armed forces. We need to make innovations in and develop the theory and practice of lawbased governance of the military, build a sound Chinese-style rule-of-law system in the military, and increase the level of the rule of law in the development of national defense and the armed forces. (2) We need to adhere to actively and steadily advancing the reform of national defense and the armed forces on the track of the rule of law, deepen the reform in the leadership, the structure of forces, and the policies and systems of the armed forces, and speed up the improvement and development of the socialist military system with Chinese characteristics. (3) We need to improve the system of military laws and regulations that meet the requirements of modern army building and operations, strictly regulate the authority and procedures for military laws and regulations, and include all military normative documents in the scope of the review. (4) We must intensify the enforcement of military statutes and regulations, clearly define responsibilities for it, improve the system relating to it as well as the mechanisms for ensuring supervision over it, implement a strict accountability system, and drive forward with the law-based governance of the military. (5) We need to improve the legal affairs system within the military and set up sound institutions for this work in leading military bodies. We need to establish a system of legal advisors on military affairs, provide legal advisors for leading military bodies at all levels, and improve the system for legal consultation on major military decisions and operations. We need to reform the system of military discipline inspection and supervision. (6) We need to increase the understanding and mastery of the rule of law among military officers and enlisted personnel. We need to intensify theoretical research on the rule of law in the military.

      Seventh, safeguarding the practice of “one country, two systems” and promoting the reunification of China according to law. We need to use the rule of law to consolidate and deepen the peaceful development of relations between the two sides of the Taiwan Straits, and push forward with the peaceful reunification of China. We need to protect the rights and interests of the compatriots in Hong Kong, Macao, and Taiwan in accordance with the law.

      Eighth, improving the work concerning international and foreignrelated legislation. We need to improve the system of foreign-related laws and regulations, and build a new open economy. We need to actively participate in formulating international rules, ensure that China has a greater say and greater influence in international legal affairs; and use legal means to safeguard China’s sovereignty, security, and development interests. We need to provide better