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

destiny of prosperity and decline. Under this background, the prosperity of any country cannot be separated from the overall peace and development of the world, and the world peace and development must be based on the universal implementation of the rule of law and the joint promotion of the international rule of law by each country. From the perspective of the global legal system, domestic rule of law and international rule of law are interdependent, mutually supportive, and complementary. As a responsible power with a peaceful rise, China must strengthen the construction of the rule of law within China and promote the rule of law in an all-round way. At the same time, China must make the rule of law oriented to the world, actively participating in international affairs, conforming to the trend of the development of the international rule of law, and support the active role of the relevant international organizations and countries to promote the development of the rule of law. In addition, China must promote the exchange of international legal cultures and the innovative cooperation in international legal practice, establishing and maintaining a new international legal order based on international laws.

      ¹In the contemporary Chinese context, the “Rule of Law” is basically equivalent to “Governing the State according to Law”.

       About the Author

      Li Lin is a Doctor of Laws, researcher and academician of CASS, Deputy Director of the Academic Division of Social, Political and Legal Studies of CASS, former Director of the Institute of Law of the CASS, Vice Director of the Academic Board of the China Law Society, President of the China Jurisprudence Research Association, the sixth and seventh Vice President of China Law Society and holds various other posts of academic significance. Li’s main research fields of interest are jurisprudence, constitution, legislation, rule of law and the theory of democracy and human rights. He has written or co-authored more than 30 books, published more than 160 articles, and submitted more than 60 confidential research reports. The representative works are Comparative Research on Legislatures, Comparative Legislative Institutions (co-author), Notions and Behaviors of Legal Systems, Reform of Political System and the Construction of Legal System (co-author), On Administrations in Accordance with Law (co-author), Comparative Constitutional Law (co-author), Contemporary Theories and Practices of Human Rights (co-author), Ruling by Law and the Construction of Socialist Country under the Rule of Law (co-author), Ruling by Law and the Realization of Clean Government (co-author), Ruling by Law and Judicial Reform (co-author), Human Rights and Administration of Justice (co-author), Human Rights and Constitutionalism (co-author), Human Rights and the 21st Century (co-author), The Legislation towards Constitutionalism, The Rule of Law and the 21st Century (co-author), The Change of Rule of Law and Constitutionalism, The Legislation of Theory and Practice, Political Civilization and Constitutionalism, The Exploration of Human Rights, and so on.

       About the Translator

      Cao Li is Associate Professor of Translation Studies and Director of the Education Center for Master of Translation and Interpreting Program at Beijing Institute of Technology, China. Her research interests include identity, ideology, and power in translation; sociology of translation; subjectivity in translation; translation pedagogy; and intercultural studies. She has published seven translated books and over 20 journal papers on translation studies and is an experienced translator specializing in legal and technical translation.

       Contents

       Preface

       About the Author

       About the Translator

       Chapter 1The Historical Course of and Achievements Made in Developing Socialist Rule of Law with Chinese Characteristics

       Chapter 2The Background and Major Tasks of Comprehensively Advancing the Law-Based Governance of China

       Chapter 3Legislating More Effectively and with a Democratic Approach to Improve the Legal System with Chinese Characteristics

       Chapter 4Comprehensively Advancing Law-Based Government Administration and Accelerating the Building of a Rule-of-Law Government

       Chapter 5Comprehensively Promoting the Level of the Rule of Law in the Socialist Market Economy

       Chapter 6Deepening the Judicial Reform to Establish a Just, Efficient, and Authoritative Judicial System

       Chapter 7Advancing the Observance of Law by All to Build a Rule-of-Law Society

       Chapter 8Strengthening and Improving the Party’s Leadership Over the Law-Based Governance of the Country

       Index

       Chapter 1

       The Historical Course of and Achievements Made in Developing Socialist Rule of Law with Chinese Characteristics

      “Law-based governance of China is an essential requisite and an important guarantee for upholding and developing socialism with Chinese characteristics, and is a natural requisite for modernizing the country’s governance system and capacity for governance. It has an important bearing on the efforts of the Party to govern and rejuvenate the country, the well-being of the people, and the lasting stability of the Party and the country. It is essential to comprehensively advance the law-based governance of the country in order to finish building a moderately prosperous society in all respects, realize the Chinese Dream of the rejuvenation of the Chinese nation, comprehensively deepen the reform, improve and develop socialism with Chinese characteristics, and improve the Party’s capacity for and adeptness at governance.

      The Communist Party of China (CPC) attaches great importance to developing the rule of law. Over the years, particularly since the Third Plenary Session of the 11th Central Committee of the CPC, on the basis of thorough reviews of the successful experiences China has gained and the profound lessons it has learned in developing socialist rule of law, the Party has made it clear that the rule of law must be strengthened and democracy must be institutionalized and codified in order to guarantee people’s democracy. It has made the law-based governance of the country the basic policy by which it leads the people in governing the country and the law-based exercise of state power the basic approach it takes to governing the country. It has been actively developing socialist rule of law, and has secured historic achievements in this respect. Today, a socialist system of laws with Chinese characteristics has already taken shape, steady progress has been made in building a rule-of-law government, the judicial system has been constantly improved, and the awareness of rule of law has been strengthened throughout society”.

      —Resolution of the Central Committee of the Communist Party of China on Certain Major Issues Concerning Comprehensively Advancing the Law-Based Governance of China, adopted by the Fourth Plenary Session of the 18th CPC Central Committee.

       1.The History of Socialist Rule of