During the Third Plenary Session of the 18th National Congress of the Communist Party of China (CPC) in November 2013, Chinese President Xi Jinping urged deeper reforms advancing rule of law to promote a state governance system and modernize governance capability.

Upholding a rule-of-law society is seen by analysts as an effective way to improve state governance and modernize governance.

Five foundations

Advancing the establishment of a state governance system and modernizing governance capability requires political, economic, cultural, social and ecological development on the basis of deepening institutional reform.

The shaping of the socialist rule-of-law system with Chinese characteristics plays an integral role. This is determined by the nature, composition and special functions of the system.

Firstly, the rule-of-law system is a tool of statecraft. It is concerned with the rule of people, justice and good law. The rule of law is reasonable and wins public support based on reason.

The key to the rule of law lies in the governance of officials. To wield effective control of public power, it is necessary not only to ensure that power is exercised in accordance with the law, but also to prevent officials from abusing their power and punish them when such disciplinary violations occur.

Secondly, the rule-of-law system provides a path to a stronger China. Advances made over more than 30 years of reform and opening-up result from the rule of law led by the CPC. These achievements also promote and safeguard functions of the system.

Specifically, the rule-of-law system contributes to the adjustment to relations of production and emancipation of productive forces, hence the considerably improved economic performance.

The system has helped accelerate development and improvement of the socialist market economy, maintain social order and stability, regulate the market economy and curb various unlawful acts.

Thirdly, the rule of law has a vital bearing on people’s livelihoods. Prioritizing people’s livelihoods is a significant symbol of a modern country and an important foundation of social progress. To put people’s livelihoods on the track of the rule of law will have reform dividends benefit the greater public.

Fourthly, the rule of law is the base of social equity and justice. The socialist rule-of-law system with Chinese characteristics pursues social equity and justice; it is vital to building a socialist harmonious society.

Finally, the rule-of-law system is necessary to carry democracy forward. Law can confirm the existence of democracy and legitimize it in the Constitution. It also provides principles for democracy and repels undemocratic forces.

Legal framework in society

The basic framework of the socialist rule-of-law system with Chinese characteristics can be summarized as follows:

Firstly, it holds law-based governance as the core of the rule of law.

Formally defined in the Fourth Plenary Session of the 16th CPC National Congress in 2004, law-based governance simply means the CPC governs China in accordance with the law.

It is the CPC that assumes overall responsibility, coordinates all sides, takes the lead in both making and abiding by the law and ensures law enforcement as summed up in the congress. The rule of law and its implementation have been further enriched over a decade of practice.

Secondly, the Chinese legal system constitutes the precondition and foundation of the rule of law.

The shaping of the socialist legal system with Chinese characteristics is a lengthy process. Since the 1990s, the founding of the rule-of-law strategy and establishment of the people’s congress substantively spurred legislative activities with improved quality. Following two decades of efforts, China finally built its socialist legal system with Chinese characteristics as we know it today.

Development and improvement of the legal system requires passage of good laws and eradication of bad ones. It is also important to strengthen legislation in the fields of human rights and environmental protection to effectively advance both causes.

Thirdly, the integrated establishment of a law-based state, government and society provides appropriate mechanisms for the rule of law.

“Law-based China” is a common vision shared by the Chinese people. It is also the overall objective of the country’s socialist construction. Rich-contented, broad and profound, it encompasses rule of law, which is the fundamental strategy of China’s “ law-based governance.”

In 2004, the State Council made an important decision to build a law-based government that operates in harmony with a rule-of-law country and society.

The complicated and daunting task of building a law-based government is premised upon administration according to law, as well as a just, open, uncorrupted and service-oriented administration. In addition, a law-based government requires administrative law enforcement, licensing, punishment and levy systems.

Fourthly, the judicial system, the last line of defense in the state governance system, is an important carrier and guarantee of the rule of law.

Since its establishment, the constantly changing judicial system of China has been deficient, featuring some unjust and false cases, low efficiency in case handling, low public trust of judicature and irregular judicial proceedings that diminish people’s satisfaction with judicial authorities.

To remedy the situation, the Third Plenary Session of the 18th CPC National Congress formulated an overall plan for reform of the Chinese judicial system. It also conducted top-level design for the establishment of a just, efficient and authoritative socialist judicial system with Chinese characteristics.

Concretely, the move was taken to guarantee the people’s court and procuratorate, as state organs, exercise independent judicial and procuratorial powers under surveillance.

In summary, it is a massive undertaking to build a rule-of-law system with Chinese characteristics as the foundation for improving the state governance system and modernizing governance capability. It needs joint efforts of one or two generations if we are to steadfastly pursue modernization of state governance.

The author is a professor at the School of Law at Wuhan University.

Translated by Chen Mirong

Revised by Tom Fearon