“Introduction to Xi Jinping’s Thoughts on the Rule of Law” was published and distributed, and members of the Forestry Department served as chief experts
Editor’s note: In order to promote Xi Jinping’s rule of law thought into teaching materials into the classroom, the Central Propaganda Department and the Chinese Law Society organized and compiled the key textbook “Xi Jinping’s rule of law thought” on Marxist theoretical research and construction projects. Li Lin, a member of the Faculty of Education, and famous Chinese jurists Zhang Wenxian, Xin Chunying, and Xu Xianming served as the chief experts of the writing team. This book is the first domestic theoretical work to comprehensively explain Xi Jinping’s rule of law thoughts, and is a key textbook and important reading for systematically learning Xi Jinping’s rule of law thoughts.
In order to promote Xi Jinping’s rule of law thought into the classroom, the key textbook “Xi Jinping’s Rule of Law Thought” (hereinafter referred to as “Introduction”), a key textbook of Marxist theoretical research and construction project organized and compiled by the Central Propaganda Department and the Chinese Law Society, has been published by Published by Higher Education Press.
Since the 18th National Congress of the Communist Party of China, the Party Central Committee with Comrade Xi Jinping at its core has led the great practice of comprehensively governing the country according to law and building a country ruled by law.The combination of relevance, theory and practice deeply answered the major issues of why the rule of law is implemented in the new era, how to implement the rule of law, and put forward a series of new concepts, new thoughts and strategies for the rule of law in the new era, forming Xi Jinping’s rule of law thought.
“Introduction” is composed of “Introduction + Three Parts”. It has 20 chapters and nearly 270,000 characters. It explains the distinctive characteristics, significant significance, rich connotation, core concepts, scientific methods, and practical requirements of Xi Jinping’s rule of law thought, and fully reflects Xi Jinping’s rule of law thought It is a scientific theoretical system with rich connotation, profound exposition, rigorous logic, and complete system. It is the latest achievement of the Sinicization of Marxist theory of the rule of law. It is an important part of Xi Jinping’s thoughts on socialism with Chinese characteristics in the new era. Action guide. “Introduction” insists on being faithful to the original, original text and original meaning, insisting on the interpretation, academic expression, and systematic construction. It is a key textbook for college law students to systematically learn and master Xi Jinping’s thoughts on the rule of law.
-Xinhua News Agency
“Introduction to Xi Jinping’s Thoughts on the Rule of Law” Textbook Compilation Group
Chief Expert
Zhang Wenxianxin Chunying Xu Xianming Li Lin
Main members (in order of strokes of last name)
Ma Changshan Ma Huaide Wang Yigong Pixiang Gan Zongchun Fu Zitang Feng Yujun Lü Zhongmei Yang Zongke He Zhipeng Wang Xigen Song Gongde Chen Xunqiu Chen Bofeng Zhou Yezhong Zhou Youyong Jiang Weihuang Literary Jiang Chuanguang Qiang Shigong
“Introduction to Xi Jinping’s Thoughts on the Rule of Law”
introduction
The great era gave birth to great theories, and great theories led the great journey. Since the 18th National Congress of the Communist Party of China, the Party Central Committee with Comrade Xi Jinping at its core has led the great practice of comprehensively governing the country according to law and building a rule of law in China. Answered a series of major questions about why the country is fully governed by law and how to govern the country by law in the new era, put forward a series of new concepts, new ideas and strategies for comprehensively governing the country by law, and created Xi Jinping’s thought on the rule of law. The “Xi Jinping Thought on the Rule of Law” was formally put forward at the Central Work Conference on Comprehensive Rule of Law in November 2020, which clarified the guiding position of Xi Jinping’s thought on the rule of law in the comprehensive rule of law and the construction of a rule of law in China. This is a milestone in the history of the development of Marxist theory of the rule of law and the history of the construction of the socialist rule of law in China.
Xi Jinping’s thought on the rule of law was founded in the context of a magnificent era. It is a scientific summary of the rich practice and valuable experience in the construction of the rule of law under the leadership of the Communist Party of China. Theoretical style, thinking characteristics and practical characteristics. Xi Jinping has made original and original contributions to the establishment and development of this scientific theoretical system.
- The background of the formation and development of Xi Jinping’s rule of law
Xi Jinping’s rule of law thought was germinated and conceived in the new period of reform and opening up and socialist modernization, formed and developed in the new era of upholding and developing socialism with Chinese characteristics, deepening and expanding the new journey of building a socialist modern power in an all-round way and realizing the great rejuvenation of the Chinese nation. This constitutes the era background for the formation and development of Xi Jinping’s rule of law.
In 1978, at a major historical juncture of where the party and the country were going, the Communist Party of China convened the Third Plenary Session of the Eleventh Central Committee, which embarked on the great journey of reform, opening up, and socialist modernization. Reform and opening up is a great awakening of our party, and it is this great awakening that gave birth to our party’s great creation from theory to practice. Reform and opening up is a great revolution in the history of the development of the Chinese people and the Chinese nation. It is this great revolution that has promoted the great leap of the cause of socialism with Chinese characteristics!
After the Third Plenary Session of the Eleventh Central Committee of the Communist Party of China, the Chinese Communists, with Comrade Deng Xiaoping as the main representative, united and led the entire party and the people of all ethnic groups, profoundly summed up the pros and cons of my country’s socialist construction, and learned from the historical experience of world socialism. He succeeded in creating socialism with Chinese characteristics by following Deng Xiaoping Theory. After the Fourth Plenary Session of the 13th Central Committee of the Communist Party of China, the Chinese Communists, with Comrade Jiang Zemin as the main representative, united and led the entire party and the people of all ethnic groups throughout the country, adhered to the party’s basic theory and line, and deepened the understanding of what socialism is and how to build a society. We have accumulated valuable new experience in governing the party and the country, forming the important thinking of the “Three Represents,” and successfully pushing socialism with Chinese characteristics into the 21st century. After the 16th National Congress of the Communist Party of China, the Chinese Communists, with Comrade Hu Jintao as the main representative, united and led the entire party and the people of all ethnic groups throughout the country, adhered to the guidance of Deng Xiaoping Theory and the important thinking of the “Three Represents”, and deeply understood the new development requirements. It also answered important questions about what kind of development to achieve under the new situation, how to develop, and formed a scientific outlook on development, successfully upholding and developing socialism with Chinese characteristics at a new historical starting point.
Since the 18th National Congress of the Communist Party of China, the Chinese Communists, with Comrade Xi Jinping as the main representative, have responded to the development of the times and systematically answered what kind of socialism with Chinese characteristics should be maintained and developed in the new era, and how to maintain and develop Chinese characteristics in the new era. Socialism, a major issue of the times, created Xi Jinping’s thought on socialism with Chinese characteristics in a new era. Under the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, the Communist Party of China led the people of all ethnic groups across the country to take charge of great struggles, great projects, great causes, and great dreams, pushing socialism with Chinese characteristics into a new era and building a well-off society in an all-round way. Towards a new journey of realizing the great rejuvenation of the Chinese nation.
Initiating a new era, stepping into the new century, standing on a new starting point, entering a new era, and marching towards a new journey. This magnificent and great historical change is the background of the formation and development of Xi Jinping’s thought on the rule of law. Whether in the “new era”, “new century”, “new starting point”, or in the “new era” or “new journey”, the rule of law is a major theme and basic strategy for upholding and developing socialism with Chinese characteristics. It is the party governing the country. The basic method; whether it is building a socialist market economy, developing socialist democratic politics, developing advanced socialist culture, building a socialist harmonious society, building a socialist ecological civilization, or building a well-off society in an all-round way, building a modern socialist country in an all-round way, the rule of law is It is an internal requirement that plays an indispensable role in guiding, regulating, and safeguarding. Practice has proved that not all laws can govern the country, not all laws can govern the country, and what socialism with Chinese characteristics needs is good law and good governance. Building a country ruled by law with good laws and good governance provides a powerful guarantee for the rule of law to build a powerful modern socialist country and realize the Chinese dream of the great rejuvenation of the Chinese nation. It must be guided by the continuously developing scientific theory of the rule of law. Xi Jinping’s thought on the rule of law is a major theoretical innovation that came into being in response to the requirements of this great era.
- The practical logic, theoretical logic and historical logic of the formation and development of Xi Jinping’s rule of law thought
Xi Jinping’s rule of law thought was formed, established and developed on the basis of long-term practice, scientific theoretical exploration, and deep historical support. It contains clear practical logic, theoretical logic and historical logic. Careful research, scientific understanding, and profound understanding of these three logics and their internal connections are conducive to deepening the understanding and understanding of the basic spirit, core principles, and practical requirements of Xi Jinping’s thoughts on the rule of law, and will help strengthen the political identity and thinking of Xi Jinping’s thoughts on the rule of law. Recognition, theoretical recognition, and emotional recognition are conducive to strengthening the power of belief, ideological determination, and driving force in the new era of comprehensively governing the country according to law, building a rule of law in China, and promoting the modernization of the national governance system and governance capabilities.
(1) The practical logic of the formation and development of Xi Jinping’s rule of law
Xi Jinping’s rule of law is a scientific theory rooted in practice, applied to practice, tested in practice, and innovatively developed in practice. It demonstrates the dialectical logic of “the era is the mother of thought and practice is the source of theory”. Practice is the source of Xi Jinping’s thought on the rule of law, practicality is a distinctive feature of Xi Jinping’s thought on the rule of law, and the logic of practice is the fundamental logic of Xi Jinping’s thought on the rule of law.
Xi Jinping is the main founder of Xi Jinping’s thought on the rule of law, and has played a decisive role in the formation and development of this thought and made a decisive contribution. In the long-term leadership practice from the grassroots to the central government, Xi Jinping insisted on taking the Marxist theory of rule of law as the guide, conscientiously implementing the central government’s major policies for the construction of the rule of law and the basic strategy of governing the country according to law. The rich practice and remarkable achievements of governing the county, governing the city by law, governing the province by law, and governing the country by law have formed a scientific understanding and deep understanding of the law of the county, city, province, and country at different levels, which is the germination of Xi Jinping’s thought on the rule of law , Formation and establishment have laid a deep practical foundation and bred profound practical logic.
Since the 18th National Congress of the Communist Party of China, Xi Jinping, as the core of the Party Central Committee and the core of the whole party, has led the whole party and the people of the whole country to start a comprehensive law with a firm will to enforce the rule of law, a talented strategy to strengthen the country by law, and the foresight to govern the party in accordance with regulations. A new era of state governance. After the end of the 18th National Congress of the Communist Party of China, Xi Jinping proposed to build a rule of law in China, emphasizing the joint promotion of rule of law, governing by law, and administration according to law, building a country ruled by law, a government ruled by law, and a society ruled by law, and comprehensively promoting scientific legislation, strict law enforcement, and fair justice. , The process of law-abiding by the whole people. In 2013, the Third Plenary Session of the Eighteenth Central Committee of the Communist Party of China passed the “Decision of the Central Committee of the Communist Party of China on Several Major Issues of Comprehensively Deepening Reform”, which was guided by the construction of a rule of law in China and made important arrangements for major reforms in the field of rule of law. In 2014, the Fourth Plenary Session of the Eighteenth Central Committee of the Communist Party of China passed the “Decision of the Central Committee of the Communist Party of China on Several Major Issues Concerning the Comprehensive Promotion of the Rule of Law”, with the overall goal and focus of building a socialist rule of law system with Chinese characteristics and a socialist country ruled by law. We have made strategic decisions and overall deployments for comprehensively advancing the rule of law. In 2017, the 19th National Congress of the Communist Party of China raised the principle of adhering to the rule of law in a comprehensive way as the basic strategy for adhering to and developing socialism with Chinese characteristics in the new era. It put forward a grand blueprint for the rule of law in the new era and pointed out the way forward for building a rule of law in China. On March 11, 2018, the first session of the 13th National People’s Congress passed the “Constitution Amendment of the People’s Republic of China” based on the recommendations of the Central Committee of the Communist Party of China, establishing the guiding position of Xi Jinping’s new era of socialism with Chinese characteristics in the country’s political and social life. It clearly stipulates that the leadership of the Chinese Communist Party is the most essential feature of socialism with Chinese characteristics. It proposes the coordinated development of material civilization, political civilization, spiritual civilization, social civilization, and ecological civilization, and builds my country into a prosperous, democratic, civilized, harmonious and beautiful modern socialist country. It has great practical and far-reaching historical significance for upholding and developing socialism with Chinese characteristics and building a modern and powerful socialist country. In 2018, the Central Committee for the Comprehensive Rule of Law was established, and Xi Jinping personally served as the chairman of the committee to study and resolve major issues concerning the comprehensive rule of law, and accelerate the construction of a socialist rule of law system with Chinese characteristics and a socialist country ruled by law. In November 2020, the Central Government’s Work Conference on the Comprehensive Rule of Law was held. Xi Jinping attended the meeting and delivered an important speech, emphasizing that the promotion of comprehensive rule of law must start from the reality of grasping the new development stage, implementing the new development concept, and building a new development pattern, and centering on the construction of China The characteristic socialist rule of law system, the overall goal of building a socialist country ruled by law, adhere to the organic unity of party leadership, the people being the masters of the country, and the rule of law to solve the rule of lawProminent problems in the region are the focal points, unswervingly follow the path of socialist rule of law with Chinese characteristics, promote the modernization of the national governance system and governance capabilities on the track of rule of law, and provide a powerful rule of law for the comprehensive construction of a modern socialist country and the realization of the Chinese dream of the great rejuvenation of the Chinese nation Assure.
Xi Jinping’s thought on the rule of law was formed and developed in this great practice. In 2015, the Party Central Committee put forward “Xi Jinping’s Important Statement on the Comprehensive Rule of Law”. In 2018, the Party Central Committee proposed “Xi Jinping’s new concept, new thinking and new strategy for comprehensively governing the country according to law.” From November 16 to 17, 2020, at the Central Committee’s Work Conference on Comprehensive Rule of Law, the Party Central Committee formally and clearly put forward the “Xi Jinping Thought on the Rule of Law.” From “Xi Jinping’s important expositions on comprehensively governing the country by law” to “Xi Jinping’s new ideas, new thoughts and new strategies for comprehensively governing the country by law” to “Xi Jinping’s thoughts on the rule of law”, it not only embodies the accuracy of the concept and the scientific nature of the proposition, but also reflects the theoretical system. Maturation and rigorization of internal logic.
(2) The theoretical logic of the formation and development of Xi Jinping’s thoughts on the rule of law
The establishment of Xi Jinping’s thought on the rule of law is a glorious example of advancing the epochalization of Marxist rule of law theory in China, and demonstrates the theoretical logic of Marxist rule of law that is in line with the times and keeps pace with the times. “In the history of human thought, there is no ideological theory that has had such a wide and profound impact on mankind as Marxism.” [1] The Marxist ideological system is broad and profound, and contains rich theories of the rule of law. Its founders Marx and Engels profoundly revealed for the first time the inner connection between law and class and class struggle, the inevitable connection between law and the state and power, the causal connection between law and the material living conditions of society, and the influence of law in different social forms. Different functions and values ??in country types. They went deep into the phenomenon of law and the practice of law, revealed the essence, characteristics and development laws of law, created a scientific epistemology, methodology and axiology of the rule of law, and created the Marxist theory of the rule of law. Xi Jinping firmly believes in Marxism and inherits Marxism, and emphasizes the need to develop Marxism on the basis of inheriting Marxism, and constantly open up a new realm of the modernization of Marxism in China, “treat science with a scientific attitude, and pursue truth with the spirit of truth. , Constantly endows Marxism with new connotations of the times” [2]. Xi Jinping persisted in applying the principles of the rule of law of Marxism to answer questions of practice, the times, and human beings, and established a model for upholding and developing Marxist theory of the rule of law. Xi Jinping’s important works and speeches fully embodies the basic principles of dialectical materialism and historical materialism, and integrates the Marxist theory of state, party theory, law, rule of law, democracy, rights, power, and legal civilization. Principles of the state and the rule of law. In Xi Jinping’s thought on the rule of law, the scientific and truthfulness of Marxist rule of law theory has been fully released, the people’s character and practicality have been fully implemented, and the openness and timeliness of the theory have been fully demonstrated.
Since the 20th century, Marxism has been widely spread in China. The Chinese Communists persisted in combining the basic principles of Marxism with the concrete reality of China’s revolution, construction, and reform, and created Mao Zedong Thought and the theoretical system of socialism with Chinese characteristics. Xi Jinping adheres to and develops Mao Zedong Thought, Deng Xiaoping Theory, the “Three Represents” important thought, and the essence of the rule of law in the scientific development concept with the scientific spirit of uprightness and innovation, and promotes the Marxist rule of law in the new practice of governing the country according to law and building the rule of law in China. The modernization of theory in China has innovated and developed the theory of socialist rule of law with Chinese characteristics. The “Eleven Perseverances” that he put forward and elaborated deeply reflect the creative development of Xi Jinping’s rule of law thoughts on Marxist theory of the rule of law, and will help the party and the people unswervingly follow the path of the socialist rule of law with Chinese characteristics in the new era and stay on the track of the rule of law. Promoting the modernization of the national governance system and governance capabilities provides scientific theoretical guidance.
(3) The historical logic of the formation and development of Xi Jinping’s rule of law
Xi Jinping’s rule of law is not only an ideological creation generated in practical exploration and sublimated in theoretical innovation, but also an ideological essence inherited and condensed in history. Xi Jinping adheres to the historical materialist world outlook, methodology, and value theory, in-depth investigation of the history of the development of the rule of law in human society, profoundly grasping the law of the progress of human rule of law civilization, and in-depth absorption of the essence of the Chinese rule of law civilization and the world rule of law civilization, so that Xi Jinping’s rule of law thought is full of time and space. Strength and historical heaviness.
Xi Jinping is good at reviewing the past and learning the new through historical investigation and reflection, keeping in mind historical experience, historical lessons, and historical warnings, so as to provide a solid historical basis for the rule of law and the strengthening of the country by law. He pointed out that from ancient times in our country, all prosperous times are periods of relatively sound legal system; from the perspective of world history, the prosperity of the country is often accompanied by the rule of law; from the history of human political civilization, the issue of the rule of law and the rule of man is a basic issue. A major problem that all countries must face and solve in the process of modernization; from the perspective of today’s world, the rule of law has gradually become the common choice of national and social governance, but its specific models are very different.
Xi Jinping comprehensively summarized and reflected on the precious experience and painful lessons of the twists and turns of China’s democracy and rule of law in modern times, and profoundly revealed the historical logic of the rule of law, which is closely related to the future of the country and the people’s destiny. When the rule of law and the rule of law are prosperous, the country is safe and peaceful; when the rule of law is ignored and the rule of law is slack, when the country is in chaos and the people complain.” [3] The revelation and discussion of this historical logic greatly enriched and developed Marxism. The theory of rule of law, with historical proof and theoretical explanatory power, has strengthened the belief and determination of the party and the people to advance the rule of law in an all-round way and build a socialist country ruled by law.
Xi Jinping’s rule of law contains the wisdom of the Chinese nation’s continuous governance since ancient times. Xi Jinping insisted on using Marxist historical concept and methodology to conduct in-depth research on Chinese rule of law civilization, traditional legal culture and thoughts on the rule of law, including the legal thoughts of thinkers from the pre-Qin period to the end of Qing Dynasty, from the Shang Yang Reform, the Rule of Zhenguan, the Wang Anshi Reform, the Zhang Juzheng Reform to the Late Qing Reform Tuqiang Movement, from Qin Law, Han Law, Tang Law to “Six Laws Quanshu”, from ancient Chinese imperial system, county system, land system, tax system, salt and iron monopoly system, imperial examination system, supervision system, military system To modern China’s national system and national governance system. Xi Jinping’s rule of law thought critically inherited, creatively transformed, and innovatively developed Chinese excellent traditional legal culture and the essence of jurisprudence, clarified the historical nihilism’s misunderstanding of Chinese excellent traditional legal culture in modern times, and obtained the essence of Chinese excellent legal culture. Inheritance and promotion have enabled the Chinese spirit and national characteristics of the rule of law to be manifested, and greatly enhanced the cultural self-confidence and national confidence of the Chinese people in the rule of law and state governance.
Xi Jinping’s rule of law thoughts on the rule of law are full of affection and truth-seeking summary of the 100 years since the founding of the Communist Party of China to explore the construction of a new democratic legal system and the socialist rule of law, usher in a new era of socialist rule of law, open up a new era of rule of law, create a new era of comprehensive rule of law, and unswervingly promote the rule of law. Practical experience, historical achievements and innovative theories of construction. From the “May 4th Constitution” to the newly revised constitution in 2018; from the “socialist legal system” to the “socialist rule of law”; from “there are laws to follow, where laws must be followed, law enforcement must be strict, and violations must be investigated” to “science Legislation, strict law enforcement, fair justice, and law-abiding by the whole people.” Our party has increasingly realized that the governance of the country cannot be separated from the rule of law.
Xi Jinping’s rule of law is not only deeply cultivated in the soil of China’s excellent traditional legal culture, but also extracted from the world’s rule of law civilization gardens, absorbing the ideological essence of human rule of law civilization, and condensing the common governance wisdom of mankind. Xi Jinping emphatically pointed out that we must not only “use the fresh and rich contemporary Chinese practice to promote the development of Marxism”, but also “use a broad perspective to absorb all the outstanding civilization achievements created by mankind, insist on keeping the integrity and creating new things in reform, and constantly surpass ourselves. In the process of opening up, we will learn from others’ strengths and constantly improve ourselves.” [4] Xi Jinping’s thought on the rule of law draws on the intellectual knowledge of Chinese and foreign philosophy and social sciences, draws on the ideological nutrients accumulated in human society, and condenses extremely precious and diverse elements of the rule of law civilization, with broad knowledge horizons, heavy theoretical qualities, and strong thinking power .
The three logics of Xi Jinping’s rule of law thought are internally coherent and organically unified, and they jointly and profoundly reveal that Xi Jinping’s rule of law thought comes from the precipitation of experience, the condensation of rationality, and the tempering of history. They jointly interpret the practical vitality and theoretical creation of Xi Jinping’s rule of law thought. Power and historical explanatory power are major theoretical innovations that conform to the requirements of a comprehensive rule of law, building a rule of law in China, and realizing the great rejuvenation of the Chinese nation. It is a new development and new leap in the Sinicization of Marxist theory of the rule of law.
- The distinctive features of Xi Jinping’s rule of law
Xi Jinping’s thought on the rule of law contains profound political, legal, and academic principles, and demonstrates the political determination of the party’s leadership of the rule of law, the fundamental position of the people as the center, the firm belief in strengthening the country by law, the practical rationality of seeking truth and pragmatism, and the system of coordinating the overall situation Concepts, precise and refined dialectics, legal thinking that respects the law and reason, and the theoretical character of upright and innovative are also the distinctive features of the Sinicization of Marxist theory of the rule of law in the new era.
(1) The political determination of the party’s leadership of the rule of law
Xi Jinping’s Thought on Socialism with Chinese Characteristics for a New Era clarified that “the most essential feature of socialism with Chinese characteristics is the leadership of the Communist Party of China, the greatest advantage of the socialist system with Chinese characteristics is the leadership of the Communist Party of China, and the party is the highest political leading force”. Xi Jinping’s rule of law considers adherence to the party’s leadership as the primary issue in determining the political direction of comprehensive rule of law, the core of the road of socialist rule of law with Chinese characteristics, and the obvious advantages of comprehensive rule of law. It clearly proposes that the leadership of the Communist Party of China is the soul of China’s socialist rule of law. It is the fundamental guarantee for advancing the rule of law in a comprehensive way. It is the biggest difference between the rule of law in our country and the rule of law in Western capitalist countries. It profoundly answers a series of major issues such as why the party’s leadership should be adhered to in a comprehensive rule of law and how the party should lead. The dialectical relationship between leadership and the socialist rule of law clearly requires that the party’s leadership be implemented in all aspects of the whole process of comprehensively governing the country according to law, improving the system and working mechanism of the party’s leadership in comprehensively governing the country according to law, and promoting the institutionalization and rule of law of the party’s leadership, and continuous improvement The ability and level of party leadership to govern the country according to law has consolidated the theoretical, institutional and practical foundations for strengthening the party’s leadership in governing the country according to law, and strengthened the political judgment, political insight, and political execution power of leading cadres at all levels in the field of rule of law. , Strengthened the self-confidence of the socialist rule of law with Chinese characteristics.
(2) The fundamental stance that puts the people at the center
Xi Jinping’s rule of law is essentially a theory of the people, with the people’s character as its most distinctive feature, and the people’s stand as its fundamental political stand. Xi Jinping’s rule of law always adheres to the people-centered concept, regards the people as the broadest and deepest foundation for comprehensively governing the country according to the law, and takes happiness for the people as the fundamental mission, full of deep feelings of being close to, loving and serving the people; always embodying the people Interests, reflecting the aspirations of the people, safeguarding the rights and interests of the people, and enhancing the well-being of the people are carried out in the whole process of the comprehensive rule of law in all fields. The realization, maintenance and development of the fundamental interests of the majority of the people are the starting point and goal of the construction of the rule of law, so that the law and its Implementation fully reflects the will of the people, respects and protects human rights, and promotes the all-round development of people.
Xi Jinping’s thought on the rule of law always adheres to the people’s dominant position, regards the people as the main body of the construction of the rule of law, vigorously promotes the socialist spirit of the rule of law that the people’s rights and interests are guaranteed by the law, and the legal authority is maintained by the people, and emphasizes that the law is controlled, obeyed, used, and strengthened by the people. The whole society respects the conscious awareness of law-abiding and law-abiding usage.
Xi Jinping’s thought on the rule of law always puts the people in the highest position, takes the realization of the people’s yearning for a better life as the goal of struggle, unswervingly provides good laws and good governance for the realization of the people’s yearning for a better life, and continuously satisfies the people’s desire for democracy, the rule of law, fairness, and justice The growing needs for security, safety, and the environment have continuously enhanced the people’s sense of gain, happiness, and security.
(3) The firm conviction of enforcing the law to strengthen the country
Xi Jinping’s thought on the rule of law uses historical materialism to review and reflect on the history of thousands of years of vicissitudes of human society, as well as the rise and fall of human society. It reveals the historical law of “the rule of law leads to the prosperity of the country, and the rule of law leads to a strong country” and proposes “a modern country” It must be the scientific conclusion of a country under the rule of law, and integrate the dream of the rule of law into the dream of a strong country, and educate the entire party and the people of the whole country to unswervingly follow the path of strengthening the country by law. Xi Jinping emphatically pointed out that comprehensively governing the country according to law is of great significance to the comprehensive construction of a modern socialist country and the realization of the Chinese dream of the great rejuvenation of the Chinese nation. We “have a long-term view, build the foundation of the rule of law, enforce the rule of law, and accumulate the rule of law, promote the maturity and stereotypes of all aspects of the system, and provide long-term institutional guarantees for the development of the party and the country.” [5]. These high-level strategic ideas guide us to deepen the practice of comprehensively governing the country according to law and accelerate the construction of the rule of law in China on the new journey of building a modern socialist country in an all-round way. The rule of law can effectively guarantee political stability, economic development, cultural prosperity, social harmony, ecological beauty, and nationality. Unity, the happiness of the people, the peace of the society, and the unity of the country.
(4) Truth-seeking and pragmatic practical rationality
Seeking truth and being pragmatic is the practical rationality of Marxist philosophy and a vivid embodiment of our party’s ideological line. Xi Jinping’s thought on the rule of law applies truth-seeking and pragmatic practical rationality to the construction of the rule of law, constantly deepens the understanding of the rule of law and the rules of the rule of law, strengthens the problem awareness and problem orientation of the rule of law in a comprehensive way, and releases the extremely majestic spirit of the times and the power of change. The main manifestations are as follows: First, adhere to seeking truth from facts, continuously deepen the understanding of the inherent logic and development laws of the rule of law, lead the party and the people to follow the laws of the rule of law to promote the rule of law in a comprehensive way, and give full play to the fundamental role of the rule of law, stabilizing expectations, and benefiting the long-term. The second is to insist on proceeding from reality and adapting to the national conditions. Neither can it ignore the national conditions and go beyond the stage, nor can it be conservative or stick to the rules; focus on highlighting the Chinese characteristics of the rule of law, the characteristics of practice, and the characteristics of the times. The third is to strengthen the awareness of problems, face up to the outstanding problems that the rule of law does not meet the requirements of the development of the party and the country, the expectations of the people, and the goals of national governance modernization, and focus on solving outstanding problems, comprehensively deepen the reform of the rule of law, and promote the comprehensive rule of law. Continuous breakthroughs have been made. The fourth is to adhere to the Marxist style of study that integrates theory with practice. Xi Jinping’s thought on the rule of law emphasizes that neither should we start from some abstract legal theories that are divorced from reality, nor can we ignore the guidance of scientific theories and act blindly and blindly against the law. Xi Jinping pointed out: “Advancing the comprehensive rule of law is a profound change in national governance. It must be guided by scientific theory, strengthen theoretical thinking, and answer theoretically why the country should be governed by law and how to govern the country in accordance with the law. New results have been achieved in combination with practice, and the party’s ideological and theoretical results on strengthening the construction of the rule of law in the new era will be summarized and used to better guide the work of comprehensively governing the country according to law.”[6]
(5) Systematic concept of coordinating the overall situation
Xi Jinping’s thought on the rule of law pays great attention to the use of the systemic concepts of Marxist philosophy to guide the practice of rule of law. Xi Jinping made a series of important expositions on the scientific connotation of the system concept and the great significance of insisting on the system concept. He pointed out that “the system concept is a basic idea and working method” [7]. Its essence can be summarized as “strengthening forward-looking thinking, Overall planning, strategic layout, and overall promotion” [8]. In Xi Jinping’s thought on the rule of law, systematic concepts and systematic thinking are his distinctive scientific methods. Xi Jinping’s thought on the rule of law penetrates history and reality, connects international and domestic, combines theory and reality, and scientifically answers a series of major theoretical and practical questions about the rule of law in a comprehensive manner. It itself embodies the system concept of focusing on systemicity, integrity, and coordination. And systems thinking. The strategic design of Xi Jinping’s rule of law on the construction of a rule of law in China and the strategic layout of a comprehensive rule of law are a model for adhering to the systematic concept of scientific planning and coordinating the construction of the rule of law in the new era; Xi Jinping’s thought on the rule of law regards the party’s leadership as the soul of the socialist rule of law with Chinese characteristics , Emphasizing the strengthening of the party’s centralized and unified leadership over the comprehensive rule of law and the construction of a rule of law in China is an important manifestation of adhering to the systematic concept to coordinate the work of the comprehensive rule of law and ensuring the scientific operation and smooth progress of the comprehensive rule of law system engineering.
(6) Dialectical methods of precision training
Materialist dialectics is the consistent worldview and methodology of Xi Jinping’s rule of law. Xi Jinping’s rule of law applies materialist dialectics to the field of rule of law, and puts forward many theoretical viewpoints and propositions full of dialectical thinking, such as: socialist rule of law must adhere to the leadership of the party, and the party’s leadership must rely on the socialist rule of law; to promote reform under the rule of law, The rule of law is improved in the reform; the rights of the people must be protected by the law, and the authority of the law must be safeguarded by the people; power is a double-edged sword, exercised on the track of the rule of law can benefit the people, exercised outside the law will inevitably harm the country and the people; freedom is The purpose of order, order is the guarantee of freedom; safety is the prerequisite for development, and development is the guarantee of safety; law is the world’s peace and morality is the heart of the people; the rule of the party in accordance with the rules goes deep into the heart of the party, and the rule of the country according to law can penetrate into the hearts of the people; Strengthen the combination of top-level design and crossing the river by feeling the stones; social governance is a science, it is too hard to manage, a stagnant pool is not good, too loose, and the waves are not good; there is no difference between good and bad civilization, only the difference between characteristics; insist on opening to the outside world , Civilizations learn from each other, but they cannot be copied mechanically or fully transplanted; the news media must strengthen the supervision of law enforcement and judicial work, but must prevent the formation of “public opinion trials”; and so on. These are all vivid examples of Xi Jinping’s dialectical methods and theoretical thinking that are precisely refined in his thoughts on the rule of law.
(7) Thinking of the rule of law that respects the basis of the law
Xi Jinping’s rule of law thought is permeated with the rule of law thinking that respects the law and reason. “Respect for the law” and “justification” are the two decisive elements of the rule of law thinking. To respect the law means to respect the law and believe in the rule of law. In the sense of respecting the law, the essence of the rule of law thinking is to transform the respect for the rule of law and the reverence for the law into a way of thinking and behavior, so as to think about problems under the rule of law, not outside the rule of law, let alone above the rule of law. , Make decisions and handle affairs, uphold the supremacy of the Constitution and the law, adhere to the bottom line of the rule of law, and earnestly manage the country according to law, govern according to law, administer according to law, govern the army according to law, act according to law, and safeguard rights according to law. According to reason, it means to follow legal principle, good law and good governance. In a rational sense, the foundation of legal thinking lies in the rationality of legal provisions and the legitimacy of legal actions. In the new era of comprehensive rule of law, the rule of law we enforce is not capitalist rule of law, nor is it the rule of law model of other legal systems, but conforms to the spirit of our country’s constitution, reflects the will of the people, is supported by the people, upholds fairness and justice, and promotes virtue and righteousness. , Socialist good law and good governance that promote social harmony. The organic combination of respecting the law and reasoning, stressing both the law and the legal principle, unifies the formal rule of law and the substantive rule of law at the two levels of thought and action, and leads the profound changes in legal thinking and legal thinking with the scientific thinking of good law and good governance.
(8) Theoretical character of integrity and innovation
Maintaining integrity and innovation are the distinctive theoretical character of Xi Jinping’s thought on the rule of law, and it is also the mystery of Xi Jinping’s strong theoretical advantages and vitality. Xi Jinping pointed out: “Marxism is an open theory that is constantly evolving… A history of Marxism is the history of Marx, Engels and their successors who continue to develop in accordance with the times, practice, and understanding. It is the continuous absorption of human history. All excellent ideological and cultural achievements have enriched its own history. Therefore, Marxism can forever maintain its beautiful youth, constantly explore new topics raised by the development of the times, and respond to new challenges faced by human society.” [9] In the long-term leadership practice, Especially since the 18th National Congress of the Communist Party of China, Xi Jinping has continuously and deeply promoted the theoretical innovation, practical innovation, and system innovation of the socialist rule of law with Chinese characteristics, setting up a brilliant model of integrity and innovation for the whole party and the people of the whole country. He published a series of classic speeches on the rule of law, a series of profound principles, new concepts, propositions, and discourses of the rule of law, and a series of new ideas, new ideas, and strategies for comprehensively governing the country according to law, fully demonstrating the integrity The great theoretical achievements of innovation reflect the brilliant theoretical achievements of our party in the field of rule of law.
In his speech at the celebration of the 100th anniversary of the founding of the Communist Party of China, Xi Jinping pointed out: “Marxism is the fundamental guiding ideology of our party and the country, and it is the soul and banner of our party.” “Why is the Communist Party of China and why is socialism with Chinese characteristics good? In the final analysis, it is because of Marxism!” “To learn from history and create the future, we must continue to promote the sinicization of Marxism.” On the new journey, we must adhere to Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, and the important thinking of the “Three Represents.” , Scientific outlook on development, fully implement Xi Jinping’s thoughts on socialism with Chinese characteristics for a new era, “persist in combining the basic principles of Marxism with China’s specific reality and with China’s excellent traditional culture, using Marxism to observe, grasp, and lead the era, Continue to develop contemporary Chinese Marxism and 21st-century Marxism!” [10] Xi Jinping’s important exposition points out the way forward for the new era of keeping upright, innovating, upholding and developing Marxist theory of the rule of law.
- The theoretical system of Xi Jinping’s rule of law
Xi Jinping’s thought on the rule of law is a broad and profound scientific theoretical system. This textbook is based on Xi Jinping’s important speech at the Central Comprehensive Rule of Law Work Conference and other important speeches, and uses the central comprehensive rule of law work conference’s scientific interpretation of Xi Jinping’s rule of law thought as the research paradigm, and theoretically interprets the basics of Xi Jinping’s rule of law thought. The spirit, core principles and practical requirements can be summarized into six aspects.
The first is about the political direction of governing the country according to law in an all-round way. The political direction of comprehensive rule of law determines the success or failure of the construction of the rule of law. Xi Jinping scientifically pointed out the political direction and correct path of comprehensively governing the country according to law with theoretical propositions such as “adhere to the party’s leadership of the comprehensive rule of law,” “adhere to the people as the center”, and “adhere to the socialist rule of law with Chinese characteristics.”
The second is the discussion on the important position of comprehensively governing the country according to law. Xi Jinping incisively discussed the important position of comprehensively governing the country according to law, and deeply answered the important question of why the comprehensive rule of law is implemented, that is, “comprehensively governing the country by law is the essential requirement and important guarantee of socialism with Chinese characteristics.” A profound revolution” “Persist in advancing the modernization of the country’s governance system and governance capabilities on the track of the rule of law” “Comprehensive rule of law is the basic strategy for upholding and developing socialism with Chinese characteristics in the new era.”
The third is the discourse on the work layout of comprehensively governing the country according to law. Xi Jinping discussed in depth the major practical issues of how to promote the rule of law in an all-round way, proposing to “persist in building a socialist rule of law system with Chinese characteristics”, “persist in the joint advancement of rule of law, rule of law, and administration according to law, and adhere to the construction of a country ruled by law, a government ruled by law, and a society ruled by law.” “.
The fourth is the discussion on the key tasks of comprehensively governing the country according to law. At the Central Work Conference on Comprehensive Rule of Law, Xi Jinping put forward the key tasks for the current and future period of comprehensive rule of law, namely, “persist in administering the country according to the constitution and governing according to the constitution”, “persist in comprehensively advancing scientific legislation, strict law enforcement, fair justice, and law-abiding by all people. “Insist on the overall promotion of the domestic rule of law and foreign-related rule of law.”
Fifth, the discussion about the important relationship of comprehensively governing the country according to law. To fully govern the country according to law, we must understand and handle the dialectical relationships between politics and the rule of law (especially the leadership of the party and the rule of law), reform and rule of law, development and security, rule of law and rule of morality, rule of law and rule of the party. Xi Jinping made a scientific analysis of these relationships with his high-level political wisdom and precise and sophisticated dialectical thinking.
The sixth is the discussion on the important guarantee for the comprehensive rule of law. The comprehensive rule of law requires a strong and powerful guarantee system, including political guarantee, institutional guarantee, ideological guarantee, organizational guarantee, talent guarantee, operation guarantee, and technological guarantee, among which the human factor is of decisive significance. Xi Jinping emphasized “persist in building a high-quality legal work team with both ability and political integrity” and “persist in grasping the’critical minority’ of leading cadres.”
Five, the system structure of this textbook
In order to enable the majority of students and readers to grasp the basic content, core principles and scientific methods of Xi Jinping’s rule of law thoughts, so as to lay a good foundation for in-depth study of Xi Jinping’s rule of law thoughts in combination with other courses in the future, this textbook adopts the “introduction” method and sets “in the style”. The structure of “introduction + three-part sub-theory” embodies the internal logic from general theory to sub-theory, from theory to practice, and from ontology to method.
The introduction part summarizes the background of the formation and development of Xi Jinping’s rule of law thought, the practical logic, theoretical logic and historical logic of the formation and development of Xi Jinping’s rule of law thought, and the distinctive features and theoretical system of Xi Jinping’s rule of law thought.
The first part is “The Great Significance of Xi Jinping’s Thought on the Rule of Law”. This chapter is based on the spirit of the 19th National Congress of the Communist Party of China, the Central Committee for the Comprehensive Rule of Law, the previous meetings of the Central Committee for the Comprehensive Rule of Law, and other important meetings. Since the 18th National Congress of the Communist Party of my country, the construction of the socialist rule of law has taken place under the guidance of Xi Jinping’s thoughts on the rule of law. The historical changes and the facts of historical achievements are focused on the political, theoretical, practical, and world significance of Xi Jinping’s rule of law.
The second part is “the core essence of Xi Jinping’s rule of law”. This edition is the main part of the book, comprehensively explaining the scientific connotation of “Eleven Persistence” proposed by Xi Jinping at the Central Work Conference on Comprehensive Rule of Law. This “eleven adherence” is not only a major work deployment, but also a major strategic thinking. It focuses on showing the core essence, basic spirit and practical requirements of Xi Jinping’s rule of law thought. It is the ideological banner, fundamental follow and action guide for the comprehensive rule of law in the new era. . Studying Xi Jinping’s thoughts on the rule of law is to deeply understand the scientific connotation of “eleven persistence” and accurately grasp the essence of each “persistence” and the logical relationship between each “persistence”.
The third part is “The Scientific Method of Xi Jinping’s Thought on the Rule of Law”. Xi Jinping’s thought on the rule of law is an organic unity of positions, viewpoints, and methods. Xi Jinping’s rule of law thought profoundly elaborated the important relations between politics and the rule of law, reform and rule of law, development and security, rule of law and rule of morality, rule of law and rule of the party, and demonstrated a dialectical thinking and system full of the spirit of the times and practice orientation. Thinking, strategic thinking, historical thinking, innovative thinking, rule of law thinking, and bottom-line thinking provide us with scientific methodological guidance for correctly understanding and handling the important relationship of governing the country according to law in an all-round way.
Notes:
[1] Xi Jinping: “Speech at the Conference Commemorating the 200th Anniversary of Marx’s Birth” (May 4, 2018), People’s Publishing House, 2018 edition, p. 10.
[2] “Xi Jinping emphasized profound understanding and grasping the truth and power of Marxism during the fifth collective study in the Politburo of the CPC Central Committee to write a new chapter of socialism with Chinese characteristics in a new era”, published in People’s Daily, April 25, 2018, No. 1 Version.
[3] Xi Jinping: “Speech at the Second Plenary Session of the Fourth Plenary Session of the Eighteenth Central Committee of the Communist Party of China” (October 23, 2014), published in “Excerpts from Xi Jinping’s Excerpts on Governing the Country According to Law”, edited by the Literature Research Office of the Central Committee of the Communist Party of China, Central Literature Publishing House, 2015 edition, page 8.
[4] Xi Jinping: “Speech at the Commemoration of the Bicentennial of Marx’s Birth” (May 4, 2018), in Xi Jinping: “On the History of the Communist Party of China”, Central Literature Publishing House, 2021 edition, p. 211.
[5] Xi Jinping: “Guiding the Work of Comprehensively Governing the Country According to Law with Scientific Theory” (November 16, 2020), in Xi Jinping: “On Persistence in Comprehensively Governing the Country According to Law”, Central Literature Publishing House, 2020 edition, p. 3.
[6] Xi Jinping: “Unswervingly follow the path of socialist rule of law with Chinese characteristics to provide a strong legal guarantee for the comprehensive construction of a modern socialist country”, in “Seeking Truth”, Issue 5, 2021, p. 15.
[7] Xi Jinping: “Explanation on the “Proposals of the Central Committee of the Communist Party of China on Formulating the Fourteenth Five-Year Plan for National Economic and Social Development and Long-Term Goals for 2035″,” published in “People’s Daily” November 4, 2020 ,Version 2.
[8] Xi Jinping: “Grasp the new development stage, implement the new development concept, and build a new development pattern”, in “Seeking Truth”, Issue 9, 2021, p. 18.
[9] Xi Jinping: “Speech at the Conference Commemorating the 200th Anniversary of Marx’s Birth” (May 4, 2018), People’s Publishing House, 2018 edition, pages 9-10.
[10] Xi Jinping: “Speech at the Celebration of the 100th Anniversary of the Founding of the Communist Party of China” (July 1, 2021), People’s Publishing House, 2021 edition, pages 12 and 13.
