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 foreign-related legal services, increase international judicial cooperation, improve China’s system for judicial assistance, and expand the coverage of China’s international judicial assistance. We need to strengthen international cooperation in fighting corruption, actively participate in international cooperation on law enforcement and security, and work together with other countries to crack down on terrorists, ethnic separatists, religious extremists, drug traffickers, smugglers, and transnational organized crime.
2.Achievements Made in Practicing Socialist Rule of Law with Chinese Characteristics
The rule-of-law marks the development of political civilization into a new high historical stage, and is the crystallization of human wisdom, aspired to and pursued by people of all countries. In the great practice of leading the people in winning the revolution and achieving victory in socialist construction and reform, in the course of the historical development of socialist democracy with Chinese characteristics, the CPC attaches great importance to developing the rule of law, and has profoundly summed up the successful experiences China has gained and the profound lessons it has learned in developing socialist rule of law with Chinese characteristics. The CPC has made law-based governance of the country the basic policy by which the Party 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 actively makes theoretical innovations, institutional reforms, and practical development in socialist rule of law in accordance with rule-of-law thinking and approaches, and has made historic achievements that attract worldwide attention in all major aspects of the construction of the rule-of-law.
2.1.Setting Law-Based Governance of the Country as the Basic Policy for Governing the Country
For the first time in 1997, the 15th National Congress of the CPC established the principle of governing the country according to law as the Party’s basic policy by which the Party leads the people in governing the country, clearly defined the goal of building a socialist country ruled by law as the goal of developing socialist democracy, and realized the fundamental transformation from “legal construction” to the goal of “rule of law”, bringing the building of a socialist rule of law with Chinese characteristics into a new starting point.
The 16th National Congress of the CPC explicitly proposed that the development of socialist democracy with Chinese characteristics must adhere to the principle of integrating leadership by the Party, the position of the people as masters of the country, and law-based governance of the country, and made clear the right development path in advancing law-base governance of the country and building the rule of law under socialist conditions.
The 17th and 18th National Congress of the CPC continued to hold high the banner of the socialist rule of law, and comprehensively promoted the implementation of the basic policy of governing the country according to law from all aspects, including a well-conceived approach taken to legislation, strict law enforcement, judicial justice administered impartially, and the law being observed by all of the people.
Law-based governance of the country means that the people, under the leadership of the Party, administer state affairs, manage economic and cultural undertakings, and manage social affairs through various channels and forms in accordance with the provisions of the Constitution and laws to ensure that all tasks of the country are conducted according to law, and gradually realize the institutionalization and codification of socialist democracy. Governing the country by law is practicing democracy and the rule of law, and opposing autocracy and rule by people. It means governing the power and officials according to law, respecting and safeguarding human rights, and bringing benefits to the people.
Law-based governance of China upholds the following principles: ensuring the people’s sovereignty, upholding the supremacy of the Constitution and laws, respecting and safeguarding human rights, exercising state power according to law, legislating effectively and democratically, administering according to law, implementing judicial impartiality, and strengthening supervision on regulating and constraining the exercise of the public power. Under the Chinese constitutional framework and the context of the rule of law, law-based governance of China includes six basic elements: (1) The leading core of governing the country according to law is the CPC. The leadership of the Party is a natural requisite for advancing law-based governance of China and a fundamental guarantee for comprehensively implementing this basic policy as well. (2) The people hold the principal position in governing the country according to law. The people, instead of government officials, leaders, and organs, are the actors who provide the source of strength for the law-based governance of China. Governing the country by law is by no means ruling
