Resolution points out that in comprehensively promoting the rule of law, we should do the following: implement the spirit of the 18th National Congress and the Third Plenary Session of the CPC; hold high the great banner of socialism with Chinese characteristics; take as our guide Marxism–Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the important thought of Three Represents, and the Scientific Outlook on Development; and thoroughly implement the guiding principles from major speeches by Xi Jinping. We must remain committed to integrating leadership by the Party, the position of the people as masters of the country; keep resolutely to the path of socialist rule of law with Chinese characteristics; remain dedicated to upholding the authority of the Constitution and other laws; protect the rights and interests of the people, social equity and justice, and national security and stability in accordance with the law, provide a powerful guarantee for achieving the Two Centenary Goals, and realize the Chinese Dream of the rejuvenation of the Chinese nation.
It is worth noting that compared with the guideline of comprehensively deepening the reform put forward by the Decision of the Central Committee of the Communist Party of China on Some Major Issues Concerning Comprehensively Deepening the Reform (the Decision for short) passed by the Third Plenary Session of the 18th CPC Central Committee, the Fourth Plenary Session made further progress in improving the guideline of comprehensively advancing the rule of law, which has the feature of keeping pace with the times. The Decision points out that in order to comprehensively deepen the reform, we must do the following: hold high the great banner of socialism with Chinese characteristics; take as our guide Marxism–Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the important thought of Three Represents, and the Scientific Outlook on Development. We must strengthen confidence and reach consensus; coordinate planning and promote cooperation; adhere to the reform direction of the socialist market economy; promote social fairness and justice and enhance the well-being of the people as the goal and result; further liberate the mind, release and develop social productivity, further emancipate the mind, liberate and develop social productive force, release and increase social vitality; resolutely eliminate the drawbacks of the systems and mechanisms; and work hard to open up a broader perspective of the cause of socialism with Chinese characteristics. Based on the above discussion, the guideline for comprehensively deepening the reform is expressed as: take as our guide Marxism– Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the important thought of Three Represents, and the Scientific Outlook on Development, whereas the guideline for comprehensively promoting the rule of law passed by the Fourth Plenary Session of the 18th National Congress of the CPC is stated as: take as our guide Marxism–Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the important thought of Three Represents, and the Scientific Outlook on Development and thoroughly implement the guiding principles from major speeches by Xi Jinping. Obviously, “thoroughly implementing the guiding principles from major speeches by Xi Jinping” has added to the guideline of promoting the rule of law, which has the significance of guiding the overall advancement of the rule of law.
6.The Resolution Established Five Basic Principles of Comprehensively Advancing the Rule of Law
The way of how to achieve the overall objective of comprehensively advancing the rule of law was an important issue that had been discussed by the drafting group at the very beginning. The drafting group always believed that we must adhere to the most basic principles to promote the rule of law; otherwise, we would deviate from the correct track of the socialist construction of the rule of law. To this end, the Resolution identified five basic principles.
1.Uphold the leadership of the CPC. The leadership of the CPC is the most essential feature of socialism with Chinese characteristics and is the most fundamental guarantee for socialist rule of law in China. The need to exercise the Party’s leadership throughout the whole process and in every aspect of the law-based governance of the country is a basic lesson we have learned in developing socialist rule of law in China. The position of leadership of the CPC is written into China’s Constitution. Upholding the Party’s leadership is fundamental to socialist rule of law: it is the foundation and lifeblood of both the Party and the country, affects the interests and well-being of the people of all China’s ethnic groups, and is integral to China’s efforts to comprehensively advance the law-based governance of the country. The Party’s leadership is consistent with the socialist rule of law: socialist rule of law must uphold the leadership of the Party, and the leadership of the Party must rely on the socialist rule of law. Only through the law-based governance of China and the rule of law under the Party’s leadership, can the people fully act as masters of the country, and the level of the rule of law can be steadily increased in affairs of the country and the lives of the people. To achieve the law-based exercise of state power, the Party not only has to exercise governance of the country in accordance with the Constitution and other laws but also has to ensure that its own self-governance is in line with Party regulations. The Party must lead legislation, ensure law enforcement, support the administration of justice, and lead the way in abiding by the law; integrate the basic policy of law-based governance and the basic practice of law-based exercise of state power; not only exercise overall leadership but also coordinate everyone’s efforts so as to ensure that people’s congresses, governments, committees of the CPPCC, courts, and procuratorates all perform their duties and carry out their work in accordance with the law and regulations; ensure that it not only leads the people in enacting and enforcing the Constitution and the laws but also operates within the confines of the Constitution and the laws itself; and be adept at helping its propositions become the will of the country through statutory procedures, guiding the candidates it backs to become leaders of organs of state power through these procedures, exercising leadership over the state and society through these organs, and using the principle of democratic centralism to safeguard the authority of the Central Committee and uphold the unity of the whole Party and the entire country.
2.Uphold the people’s principal position in the country. The people are the actors who provide the source of strength for the law-based governance of the country, and the system of people’s congresses is the fundamental political system that guarantees the people’s position as masters of the country. We must develop rule of law for the people and to benefit and protect them. In doing this, we must rely on them; take safeguarding their fundamental rights and interests as the starting point and the ultimate goal; ensure that, in accordance with the law, they both enjoy extensive rights and freedoms and perform their duties; uphold social equity and justice; and bring prosperity to all. We must ensure that the people can, under the Party’s leadership and in accordance with the law, participate in different ways through various channels in managing state affairs, economic and cultural undertakings, and social matters. We must get the people to understand that the law is both a powerful weapon that they can use to safeguard their rights and a code of conduct that they must abide by and strengthen the awareness of all members of society of the need to study, respect, abide by, and apply the law, so that they better understand, observe, and employ the law.
3.Ensure that everyone is equal before the law. Equality is a basic attribute of socialist law. All organizations and individuals must respect the authority of the Constitution and other laws; confine their activities to the areas prescribed by them; and exercise powers, enjoy rights, and perform duties and obligations in accordance with them. No organization or individual is above the Constitution or any other law. We must safeguard the unity, sanctity, and authority of the country’s legal system, ensure the Constitution and all other laws are effectively enforced, and under no circumstances allow any individual, under any pretext or in any way, to override the law through arbitrary fiats of their own making, place their power above the authority of the law, or bend the law for personal gain. With a focus on regulating and constraining the exercise of public power, we must strengthen oversight; ensure that with power comes responsibility, that the exercise of power is subject to oversight, and that violations of the law are punished; and resolutely put an end to laws being ignored, or not being strictly enforced, and breaches of law going uninvestigated.
4.Combine rule of law with rule of virtue. The governance of the country and society requires that law and virtue play a joint role. We must apply both the rule of law and the rule of virtue, energetically
