Building a Higher-Level Socialist Country under the Rule of Law
周尚君:建设更高水平的社会主义法治国家
On January 10, 2025, General Secretary Xi Jinping sent a letter to the Ninth National Congress of the China Law Society, expressing his expectations for legal professionals and legal scholars. Building a higher-level socialist country under the rule of law is a strong guarantee for further deepening reform comprehensively and advancing Chinese-path modernization, and is an inevitable requirement for continuing to improve and develop the system of socialism with Chinese characteristics and for promoting the modernization of the national governance system and governance capacity.
2025年1月10日,习近平总书记致信中国法学会第九次全国会员代表大会,对广大法学法律工作者提出期待。建设更高水平的社会主义法治国家,是进一步全面深化改革、推进中国式现代化的坚强保障,是继续完善和发展中国特色社会主义制度、推进国家治理体系和治理能力现代化的必然要求。
Achievements and Experiences in Building a Law-Based China in the New Era
新时代法治中国建设的成就经验
First, upholding the leadership of the Party over law-based governance in all respects. Upholding the Party’s leadership is the primary experience in achieving historic new achievements in building a law-based China in the New Era. The remarkable results achieved in building a law-based China fully reflect the political advantages of the Party’s leadership. In recent years, the mechanisms through which the Party leads legislation, ensures law enforcement, supports the judiciary, and takes the lead in abiding by the law have gradually taken shape, enabling the implementation of Party leadership throughout the entire process and in all aspects of law-based governance. The Party’s leadership mechanism for law-based governance, which exercises overall leadership and coordinates the efforts of all, has become increasingly mature, driving all aspects, links, and fields to commit to the realization of the goals of building a law-based China. This has successfully opened up a new paradigm of autonomous-type rule-of-law modernization on Chinese soil, beyond the endogenous and transplant types, and has created a new form of human rule-of-law civilization.
一是坚持党对全面依法治国的领导。坚持党的领导,是新时代法治中国建设取得历史性新成就的首要经验。法治中国建设取得的显著成效,充分体现了党的领导政治优势。近年来,党领导立法、保证执法、支持司法、带头守法的机制逐步定型,使党的领导贯彻落实到依法治国全过程和各方面。党总揽全局、协调各方的法治领导机制日趋完善,驱动各方面、各环节、各领域致力于法治建设目标的实现,在中国大地成功开辟了自生型和移植型之外的自主型法治现代化新范式,开创了人类法治文明的新形态。
Second, adhering to the principle that the rule of law is for the people and relies on the people. The people are the creators of history and the fundamental force behind comprehensive law-based governance. China has formulated and amended its Constitution, formed and continuously improved the socialist legal system with Chinese characteristics, strengthened the authority of law, and reinforced the implementation of law, striving to ensure that the people feel fairness and justice in every legal system, every law enforcement decision, and every judicial case. The full play of the role of the people as the subject and source of strength in law-based governance has effectively advanced China’s rule of law construction.
二是坚持法治为了人民、依靠人民。人民是历史的创造者,也是全面依法治国的根本力量。我国制定和修改宪法,形成并不断完善中国特色社会主义法律体系,增强法律权威,强化法律实施,努力让人民群众在每一项法律制度、每一个执法决定、每一宗司法案件中都感受到公平正义。人民作为依法治国的主体和力量源泉作用的充分发挥,有力推动了我国法治建设。
Third, adhering to the unity of reform and the rule of law. Since the 18th National Congress of the CPC,[1]1 The 18th National Congress of the CPC, held in November 2012, marked the beginning of the New Era of socialism with Chinese characteristics under Xi Jinping’s leadership. China has adhered to the unity of reform and the rule of law, promoting reform under the rule of law and perfecting the rule of law through reform. The Supervision Law, formulated in 2018 and amended in 2024, has codified the new concepts, new measures, and new experiences of the national supervision system reform since the 18th National Congress of the CPC, innovating and improving the national supervision legal system. The Civil Code, completed in 2020, systematically integrated the civil legal norms formed through long-term practice since the founding of New China over 70 years ago, containing profound national spirit and manifesting a clear human-centered philosophy, earning the reputation of “the encyclopedia of social life.” The Organic Law of the State Council, revised in 2024, embodies the spirit and achievements of deepening the reform of Party and state institutions through legal provisions, further improving the organizational and working systems of the State Council, and providing a solid legal guarantee for building a law-based government, an innovative government, a clean government, and a service-oriented government that satisfies the people.
三是坚持改革与法治相统一。党的十八大以来,我国坚持改革和法治相统一,在法治下推进改革,在改革中完善法治。2018年制定、2024年修改的《监察法》把党的十八大以来国家监察体制改革的新理念、新举措、新经验以法律形式固定下来,创新完善了国家监察法律制度。2020年编纂完成的《民法典》系统整合了新中国成立70多年来长期实践形成的民事法律规范,蕴含着深厚的民族精神,彰显了鲜明的人本理念,被誉为“社会生活的百科全书”。2024年修订的《国务院组织法》,将深化党和国家机构改革的精神和成果通过法律规定予以体现,进一步健全国务院组织制度和工作制度,为建设人民满意的法治政府、创新政府、廉洁政府和服务型政府提供坚实法治保障。
Fourth, adhering to the integration of core socialist values into the rule of law. Core socialist values are the soul of socialist rule-of-law construction. In May 2018, the Central Committee of the CPC issued the “Plan for Integrating Core Socialist Values into the Legislation and Revision of Laws and Regulations,” emphasizing “efforts to integrate core socialist values into the entire process of establishing, amending, abolishing, and interpreting laws and regulations.” In 2018, “advocating core socialist values” was enshrined in the Constitution. The Fourth Plenary Session of the 19th Central Committee of the CPC[2]2 The Fourth Plenary Session of the 19th Central Committee of the CPC, held in October 2019, focused on upholding and improving the system of socialism with Chinese characteristics and advancing the modernization of the national governance system and governance capacity. clearly put forward the major proposition of “improving the legal and policy system for promoting core socialist values,” pointing the direction for promoting the construction of core socialist values through law. The 20th National Congress of the CPC further proposed “combining law-based governance with rule-of-virtue governance, and integrating core socialist values into the rule of law, into social development, and into daily life.”
四是坚持社会主义核心价值观融入法治。社会主义核心价值观是社会主义法治建设的灵魂。2018年5月,中共中央印发《社会主义核心价值观融入法治建设立法修法规划》,强调“着力把社会主义核心价值观融入法律法规的立改废释全过程”。2018年,“倡导社会主义核心价值观”载入宪法。党的十九届四中全会明确提出“完善弘扬社会主义核心价值观的法律政策体系”的重大命题,为用法律推动社会主义核心价值观建设指明了方向。党的二十大进一步提出,“坚持依法治国和以德治国相结合,把社会主义核心价值观融入法治建设、融入社会发展、融入日常生活”。
Fifth, adhering to the building of a high-quality legal workforce that possesses both integrity and ability, and both moral and legal cultivation. In recent years, under the guidance of Xi Jinping Thought on the Rule of Law, significant achievements have been made in building the legal workforce. Among judges and prosecutors, the proportion of those with a legal education background and a bachelor’s degree or above exceeds 95%; the number of lawyers has increased from 300,000 to 725,000 over the past ten-plus years; the legal education system has been further improved, training and supplying more than 100,000 specialized legal professionals each year. A socialist legal workforce loyal to the Party, the country, the people, and the law has been established, and a political and legal contingent that is politically reliable, professionally competent, responsible, disciplined, and upright in conduct has been built, providing a strong organizational and talent guarantee for comprehensive law-based governance and building a higher-level socialist country under the rule of law.
五是坚持建设德才兼备、德法兼修的高素质法治工作队伍。近年来,在习近平法治思想的指引下,法治工作队伍建设取得重大成就。法官、检察官法学专业出身与本科以上学历的比例均超过95%,律师人数10多年来由30万人增至72.5万人,法学教育体系更加完善,每年培养输送10万余名法治专门人才。一支忠于党、忠于国家、忠于人民、忠于法律的社会主义法治工作队伍建设了起来,一支政治过硬、业务过硬、责任过硬、纪律过硬、作风过硬的政法队伍打造了起来,为全面依法治国、建设更高水平的社会主义法治国家提供了强有力的组织和人才保障。
Key Tasks for Building a Higher-Level Socialist Country under the Rule of Law
建设更高水平社会主义法治国家的重点任务
First, adhering to ideological guidance, making systematic plans, and conducting precise evaluations to enhance the scientific level of building a law-based China. Under the guidance of Xi Jinping Thought on the Rule of Law, the construction of a law-based China has gradually formed a scientific planning mechanism that uses holistic knowledge for goal-oriented governance of public affairs. It is necessary to deeply grasp the systematic, holistic, and synergistic nature of reforms in all areas, aspects, and links of the rule of law; adhere to the coordinated advancement of domestic rule of law and foreign-related rule of law reforms; promote the integrated reform of mechanisms for building a law-based country, law-based government, and law-based society; coordinate reforms in legislation, law enforcement, judiciary, and law-abiding; and continuously improve the socialist legal system with Chinese characteristics. It is necessary to further build a scientific, reasonable, and operational performance evaluation indicator system for the construction of a law-based China, making the effectiveness of rule-of-law construction concrete and visible, and providing a scientific basis for assessing the real situation of rule-of-law construction, evaluating the real effectiveness of the rule of law, and improving the systems and mechanisms of rule-of-law construction.
一是坚持思想指引、作出系统规划、开展精准评估,提高法治中国建设的科学化水平。在习近平法治思想的指导下,法治中国建设逐渐形成运用整体知识对公共事务进行目标治理的科学规划机制。要深刻把握法治各领域各方面各环节改革的系统性、整体性、协同性,坚持统筹推进国内法治和涉外法治领域改革,一体推进法治国家、法治政府、法治社会建设机制改革,协同推进立法、执法、司法、守法各环节改革,不断完善中国特色社会主义法治体系。要进一步建设科学合理、操作性强的法治建设绩效考评指标体系,让法治建设成效具体化、可视化,为评估法治建设真实状况、评价法治真实效能、完善法治建设体制机制提供科学依据。
Second, improving the quality of legislation, perfecting the legal system, and optimizing institutional supply to enhance the standardization level of building a law-based China. To build a higher-level socialist rule of law, it is necessary to further deepen reforms in the legislative field and ensure high-quality development with high-quality legislation. The achievements of further comprehensive deepening of reforms in various fields and aspects should be promptly confirmed through the establishment, amendment, abolition, and interpretation of laws and regulations. It is necessary to strengthen legislation in key areas, emerging areas, and foreign-related areas, paying attention to the new requirements posed by new business forms, emerging factors, and new types of rights in the context of new quality productive forces for the legal system. Actively promote legislation in important areas such as national security, scientific and technological innovation, public health, biosecurity, ecological civilization, and risk prevention; improve the legal systems necessary for meeting the people’s growing needs for a better life; and ensure the healthy development of new business forms and new models with good laws and good governance.
二是提升立法质量、完善法律体系、优化制度供给,提高法治中国建设的规范化水平。建设更高水平的社会主义法治,必须进一步深化立法领域改革,以高质量立法保障高质量发展。应及时通过法律法规的立改废释,确认各领域各方面进一步全面深化改革取得的成果。要加强重点领域、新兴领域、涉外领域立法,注重新质生产力背景下新生业态、新兴要素、新型权利对法律制度提出的新要求。积极推进国家安全、科技创新、公共卫生、生物安全、生态文明、防范风险等重要领域立法,健全满足人民日益增长的美好生活需要必备的法律制度,以良法善治保障新业态新模式健康发展。
Third, gathering public opinion and public sentiment, alleviating people’s concerns and difficulties, and promoting governance by the people and for the people to enhance the social engagement level of building a law-based China. When formulating economic and social policies closely related to the people’s production, life, and real interests, and when introducing major reform measures, channels for public participation in major public decision-making should be kept open, and opinions from the masses should be widely solicited. It is necessary to respond to the people’s demand for fairness and justice at a higher level, correctly handle the balance between the efficiency requirements of reform and the fairness pursuit of the rule of law, and further improve the social fairness and justice guarantee system centered on equal rights, equal opportunities, and equal rules. A mechanism for the people to supervise and evaluate should be established to continuously improve the law enforcement intensity and effectiveness in key areas concerning the vital interests of the people, such as food and drugs, public health, the ecological environment, production safety, and labor protection. It is necessary to accelerate the reform and development of industries such as lawyers, notarization, arbitration, and judicial expertise; improve the management system and working mechanism of public legal services; promote the standardization, normalization, and precision of public legal services; and effectively meet the people’s growing demand for high-quality and diversified legal services.
三是广纳民情民意、纾解民忧民困、推进民治民享,提高法治中国建设的社会化水平。制定与人民生产生活和现实利益密切相关的经济社会政策、出台重大改革措施,要畅通公众参与重大公共决策的渠道,广泛听取群众意见。要在更高水平上回应人民群众对公平正义的需求,正确处理改革的效率要求与法治的公平追求之间的衡平问题,进一步健全以权利公平、机会公平、规则公平为主要内容的社会公平正义保障体系。要建立人民群众监督评价机制,促进食品药品、公共卫生、生态环境、安全生产、劳动保障等关系群众切身利益的重点领域执法力度和执法效果不断提高。要加快律师、公证、仲裁、司法鉴定等行业改革发展,完善公共法律服务管理体制和工作机制,推进公共法律服务标准化、规范化、精准化,有效满足人民群众日益增长的高品质、多元化法律服务需求。
Fourth, strengthening technological innovation, enriching application scenarios, and deepening digital and intelligent empowerment to enhance the smart level of building a law-based China. It is necessary to comprehensively promote the digital transformation of a law-based China with digital cognition, digital thinking, and digital technology. Use information and intelligent means such as big data and artificial intelligence to facilitate innovation in work concepts and methods, achieve precise and accurate provision of legal services, improve the intelligent and refined level of building a law-based China, and continuously inject scientific and technological forces into the construction of a law-based China. Accelerate legislation in areas such as the digital economy, internet finance, artificial intelligence, big data, and cloud computing. Promote the deep integration of scientific and technological innovations such as big data and artificial intelligence with judicial work, improve the “internet + litigation” model, strengthen the construction of litigation service facilities, and comprehensively build a modern litigation service system that is intensive and efficient, diversified in dispute resolution, convenient for the people, smart and precise, open and interactive, and integrated and shared. Strengthen the construction of the three major platforms of public legal services: physical, hotline, and online; promote the deep integration of public legal services with scientific and technological innovation means; and as soon as possible build a public legal service network covering all businesses and all times.
四是加强技术创新、丰富应用场景、深化数智赋能,提高法治中国建设的智能化水平。要以数字化认知、数字化思维、数字化技术全面推进法治中国的数字化转型。运用大数据、人工智能等信息化和智能化手段助推工作理念、工作方式创新,实现法律服务的精准精确供给,提升法治中国建设智能化、精细化水平,持续为法治中国建设输入科技力量。加快数字经济、互联网金融、人工智能、大数据、云计算等领域立法。推动大数据、人工智能等科技创新成果同司法工作深度融合,完善“互联网+诉讼”模式,加强诉讼服务设施建设,全面建设集约高效、多元解纷、便民利民、智慧精准、开放互动、交融共享的现代化诉讼服务体系。加强公共法律服务实体、热线、网络三大平台建设,推动公共法律服务与科技创新手段深度融合,尽快建成覆盖全业务、全时空的公共法律服务网络。
(This article is a phased result of the National Social Science Fund major project “Research on Comprehensively Improving the Level of Rule of Law in Social Governance” (23ZDA080))
(本文系国家社科基金重大项目“全面提升社会治理法治化水平研究”(23ZDA080)阶段性成果)
(The author is Vice President and Professor of Southwest University of Political Science and Law)
(作者系西南政法大学副校长、教授)
Online editor: Huihui
网络编辑:慧慧
Notes
- The 18th National Congress of the CPC, held in November 2012, marked the beginning of the New Era of socialism with Chinese characteristics under Xi Jinping’s leadership. ↩
- The Fourth Plenary Session of the 19th Central Committee of the CPC, held in October 2019, focused on upholding and improving the system of socialism with Chinese characteristics and advancing the modernization of the national governance system and governance capacity. ↩