Building a Higher-Level Rule-of-Law China

Core perspectives

核心观点

● A “higher-level rule-of-law China” is an image of China generated in the era of globalization; hence, “a country strong in the rule of law” is not only a domestic concept but also an external one.

●“更高水平的法治中国”是在全球化时代生成的中国形象，因而“法治强国”不仅是一个对内概念，也是一个对外概念。

● A country strong in the rule of law is a higher-level rule-of-law China empowered by science and technology, where modern digital technology becomes an important engine and tool leading and supporting the modernization of the rule of law, creating a century-spanning grand view of the rule-of-law China and digital China complementing and enhancing each other.

●法治强国是科技赋能的更高水平的法治中国，现代数字科技成为引领和支撑法治现代化的重要引擎和工具，形成法治中国和数字中国相辅相成、交相辉映的世纪盛景。

The Decision of the Third Plenary Session of the 20th Central Committee of the Communist Party of China [1]1 The Third Plenary Session of the 20th Central Committee of the Communist Party of China, held in July 2024, adopted the "Decision on Further Comprehensively Deepening Reform and Promoting Chinese-style Modernization" (hereafter the Decision). put forward for the first time the task of construction and reform “to bring the building of a socialist country based on the rule of law to a higher level”. On August 22, 2024, at the symposium commemorating the 120th anniversary of Comrade Deng Xiaoping’s birth [2]2 The symposium marking the 120th anniversary of the birth of Deng Xiaoping was held on August 22, 2024, in Beijing, where Xi Jinping delivered an important speech., General Secretary Xi Jinping further explicitly proposed “building a higher-level rule-of-law China”. From the perspective of the theoretical logic of a “higher-level rule-of-law China”, “bringing the building of a socialist country based on the rule of law to a higher level” is essentially “building a higher-level socialist country based on the rule of law”. As for the “higher level” in “a higher-level rule-of-law country” and a “higher-level rule-of-law China”, it is concentratedly manifested in three progressively advancing aspects: first, comprehensively promoting the rule-of-law orientation of all work of the state; second, building a rule-of-law China of good laws and good governance; third, implementing the strategy of strengthening the country through the rule of law, and advancing the building of a rule-of-law great power in Chinese-path modernization.

党的二十届三中全会《决定》首次提出“社会主义法治国家建设达到更高水平”的建设和改革任务。2024年8月22日，在纪念邓小平同志诞辰120周年座谈会上，习近平总书记又明确提出，“建设更高水平的法治中国”。由“更高水平的法治中国”的理论逻辑观之，“社会主义法治国家建设达到更高水平”本质上就是“建设更高水平的社会主义法治国家”。而“更高水平的法治国家”“更高水平的法治中国”中的“更高水平”集中体现为层层递进的三个方面：一是全面推进国家各方面工作法治化；二是建设良法善治的法治中国；三是实施法治强国战略，推动中国式现代化法治强国建设。

Comprehensively promote the rule-of-law orientation of all work of the state

全面推进国家各方面工作法治化

The primary task of building a higher-level socialist country based on the rule of law is to “comprehensively promote the rule-of-law orientation of all work of the state”. Comprehensively promoting the rule-of-law orientation of all work of the state has “rule-of-law orientation” as its goal and “comprehensiveness” as its key, which brings out the essential meaning of building a “higher-level rule-of-law country”. After the strategic task of “comprehensively promoting the rule-of-law orientation of all work of the state” was proposed at the 20th National Congress of the CPC [3]3 The 20th National Congress of the Communist Party of China, held in October 2022, was the first national congress of the Party in the new era., the Third Plenary Session of the 20th Central Committee again emphasized this task. Its basic tasks are: first, incorporating all overarching work of the state such as reform, opening up, development, and security, as well as all backbone undertakings such as economic construction, political construction, cultural construction, social construction, ecological civilization construction, and national defense and military construction, into the track of the rule of law, and comprehensively building a modern socialist country on the track of the rule of law. Second, incorporating governance work of the state such as Party governance, government governance, military governance, social governance, economic governance, internet governance, artificial intelligence governance, public health governance, biosecurity regulation, ecological and environmental protection, “one country, two systems”, governance of Hong Kong and Macao, and foreign affairs into the track of the rule of law, and advancing the modernization of the state governance system and governance capacity on the track of the rule of law. Third, incorporating specialized rule-of-law work such as national and local legislation, law enforcement, judicature, and law popularization into the track of the rule of law, realizing constitution-based governance, law-based legislation, strict law enforcement, impartial judicature, and precise law popularization, thereby supporting and guaranteeing high-level modernization with a high-quality rule-of-law track. Fourth, coordinating the advancement of domestic rule of law and foreign-related rule of law, promoting high-level opening up, safeguarding world peace and development, actively participating in global governance, advancing the rule-of-law orientation of international relations, and promoting the building of a community with a shared future for mankind on the track of the rule of law.

建设更高水平的社会主义法治国家，首要任务是“全面推进国家各方面工作法治化”。全面推进国家各方面工作法治化，目标在“法治化”，关键在“全面”，它道出了建设“更高水平的法治国家”的题中之义。继党的二十大提出“全面推进国家各方面工作法治化”的战略任务后，党的二十届三中全会再次强调“全面推进国家各方面工作法治化”。其基本任务是：第一，把国家改革、开放、发展、安全等具有全局性的各项工作，经济建设、政治建设、文化建设、社会建设、生态文明建设、国防军队建设等具有主干性的各项事业均纳入法治轨道，在法治轨道上全面建设社会主义现代化国家。第二，把政党治理、政府治理、军队治理、社会治理、经济治理、互联网治理、人工智能治理、公共卫生治理、生物安全监管、生态环境保护、“一国两制”、港澳治理、外交事务等国家治理工作纳入法治轨道，在法治轨道上推进国家治理体系和治理能力现代化。第三，把国家和地方的立法、执法、司法、普法等专门法治工作纳入法治轨道，实现依宪治国、依法立法、严格执法、公正司法、精准普法等，以高质量法治轨道支撑和保障高水平现代化。第四，统筹推进国内法治和涉外法治，在法治轨道上促进高水平开放、维护世界和平与发展、积极参与全球治理、推动国际关系法治化、推动构建人类命运共同体。

Building a rule-of-law China of good laws and good governance

建设良法善治的法治中国

In human history, the rule of law has taken various forms and models. Through a comprehensive examination of the patterns of rule-of-law civilization in human society, a profound reflection on ancient Chinese instrumentalist legal culture and modern Western formalist legal culture and their influence in contemporary China, and a scientific summing-up of the experiences and lessons of rule-of-law construction since the founding of New China, the Party Central Committee with Comrade Xi Jinping at its core has put forward a new model of rule of law that is compatible with Chinese-path modernization and integrates the essence of Chinese and foreign legal cultures, namely “good laws and good governance”. This form of rule-of-law model is inseparable from the institutional civilization and political civilization of modern society. By “good laws” is meant, first, that laws conform to the laws of humanity, nature, economy, society, politics, etc.; laws should be scientific and embody truth. Second, that laws embody the good social values, that is, laws respect and protect human rights, uphold fairness and justice, promote social harmony, ensure economic development, protect the ecological environment, safeguard world peace, etc. Third, that laws are well-made; laws should have a clear value orientation while being reasonable and not imposing excessive demands, being followable, enforceable, and applicable. Fourth, that laws are well-implemented; the rules, procedures, and techniques written in legal texts are realized in the vivid practice of law-abiding by all and law securing peace for the world. Since entering the New Era, through the transformation from “there must be laws to follow, laws must be followed, law enforcement must be strict, and violations must be prosecuted” to “scientific legislation, strict law enforcement, impartial judicature, and law-abiding by all”, and through the constitutional amendment from “improving the socialist legal system” to “improving the socialist rule of law”, China’s rule of law has realized a change from formal rule of law to “good laws and good governance” in which formal rule of law and substantive rule of law work together organically, leaping from “the rule-of-law orientation of all work of the state” toward “a rule-of-law China of good laws and good governance”.

在人类历史上，法治有各种形态、各种模式。全面考察人类社会法治文明样态，深刻反思中国古代工具主义的法治文化和西方近代形式主义法治文化及其在当代中国的影响，科学总结新中国成立以来法治建设的经验和教训，以习近平同志为核心的党中央提出了与中国式现代化相适应、融通中外法治文化精华的新型法治模式，即“良法善治”。这种形态的法治模式同现代社会的制度文明和政治文明密不可分。所谓“良法”，其一是法律符合人文、自然、经济、社会、政治等的规律，法律应当是科学的、体现真理的法律。其二是法律体现社会良善价值，也就是说，法律尊重和保障人权，维护公平正义，促进社会和谐，保证经济发展，保护生态环境，维护世界和平等。其三是法律制定得良好，法律既要有鲜明的价值导向又合情合理、不强人所难，可遵守、可执行、可适用。其四是法律实施得良好，写在法律文本中的规则、程序和技术落实为全民守法、法安天下的生动实践。进入新时代以来，经过从“有法可依、有法必依、执法必严、违法必究”到“科学立法、严格执法、公正司法、全民守法”的转型，从“健全社会主义法制”到“健全社会主义法治”的宪法修改，中国法治实现了由形式法治到形式法治同实质法治有机配合的“良法善治”的变革，从“国家各方面工作法治化”向着“良法善治的法治中国”的跃进。

Implement the strategy of strengthening the country through the rule of law, and advance the building of a rule-of-law great power in Chinese-path modernization

实施法治强国战略，推动中国式现代化法治强国建设

The ultimate goal of building a higher-level rule-of-law country and a higher-level rule-of-law China is to build a modern socialist rule-of-law great power, which is the essential meaning of building a great modern socialist country in all respects. In order to realize the great dream of national prosperity and national rejuvenation, since the founding of New China, especially since reform and opening up, our Party has successively proposed a series of “strategies for a great power”, such as “industrial great power”, “agricultural great power”, “transportation great power”, “manufacturing great power”, “science and technology great power”, “quality great power”, “talent great power”, “education great power”, “cultural great power”, “sports great power”, “cyber great power”, “maritime great power”, “trade great power”, and “aerospace great power”. Although the Party Central Committee has not yet explicitly put forward the concept of “a country strong in the rule of law”, in Xi Jinping Thought on the Rule of Law, the idea, proposition, and strategy of “a country strong in the rule of law” have already become quite systematic and mature.

建设更高水平法治国家、更高水平法治中国的终极目标是建成社会主义现代化法治强国，这是全面建成社会主义现代化强国的题中之义。为了实现国家强盛、民族复兴的伟大梦想，新中国成立以来特别是改革开放以来，我们党陆续提出了一系列“强国战略”，如“工业强国”“农业强国”“交通强国”“制造强国”“科技强国”“质量强国”“人才强国”“教育强国”“文化强国”“体育强国”“网络强国”“海洋强国”“贸易强国”“航天强国”等。虽然党中央目前还没有明确提出“法治强国”概念，但在习近平法治思想中，“法治强国”的理念、命题和方略已经十分系统成熟。

In terms of intellectual origins, “a country strong in the rule of law” can be traced back to the idea of “strengthening the country by upholding the law” that existed in Chinese history for nearly three thousand years. Han Fei, a representative of the Pre-Qin Legalist school, once said: “A state is never permanently strong or weak. If those who uphold the law are strong, the state is strong; if they are weak, the state is weak.” [4]4 This quote is from Han Fei (c. 280–233 BCE), a major philosopher of the Legalist school in ancient China. Under the direct influence of Legalist thought, during the Spring and Autumn and Warring States periods, the state of Qin rose among the contending powers, creating an example of a major power that governed by law and strengthened itself by upholding the law. The pre-Qin thinkers’ idea of “governing by law”, after centuries of practice, continuously merged with governance principles such as rule by virtue and benevolent governance, profoundly influencing the ways of state governance in later generations. In particular, with the compilation and dissemination of the Tang Code (Tanglü shuyi) [5]5 The Tang Code (Tanglü shuyi) was the legal code of the Tang Dynasty (618–907 CE), considered a masterpiece of Chinese legal culture and a model for East Asian legal systems., the Chinese nation’s idea of “strengthening the country by upholding the law” exerted a broad and profound influence on the state governance of East Asia and even neighboring countries, and the Chinese legal system became a unique legal system in world legal history. It is precisely based on these historical truths that Xi Jinping has repeatedly cited the classic Legalist discourse “If those who uphold the law are strong, the state is strong; if they are weak, the state is weak” to elucidate the inevitable connection between the rule of law and a strong state. At the same time, combining the experience of China’s socialist rule-of-law construction, he pointed out: “When the rule of law prospers, the country prospers; when the rule of law declines, the country is in chaos. Whenever the rule of law is emphasized and the rule of law flourishes, the country is safe and the people are at peace; whenever the rule of law is neglected and the rule of law slackens, the country is chaotic and the people resentful.” It can be seen that “upholding the law” and “strengthening the country” are connected, and the “rule-of-law dream” and the “great-power dream” are mutually linked. The rule of law is an important magic weapon that must never be abandoned in building a modern socialist great power.

“法治强国”在思想渊源上可以追溯至在中国历史上存在了近三千年的“奉法强国”理念。先秦法家的代表人物韩非子曾云：“国无常强，无常弱。奉法者强则国强，奉法者弱则国弱。”在法家思想的直接影响下，春秋战国时期，秦国于群雄列强之间崛起，创造了以法治国、奉法强国的大国范例。先秦思想家的“以法治国”思想经过数百年的实践，不断与德治、仁政等治国理念相融合，深刻影响了后世的国家治理方式。特别是，随着《唐律疏议》的集成和传播，中华民族“奉法强国”的理念对东亚乃至周边其他国家的国家治理均产生了广泛而深远的影响，中华法系亦成为世界法制史上独树一帜的法系。正是基于这些历史真相，习近平多次引用“奉法者强则国强，奉法者弱则国弱”的法家经典论述，来阐明法治和强国之间的必然联系。同时，他结合我国社会主义法治建设的历程，指出：“法治兴则国家兴，法治衰则国家乱。什么时候重视法治、法治昌明，什么时候就国泰民安；什么时候忽视法治、法治松弛，什么时候就国乱民怨。”可见，“奉法”和“强国”是相连的，“法治梦”和“强国梦”是相通的，法治是建设社会主义现代化强国须臾不可放弃的重要法宝。

The basic specifications and patterns of a modern socialist rule-of-law great power

社会主义现代化法治强国的基本规格和样态

First, the rule of law becomes a core value of the state and society. The whole society believes in the rule of law, respects the rule of law, and strictly practices the rule of law. The concepts of rights and obligations, freedom and equality, democracy and rule of law, fairness and justice, honesty and credit, and co-governance by law and virtue contained in modern rule of law are deeply rooted in people’s hearts. People exercise rights rationally, fulfill obligations faithfully, bear responsibilities according to law, and resolve conflicts and disputes peacefully and rationally, becoming common practices. The rule-of-law state, rule-of-law government, and rule-of-law society are fully built, and the rule-of-law culture and rule-of-law civilization reach a very high level.

第一，法治成为国家和社会的核心价值，全社会信仰法治、尊重法治、厉行法治，现代化法治所包含的权利义务观念、自由平等观念、民主法治观念、公平正义观念、诚实信用观念、法德共治观念等深入人心，人们理性行使权利、忠实履行义务、依法承担责任、和平理性化解矛盾纠纷等蔚然成风，法治国家、法治政府、法治社会全面建成，法治文化和法治文明达到至高水平。

Second, the rule of law becomes the basic strategy and basic mode of governance by the Party and the government, becomes the decisive force supporting the modernization of state governance and high-quality economic and social development, becomes the institutional resource for creating a better life for the people, and becomes a necessary indicator for measuring a country’s degree of civilization. In other words, the rule of law releases powerful energy in all links, fields, and aspects of governance. Law-based governance of the country, law-based exercise of power by the Party, law-based administration, and grassroots governance produce good results. The rule of law fully supports the building of a great modern socialist country that is prosperous, strong, democratic, culturally advanced, harmonious, and beautiful.

第二，法治成为党和政府治国理政的基本方略和基本方式，成为支撑国家治理现代化和经济社会高质量发展的决定性力量，成为创造人民美好生活的制度资源，成为衡量一个国家文明程度的必备指标。换言之，法治在治国理政的各环节各领域各方面都释放出强大能量，依法治国、依法执政、依法行政和基层治理取得良好效果，法治全面支撑起富强民主文明和谐美丽的社会主义现代化强国建设。

Third, the Constitution, as the fundamental law of the state and the general charter of governance, has great authority, and laws have universal effectiveness. State administrative organs, supervisory organs, and judicial organs are all supervised by the people’s congresses in accordance with the Constitution. Administrative regulations, supervisory regulations, administrative rules, judicial interpretations, and other normative documents must not conflict with the Constitution and laws, and must be subject to record review and constitutional review. All political parties, social organizations, and individual citizens must operate within the scope of the Constitution and laws. The ruling party exercises state power according to law; state power organs exercise power according to law, legislate according to law, and supervise according to law; people’s governments administer according to law and enforce law strictly; supervisory organs supervise according to law and regulations; judicial organs adjudicate impartially and handle cases civilly; and all people handle affairs according to law.

第三，作为国家根本大法和治国理政总章程的宪法具有极大权威，法律具有普遍实效。国家行政机关、监察机关、司法机关均依照宪法受到人民代表大会的监督，行政法规、监察法规、行政规章、司法解释和其他规范性文件均不得与宪法法律抵触，必须接受备案审查、合宪性审查。一切政党、社会组织、公民个人都必须在宪法法律的范围内活动，执政党依法执政，国家权力机关依法行权、依法立法、依法监督，人民政府依法行政、严格执法，监察机关依法依规监督，司法机关公正司法、文明办案，全体人民依法办事。

Fourth, human rights and citizens’ rights are earnestly respected and guaranteed, and the public power of the state is effectively restrained and supervised. As the great instrument for protecting human rights, the Constitution and laws adhere to a people-oriented approach, taking the people as the subject, the people as the center, and human rights as the standard, protecting citizens’ rights such as personal rights, personality rights, property rights, and basic political rights from infringement, and ensuring that citizens’ rights in economic, cultural, social, and other aspects are realized. Correspondingly, as the divine instrument for restricting power, the Constitution and laws delineate boundaries for power and supervise power to always operate on the track of the rule of law.

第四，人权和公民权利得到切实尊重和保障，国家公共权力受到有效约束和监督。作为人权保障的重器，宪法法律坚持以人为本、以人民为主体、以人民为中心、以人权为本位，保护公民人身权、人格权、财产权、基本政治权利等各项权利不受侵犯，保障公民经济、文化、社会等各方面权利得到落实。与之相应，作为权力制约的神器，宪法法律为权力划定界限，监督权力始终在法治的轨道上运行。

Fifth, China stands at the commanding heights of the rule of law and justice, possessing sufficient voice, decision-making power, and rule-making power in global governance. A “higher-level rule-of-law China” is an image of China generated in the era of globalization; hence, “a country strong in the rule of law” is not only a domestic concept but also an external one. Building a modern socialist rule-of-law great power means that our country possesses strong rule-of-law soft power and rule-of-law influence in the international community and on the world stage, and possesses the executive power and coercive force to implement international law.

第五，中国站在法治和正义的制高点，在全球治理中拥有充足话语权、决策权和规则制定权。“更高水平的法治中国”是在全球化时代生成的中国形象，因而“法治强国”不仅是一个对内概念，也是一个对外概念。建成社会主义现代化法治强国，意味着我国在国际社会和世界舞台上拥有强大的法治软实力和法治影响力，拥有实施国际法的执行力和强制力。

Sixth, the rule of law is combined with the most advanced productive forces, realizing the modernization of the rule of law itself at a higher dimension. A “higher-level rule-of-law China” not only coincides with the era of globalization but also is bound up with digitalization. Thus, a country strong in the rule of law is a higher-level rule-of-law China empowered by science and technology. Modern digital technology becomes an important engine and tool leading and supporting the modernization of the rule of law. Big data, cloud computing, artificial intelligence, the Internet, the Internet of Things, instant messaging technologies, and other emerging technologies are widely used in various fields of rule-of-law work, creating a century-spanning grand view of the rule-of-law China and digital China complementing and enhancing each other.

第六，法治与最先进的生产力相结合，在更高维度上实现法治自身的现代化。“更高水平的法治中国”不仅与全球化时代相契合，而且也与数字化相结缘。因而，法治强国是科技赋能的更高水平的法治中国。现代数字科技成为引领和支撑法治现代化的重要引擎和工具，大数据、云计算、人工智能、互联网、物联网、即时通信技术等新兴科技被广泛运用于法治工作各领域，形成法治中国和数字中国相辅相成、交相辉映的世纪盛景。

If measured by the above standards, our country is still far from the goal of a rule-of-law great power, and there are still many spaces to be filled. In terms of the number of laws and the degree of completeness of the legal system, our country has already become a “great country of laws.” Starting from the “Seven Laws in One Day” [6]6 "Seven Laws in One Day" (yi ri qi fa): On July 1, 1979, the Fifth National People's Congress passed seven fundamental laws (including the Criminal Law and Criminal Procedure Law) in a single day, marking the re-establishment of the legal system after the Cultural Revolution. on July 1, 1979, our country has completed in 45 years the legislative process that took Western developed countries hundreds of years, establishing a legal system that meets the needs of a market economy, democratic politics, human rights protection, social development, environmental protection, and peaceful development. However, to seek truth from facts, our country is not yet a “country strong in the rule of law.” And the transformation from a “great country of laws” to a “country strong in the rule of law” will inevitably be a historic transformation in the development strategy of the rule of law, an inevitable trend in the high-quality development of China’s rule of law, for which arduous efforts are needed. As Professor Hu Jianmiao said: “Establishing the country by the rule of law, stabilizing the country by the rule of law, saving the country by the rule of law, and strengthening the country by the rule of law are the summary of the experience of the development of human civilization. The rule of law is the path for China to become strong, and a country strong in the rule of law is China’s strategic goal.” Only by realizing the sublimation from a “great country of laws” to a “country strong in the rule of law” can China truly rank among the great powers of the world, and the “rule-of-law dream” and the “great-power dream” will “blossom together as twin flowers.”

若以上述标准衡量，我国目前距离法治强国的目标尚远，还有诸多有待充实的空间。就立法数量和法律体系完备的程度而言，我国已经成为一个“法律大国”。从1979年7月1日的“一日七法”算起，我国用45年时间走完了西方发达国家几百年的立法历程，建立起适应市场经济、民主政治、人权保障、社会发展、环境保护、和平发展需要的法律制度体系。但是，实事求是地说，我国还不是一个“法治强国”。而从“法律大国”到“法治强国”的转型，必将是法治发展战略的历史性转型，是中国法治高质量发展的必然趋势，为此需要付出艰巨的努力。正如胡建淼教授所言：“法治立国、法治稳国、法治救国、法治强国，是人类文明发展的经验总结。”“法治是中国的强国途径，法治强国是中国的战略目标。”只有实现了从“法律大国”到“法治强国”的升华，中国才可能真正跻身世界强国之林，“法治梦”和“强国梦”才会“并蒂花开”。

(The author is a senior professor of philosophy and social sciences at Jilin University and chair of the Academic Committee of the China Law Society)

（作者为吉林大学哲学社会科学资深教授、中国法学会学术委员会主任）

Online editor: Huihui

网络编辑：慧慧