Chinese-Path Rule-of-Law Modernization and Its Global Significance
林维:中国式法治现代化及其世界意义
Chinese-path rule-of-law modernization is a new path to a strong rule-of-law country that the Communist Party of China has successfully forged through long-term exploration and practice, one that accords with China’s national conditions, follows the laws of rule-of-law development, and leads toward a rule-of-law power. It is the rational outcome of combining Marxist legal theory with the concrete realities of China’s rule-of-law construction and with China’s outstanding traditional legal culture, and it represents the perfect integration of the common features of rule-of-law modernization with Chinese characteristics. At present, the great practice of Chinese-path rule-of-law modernization is continuously unfolding, deepening, and expanding. The realization of rule-of-law modernization by China—a country with a history of more than 5,000 years of civilization, a population of over 1.4 billion, the world’s second-largest nominal GDP, and a major trading partner for more than 150 countries and regions—constitutes an important milestone in the history of human rule of law. It will inevitably serve as a model and lead profound changes and adjustments in the global rule-of-law order, creating a new form of human rule-of-law civilization. Based on the Chinese characteristics, essential requirements, and major principles of Chinese-path rule-of-law modernization, I believe its global significance can be summarized in the following seven aspects.
中国式法治现代化是中国共产党领导人民经过长期探索和实践而成功走出的一条符合中国国情、遵循法治规律、通向法治强国的法治现代化新道路,是马克思主义法治理论同中国法治建设实际相结合、同中华优秀传统法律文化相结合的理性使然,是法治现代化的共同特征和中国特色的完美结合。目前,中国式法治现代化的伟大实践正在不断展开、深化和拓展,拥有5000多年文明史、14亿多人口、名义GDP全球第二、是150多个国家和地区的主要贸易伙伴的中国实现法治现代化的实践,是人类法治史上重要的里程碑,必将示范引领世界法治秩序体系的深刻变革调整,为人类法治文明创造新形态。基于中国式法治现代化的中国特色、本质要求和重大原则,我认为可以将中国式法治现代化的世界意义归纳为以下七个方面。
First, Chinese-path rule-of-law modernization, by exploring a distinctive path grounded in its own national conditions, provides developing countries with a model of autonomous rule of law. General Secretary Xi Jinping has stressed, “Whether the shoes fit, only the wearer knows.” [1]1 A metaphor used by Xi Jinping in a 2013 speech in Moscow to argue that each country should choose a development path suited to its own conditions, rather than having one imposed from outside. What kind of rule-of-law country to build and how to build it are, in the final analysis, determined by a country’s national conditions. Chinese-path rule-of-law modernization is a path of modernization “based on China.” China’s national conditions are not only the complex reality that Chinese-path rule-of-law modernization must confront but also provide rich and unique resources for developing and expanding it. On the basis of correctly understanding and deeply analyzing China’s rule-of-law realities, Chinese-path rule-of-law modernization has explored a correct path that can advance comprehensive law-based governance in the optimal way, bearing a typical Chinese style and Chinese ethos. This spirit of autonomous exploration rooted in a country’s own realities provides a reference sample for developing countries seeking to break free from dependence on the Western model and explore a rule-of-law modernization path suited to themselves.
一是中国式法治现代化立足本国国情探索特色道路,为发展中国家提供自主法治样本。习近平总书记强调,“鞋子合不合脚,自己穿了才知道”。建设什么样的法治国家,怎样建设法治国家,归根结底是由一个国家的国情决定的。中国式法治现代化是“根据中国”的现代化道路,中国国情既是中国式法治现代化必须面对的复杂实际,也为开拓发展中国式法治现代化提供了丰富而独特的资源。中国式法治现代化是在正确了解并深入分析中国法治国情的基础上,探索出的能够以最优方式推进全面依法治国的正确道路,具有典型的中国风格和中国气象。这种立足本国实际、自主探索的主体性法治精神,为广大发展中国家摆脱西方模式依赖、探索适合自身的法治现代化路径提供了参考样本。
Second, Chinese-path rule-of-law modernization has given birth to an independent knowledge system of Chinese legal science, providing new knowledge resources and theoretical possibilities for world legal theory. Chinese-path rule-of-law modernization insists on combining Marxist legal theory with the concrete realities of China’s rule-of-law construction and with China’s outstanding traditional legal culture. In the great practice of comprehensive law-based governance, it has given birth to an independent knowledge system of Chinese legal science. This independent knowledge system, scientifically guided by Xi Jinping Thought on the Rule of Law, systematically explains the principles and methods for handling fundamental rule-of-law issues such as the relationship between politics and the rule of law, between reform and the rule of law, between development and security, between law-based governance and rule-of-virtue governance, and between law-based governance of the country and rule-of-law governance of the Party. It will provide new knowledge resources on the rule of law for a new form of human rule-of-law civilization, supporting the process of Chinese-path rule-of-law modernization while offering important theoretical possibilities for the development of the rule of law in countries around the world.
二是中国式法治现代化孕育出中国法学自主知识体系,为世界法学理论提供了新的知识资源和理论可能。中国式法治现代化坚持把马克思主义法治理论同中国法治建设具体实际相结合、同中华优秀传统法律文化相结合,在全面依法治国的伟大实践中孕育出中国法学自主知识体系。以习近平法治思想为科学指引的中国法学自主知识体系系统阐释了处理政治和法治关系、改革和法治关系、发展和安全关系、依法治国和以德治国关系、依法治国和依规治党关系等法治基本问题的原理与方法,将为人类法治文明新形态提供新的法治知识资源,在支撑中国式法治现代化进程的同时为世界各国法治发展提供重要的理论可能。
Third, Chinese-path rule-of-law modernization adheres to a people-centered rule-of-law orientation, advancing the practice of global fairness and justice. The people’s character of the rule of law is a basic requirement of the Marxist mass view of history and also the expression in rule-of-law terms of the Party spirit of the Chinese Communists’ “wholeheartedly serving the people.” General Secretary Xi Jinping has pointed out: “Equality is the basic attribute of socialist law and the basic requirement of socialist rule of law.” Therefore, Chinese-path rule-of-law modernization always takes “the people” as the core of rule-of-law construction, implementing the embodiment of the people’s interests, the reflection of the people’s wishes, the protection of the people’s rights and interests, and the enhancement of the people’s well-being throughout all areas and the entire process of comprehensive law-based governance. Through the institutional system, it ensures that the people are the masters of the country and promotes fairness, justice, and common prosperity. The people-centered Chinese-path rule-of-law modernization not only promotes the harmonious and stable development of Chinese society but also provides a vivid sample for enhancing global fairness and justice.
三是中国式法治现代化坚持以人民为中心的法治导向,推动全球公平正义实践。法治的人民性是马克思主义群众史观的基本要求,也是中国共产党人“全心全意为人民服务”的党性宗旨在法治上的表达。习近平总书记指出:“平等是社会主义法律的基本属性,是社会主义法治的基本要求。”因此,中国式法治现代化始终将“人民”作为法治建设的核心,把体现人民利益、反映人民愿望、维护人民权益、增进人民福祉落实到全面依法治国各领域全过程,通过制度体系保障人民当家作主,推动公平正义与共同富裕。以人民为中心的中国式法治现代化不仅促进了中国社会和谐稳定发展,也为增进全球公平正义提供了鲜活样本。
Fourth, Chinese-path rule-of-law modernization coordinates the advancement of domestic rule of law and foreign-related rule of law, promoting changes and adjustments in the global governance system. Chinese-path rule-of-law modernization not only emphasizes domestic rule-of-law construction but also actively promotes the development of foreign-related rule of law, coordinating domestic governance with international governance and harmonizing the integration and interaction of domestic rule of law with international rule of law. As of June 2025, China has 306 currently effective laws, including 55 specialized foreign-related laws (such as the Foreign Relations Law and the Export Control Law) and 164 laws containing foreign-related provisions; there are 601 currently effective administrative regulations, including 121 foreign-related administrative regulations. In 2024, Chinese courts concluded 26,000 foreign-related civil and commercial cases, a year-on-year increase of 6.1%; Chinese procuratorial organs handled 5,644 international judicial assistance cases, a year-on-year increase of 15.4%. As of the end of 2024, Chinese law firms had established 207 branches in 37 countries and regions, including 73 in countries and regions jointly building the Belt and Road; the number of Chinese foreign-related lawyers exceeded 12,000. As of September 2025, China’s maritime courts had accepted a cumulative total of 88,000 foreign-related maritime cases, involving 146 countries and regions. China has earnestly fulfilled its obligations under international treaties such as the United Nations Convention on the Law of the Sea, the United Nations Convention against Corruption, and the United Nations Convention against Transnational Organized Crime. At the same time, it has actively participated in the formulation of international rules, consistently advocating the promotion of global good governance through international good law, injecting strong Chinese strength into the transformation of the global governance system, and making important contributions to the establishment of a fairer and more inclusive global governance system.
四是中国式法治现代化统筹推进国内法治与涉外法治,推动全球治理体系变革调整。中国式法治现代化不仅注重国内法治建设,还积极推动涉外法治发展,统筹国内治理与国际治理,协调国内法治与国际法治融合互动。截至2025年6月,我国现行有效法律306部,其中专门涉外法律55部(如《对外关系法》《出口管制法》等),含有涉外条款的法律164部;现行有效行政法规601部,其中涉外行政法规121部。2024年,中国法院共审结涉外民商事案件2.6万件,同比增长6.1%;中国检察机关共办理国际司法协助案件5644件,同比增长15.4%。截至2024年底,中国律师事务所已在37个国家和地区设立207个分支机构,其中在“一带一路”共建国家和地区设立73个;中国涉外律师达到1.2万余人。截至2025年9月,中国海事法院累计受理涉外海事案件8.8万件,涉及146个国家和地区。中国切实履行《联合国海洋法公约》《联合国反腐败公约》《联合国打击跨国有组织犯罪公约》等国际条约义务。同时,还主动参与国际规则制定,始终倡导以国际良法促进全球善治,为全球治理体系变革注入强劲中国力量,为建立更加公平、包容的全球治理体系作出了重要贡献。
Fifth, Chinese-path rule-of-law modernization promotes the creative transformation of Chinese rule-of-law civilization, injecting vitality into the exchange and mutual learning of global rule-of-law civilizations. Rule-of-law civilization is an important component of Chinese civilization, and the Chinese legal system is a significant marker of Chinese rule-of-law civilization. The legal principles of the Chinese legal system—such as the integration of ritual and punishment, the elevation of ritual and emphasis on law, the people as the foundation of the state and a solid foundation ensuring the state’s stability, a world without litigation and the valuing of harmony, virtue as the primary means and punishment as supplementary, the illumination of virtue and caution in punishment, adjudication according to law and punishment fitting the crime—as well as many concepts regarding the protection of widowers, widows, orphans, the childless, the elderly, women, children, and the disabled, still possess unique value and modern significance. Chinese-path rule-of-law modernization focuses on excavating the excellent genes of Chinese rule-of-law civilization, promoting their organic integration with modern rule-of-law civilization, and realizing creative transformation and innovative development. This integration not only maintains the continuity and systematicity of Chinese rule-of-law civilization but also provides a new perspective for the exchange and mutual learning of global rule-of-law civilizations.
五是中国式法治现代化推动中华法治文明创造性转化,为全球法治文明交流互鉴注入活力。法治文明是中华文明的重要组成部分,中华法系是中华法治文明的重要标志。中华法系的出礼入刑、隆礼重法、民惟邦本、本固邦宁、天下无讼、以和为贵、德主刑辅、明德慎罚、援法断罪、罚当其罪等法理以及保护鳏寡孤独、老幼妇残方面的许多理念,依然有其独特价值和现代意义。中国式法治现代化注重挖掘中华法治文明的优秀基因,推动其与现代法治文明有机融合,实现创造性转化与创新性发展。这种融合不仅保持了中华法治文明的连续性与系统性,也为全球法治文明交流互鉴提供了新视角。
Sixth, Chinese-path rule-of-law modernization uses the rule of law to safeguard high-quality development, providing stable expectations for world economic growth. Chinese-path rule-of-law modernization serves as the “ballast stone” for socioeconomic development. By improving the protection of property rights, optimizing the business environment, and promoting high-level institutional opening up, it provides a strong rule-of-law guarantee for high-quality economic development. The continuous improvement of China’s rule-of-law system has boosted foreign confidence in investing in China and has also provided stable expectations for cooperation in global economic recovery and world peace and development. Chinese-path rule-of-law modernization contributes precious certainty and fairness to global industrial and supply chains, and contributes the protective force of the rule of law to promoting the common development and prosperity of a community with a shared future for mankind.
六是中国式法治现代化以法治护航高质量发展,为世界经济增长提供稳定预期。中国式法治现代化是社会经济发展的“压舱石”,通过完善产权保护、优化营商环境、推动制度型高水平对外开放等举措,为经济高质量发展提供了有力法治保障。中国法治体系的不断完善,提振了外国投资中国的信心,也为全球经济复苏、世界和平发展提供了稳定的合作预期。中国式法治现代化为全球产业链、供应链贡献出宝贵的确定性和公平性,为促进人类命运共同体的共同发展繁荣贡献了法治的护卫力量。
Seventh, Chinese-path modernization of the rule of law promotes civilizational progress through cyber law-based governance, providing experience for global cyberspace governance and the construction of cyber civilization. Along with changes in productive technology and modes of production, human society has already experienced several major stages of civilization: primitive civilization, agricultural civilization, industrial civilization, and so on. In recent decades, the rapid development of digital technologies represented by the internet, big data, and artificial intelligence is thoroughly transforming the modes of production, daily life, and social operational logic of human society, gradually giving rise to an entirely new form of civilization. As a "new domain" of national governance, the internet is not a "lawless place"; it too must be governed by the rule of law, and it too must safeguard national sovereignty, security, and development interests. In the New Era, China's cyber law-based governance modernization has comprehensively strengthened institutional construction and mechanism guarantees at all levels of legislation, law enforcement, and justice, establishing a basic institutional framework for law-based governance of cyberspace. Foundational laws such as the Cybersecurity Law, the Data Security Law, the Personal Information Protection Law, and the Anti-Telecommunications and Online Fraud Law have established a multi-level and all-round legislative guarantee targeting space, data, and subjects. Special campaigns for comprehensive cyberspace governance have been continuously and deeply carried out; governance rules and supporting institutions for key technical fields such as algorithmic recommendation and deep synthesis have been constructed; and a series of institutional frameworks for algorithmic filing, algorithmic evaluation, and algorithmic accountability have been gradually established. For issues such as personal information protection, data security, intellectual property protection, platform competition, and antitrust, rules and standards have been clarified, the primary responsibility of platforms has been implemented, and the healthy and orderly development of online platforms in the New Era has been promoted. Whether in the fields of algorithmic governance, platform governance, or comprehensive cyber-ecological governance, innovative and distinctive Chinese solutions have been formed, providing experience and wisdom for the law-based governance of global cyberspace and the construction of cyber civilization.
七是中国式法治现代化以网络法治促进文明进步,为世界网络空间治理与网络文明建设提供了经验。伴随着生产技术和生产方式的变革,人类社会已经经历了原始文明、农业文明、工业文明等几个大的文明阶段,近几十年来,以网络、大数据、人工智能为代表的数字技术的飞速发展正在彻底改变人类社会的生产生活方式和社会运作逻辑,逐渐催生出全新的文明形态。作为国家治理的“新疆域”,互联网不是“法外之地”,同样要讲法治,同样要维护国家主权、安全、发展利益。新时代的中国网络法治现代化建设,从立法、执法、司法各个层面全面加强制度建设和机制保障,搭建了网络空间依法治国的基础制度框架。网络安全法、数据安全法、个人信息保护法、反电信网络诈骗法等基础法律建立起了针对空间、数据、主体的全方位多层次立法保障。持续深入开展了网络空间综合治理专项行动,建构了算法推荐、深度合成等重点技术领域的治理规则和配套制度,逐步搭建起算法备案、算法评估、算法问责等系列制度框架,针对个人信息保护、数据安全、知识产权保护、平台竞争、反垄断等问题,明确规则和标准,落实平台主体责任,推动网络平台在新时代健康有序发展。无论是在算法治理、平台治理还是网络生态综合治理等领域,都形成了创新而鲜明的中国方案,为世界网络空间治理与网络文明建设法治化提供了经验和智慧。
(The author is Deputy Secretary of the Party Committee and President of Southwest University of Political Science and Law.)
(作者系西南政法大学党委副书记、校长)
Online editor: Huihui
网络编辑:慧慧
Notes
- A metaphor used by Xi Jinping in a 2013 speech in Moscow to argue that each country should choose a development path suited to its own conditions, rather than having one imposed from outside. ↩
- "New Era" (新时代) refers to the period since the 19th National Congress of the CPC in 2017, marking a new historical juncture for socialism with Chinese characteristics under Xi Jinping's leadership.