Persist in Deepening Reform on the Track of the Rule of Law

Law is the beginning of governance. [1]1 A classical allusion from the ancient Chinese legalist text *The Book of Lord Shang* (《商君书》), meaning law is the foundation of good governance. The rule of law is the basic method for governing the country and managing state affairs. The "Decision of the Central Committee of the Communist Party of China on Further Comprehensively Deepening Reform and Promoting Chinese-Path Modernization" (hereinafter referred to as the "Decision"), reviewed and approved at the Third Plenary Session of the 20th Central Committee of the Communist Party of China, [2]2 The Third Plenary Session of the 20th Central Committee of the CPC was held in July 2024, focusing on further comprehensively deepening reform and promoting Chinese-path modernization. clearly establishes adherence to comprehensive law-based governance as a major principle for further comprehensively deepening reform. It emphasizes "deepening reform and promoting Chinese-path modernization on the track of the rule of law, achieving unity between reform and the rule of law, ensuring that major reforms have a legal basis, and promptly elevating reform achievements into the legal system." Reform and the rule of law are like the two wings of a bird and the two wheels of a chariot. A modernized country must be a country governed by the rule of law. Whether it is further comprehensively deepening reform or comprehensively advancing the great rejuvenation of the Chinese nation through Chinese-path modernization, comprehensive law-based governance is both an important component and an important safeguard. On the new journey, we must unswervingly follow the path of socialist rule of law with Chinese characteristics, improve the socialist legal system with Chinese characteristics, and consolidate the foundation of the rule of law for further comprehensively deepening reform and promoting Chinese-path modernization.

法者，治之端也。法治是治国理政的基本方式。党的二十届三中全会审议通过的《中共中央关于进一步全面深化改革、推进中国式现代化的决定》（以下简称《决定》）明确将坚持全面依法治国作为进一步全面深化改革的重大原则，强调“在法治轨道上深化改革、推进中国式现代化，做到改革和法治相统一，重大改革于法有据、及时把改革成果上升为法律制度”。改革和法治如鸟之两翼、车之两轮。一个现代化国家必然是法治国家。无论是进一步全面深化改革，还是以中国式现代化全面推进中华民族伟大复兴，全面依法治国既是重要内容，也是重要保障。新征程上，必须坚定不移走中国特色社会主义法治道路，完善中国特色社会主义法治体系，为进一步全面深化改革、推进中国式现代化夯实法治根基。

The Overall Framework for Comprehensive Law-Based Governance Has Basically Taken Shape

全面依法治国总体格局基本形成

Comprehensive law-based governance is a broad and profound revolution in the field of national governance and an important component of improving and developing the socialist system with Chinese characteristics and advancing the modernization of the national governance system and governance capacity. After reform and opening up, our Party profoundly summarized the experience of socialist rule of law construction, established law-based governance as the basic strategy for the Party to lead the people in governing the country, established law-based exercise of power as the basic method for the Party to govern the country and manage state affairs, and forged a path of socialist rule of law with Chinese characteristics. As socialism with Chinese characteristics entered a New Era, the Party Central Committee with Comrade Xi Jinping at its core positioned, laid out, and vigorously advanced the rule of law from an overall and strategic perspective, incorporated comprehensive law-based governance into the Four-Pronged Comprehensive Strategy, [3]3 The Four-Pronged Comprehensive Strategy is a strategic layout proposed by Xi Jinping, comprising comprehensively building a moderately prosperous society, comprehensively deepening reform, comprehensively governing the country according to law, and comprehensively and strictly governing the Party. promoted the construction of the socialist legal system with Chinese characteristics, improved the system for the Party to lead legislation, ensure law enforcement, support the judiciary, and take the lead in abiding by the law, adopted a series of strategic measures, advanced a series of transformative practices, achieved a series of breakthrough progress, the overall framework for comprehensive law-based governance has basically taken shape, and reforms in the field of the rule of law have achieved remarkable results.

全面依法治国是国家治理领域一场广泛而深刻的革命，是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重要内容。改革开放以后，我们党深刻总结社会主义法治建设的经验，把依法治国确定为党领导人民治理国家的基本方略，把依法执政确定为党治国理政的基本方式，走出了一条中国特色社会主义法治道路。中国特色社会主义进入新时代，以习近平同志为核心的党中央从全局和战略高度定位法治、布局法治、厉行法治，将全面依法治国纳入“四个全面”战略布局，推进中国特色社会主义法治体系建设，完善党领导立法、保证执法、支持司法、带头守法制度，采取一系列战略性举措，推进一系列变革性实践，实现一系列突破性进展，全面依法治国总体格局基本形成，法治领域改革成效显著。

The fundamental reason why comprehensive law-based governance in the New Era has been able to achieve historic accomplishments and undergo historic transformations lies in the strong leadership of the Party Central Committee with Comrade Xi Jinping at its core, and in the scientific guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, especially Xi Jinping Thought on the Rule of Law. To continue pushing reform forward, we must deeply study and comprehend General Secretary Xi Jinping's series of new ideas, new viewpoints, and new conclusions on comprehensively deepening reform, integrate the spirit of the Third Plenary Session of the 20th Central Committee of the CPC and the latest deployments on reforms in the field of the rule of law, achieve unity between reform and the rule of law, promptly summarize good experiences and good practices from practice, mature experiences and practices can be elevated into systems and transformed into laws, and actively leverage the role of the rule of law in guiding, promoting, regulating, and safeguarding reform.

新时代全面依法治国之所以能够取得历史性成就、发生历史性变革，根本在于以习近平同志为核心的党中央的坚强领导，在于习近平新时代中国特色社会主义思想特别是习近平法治思想的科学指引。继续把改革推向前进，必须深入学习领会习近平总书记关于全面深化改革的一系列新思想、新观点、新论断，结合党的二十届三中全会精神以及关于法治领域改革的最新部署，做到改革和法治相统一，及时总结实践中的好经验好做法，成熟的经验和做法可以上升为制度、转化为法律，积极发挥法治引导、推动、规范、保障改革的作用。

Fully Leverage the Guiding, Regulating, and Safeguarding Role of the Rule of Law

充分发挥法治的引领、规范、保障作用

Governing a country and a society, the key is to establish rules, abide by rules, and uphold rules. Facts from the development of human society prove that governance according to law is the most reliable and stable form of governance. China is a large country with a population of over 1.4 billion, vast territory, numerous ethnic groups, and complex national conditions. Realizing modernization in such a large country as China will be an unprecedented event in the history of human social development, requiring comprehensive coordination of reforms in various fields to ensure "establishing governance with a system, implementing governance in an orderly manner." [4]4 A classical allusion from the *Xunzi* (《荀子》), meaning that governance must have a proper structure and be implemented in an orderly way. Ensuring national unity, legal unity, policy unity, and market unity, and achieving economic development, clean politics, cultural prosperity, social justice, and a good ecological environment all require upholding the criterion of law and making good use of the method of the rule of law, to provide fundamental, overall, and long-term institutional guarantees for the development of the Party and the country's cause.

治理一个国家、一个社会，关键是要立规矩、讲规矩、守规矩。人类社会发展的事实证明，依法治理是最可靠、最稳定的治理。我国是一个有着14亿多人口的大国，地域辽阔，民族众多，国情复杂。在中国这样一个大国实现现代化将是人类社会发展史上前所未有的大事，需要全面统筹各领域改革，确保“立治有体，施治有序”。保证国家统一、法制统一、政令统一、市场统一，实现经济发展、政治清明、文化昌盛、社会公正、生态良好，都需要秉持法律这个准绳、用好法治这个方式，为党和国家事业发展提供根本性、全局性、长期性的制度保障。

When the rule of law prospers, the nation prospers; when the rule of law is strong, the nation is strong. Looking at the modernization process of countries around the world, all countries that have successfully achieved modernization have, without exception, properly resolved the issue of the rule of law versus the rule of man. Conversely, although some countries once achieved rapid development, they did not smoothly cross the threshold of modernization but fell into one or another "trap," experiencing stagnation or even regression in economic and social development. The latter situation is largely related to the lack of a robust rule of law. These lessons make us deeply realize that to further comprehensively deepen reform and promote Chinese-path modernization, we must fully leverage the guiding, regulating, and safeguarding role of the rule of law, promptly codify the experiences gained from reform in legal form, and promote the maturation and stabilization of various systems.

法治兴则民族兴，法治强则国家强。纵观世界各国推进现代化的历程，凡是顺利实现现代化的国家，没有一个不是较好解决了法治和人治问题的。相反，一些国家虽然也一度实现快速发展，但并没有顺利迈进现代化的门槛，而是陷入这样或那样的“陷阱”，出现经济社会发展停滞甚至倒退的局面。后一种情况很大程度上与法治不彰有关。这些教训让我们深刻认识到，进一步全面深化改革、推进中国式现代化必须充分发挥法治的引领、规范、保障作用，及时把改革取得的经验用法律形式确定下来，推动各方面制度更加成熟更加定型。

Comprehensively advancing law-based governance is a major strategic issue concerning our Party's governance and rejuvenation of the country, the well-being and happiness of the people, and the long-term stability and security of the Party and the state. Comprehensively deepening reform has entered a deep-water zone and a critical period, involving a wide range of areas. Facing complex and ever-changing international and domestic situations, we must actively and proactively respond, be vigilant in times of peace and prepare for danger, dare to advance into the deep-water zone, and dare to tackle tough challenges. We must comprehensively advance law-based governance, be adept at using legal thinking and legal methods to consolidate the institutional foundation, leverage the guiding and promoting role of the rule of law, further liberate and enhance social vitality, promote social fairness and justice, maintain social harmony and stability, and ensure the long-term stability and security of the Party and the state.

全面推进依法治国是关系我们党执政兴国、关系人民幸福安康、关系党和国家长治久安的重大战略问题。全面深化改革已进入深水区、攻坚期，涉及面广，面对纷繁复杂的国际国内形势，必须积极主动应对，做到居安思危、未雨绸缪，敢于突进深水区，敢于啃硬骨头。要全面推进依法治国，善于运用法治思维和法治方式筑牢制度基础，发挥法治的引领和推动作用，进一步解放和增强社会活力、促进社会公平正义、维护社会和谐稳定、确保党和国家长治久安。

Advance Reform under the Rule of Law, Perfect the Rule of Law in Reform

在法治下推进改革、在改革中完善法治

Reform and the rule of law complement and arise together. To further comprehensively deepen reform, we must properly handle the relationship between the two. Through the mutual promotion of reform and the rule of law, we must focus on breaking down ideological concepts and institutional mechanism drawbacks that hinder the advancement of Chinese-path modernization. Reforms in the field of the rule of law have a characteristic: many issues involve legal provisions. Reform must have a legal basis, but one cannot dare not cross the thunderous pool just because of existing legal provisions; that would make it impossible to advance reform. This is precisely what is meant by "If it benefits the people, one need not necessarily follow the ancient laws; if it is appropriate for the affairs, one need not necessarily adhere to old conventions." [5]5 A classical allusion from the *Book of Han* (《汉书》), advocating for pragmatism over rigid adherence to outdated laws or customs. We must adhere to the unity and linkage of reform decisions and legislative decisions, with legislation actively adapting to the needs of reform, ensuring that major reforms have a legal basis, advancing reform and the rule of law simultaneously, and enhancing the penetrating power of reform. For reform experiences and effective reform measures that have proven relatively mature in practice, they should be elevated into law as soon as possible. For important legislative matters with significant disputes between departments, promotion and coordination should be accelerated, and they cannot be delayed indefinitely. For matters where practical conditions are not yet mature and require pilot testing, authorization should be granted according to legal procedures, neither allowing arbitrary breaches of legal red lines nor simply using the absence of existing legal basis as a reason to delay reform. For existing laws and regulations that do not meet the requirements of reform, they should be promptly revised or abolished, preventing outdated legal clauses from becoming "stumbling blocks" for reform. [6]6 "Stumbling blocks" (绊马索) is a Chinese idiom literally meaning a rope used to trip horses, used here metaphorically for obstacles.

改革和法治相辅相成、相伴而生，进一步全面深化改革必须妥善处理二者的关系，通过改革和法治的相互促进，着力破除妨碍推进中国式现代化的思想观念和体制机制弊端。法治领域改革有一个特点，就是很多问题都涉及法律规定。改革要于法有据，但也不能因为现行法律规定就不敢越雷池一步，那是无法推进改革的，正所谓“苟利于民不必法古，苟周于事不必循旧”。要坚持改革决策和立法决策相统一、相衔接，立法主动适应改革需要，做到重大改革于法有据，改革和法治同步推进，增强改革的穿透力。对实践证明已经比较成熟的改革经验和行之有效的改革举措，要尽快上升为法律。对部门间争议较大的重要立法事项，要加快推动和协调，不能久拖不决。对实践条件还不成熟、需要先行先试的，要按照法定程序作出授权，既不允许随意突破法律红线，也不允许简单以现行法律没有依据为由迟滞改革。对不适应改革要求的现行法律法规，要及时修改或废止，不能让一些过时的法律条款成为改革的“绊马索”。

The "Decision" clarifies the overall goal of further comprehensively deepening reform: to continue improving and developing the socialist system with Chinese characteristics and to advance the modernization of the national governance system and governance capacity. The rule of law is an important pillar of the national governance system and governance capacity, and the legal system is the backbone project of the national governance system. Comprehensively advancing law-based governance involves many aspects. In practical work, there must be a general starting point that oversees the overall situation and drives all aspects. This general starting point is the construction of the socialist legal system with Chinese characteristics. Whether a strong legal safeguard system can be formed is related to the efficient operation of the rule of law and the realization of the overall goal of comprehensively advancing law-based governance. All related work must be planned and advanced around this general starting point. The "Decision" makes new overall plans and important deployments for improving the socialist legal system with Chinese characteristics. We must systematically advance the construction of a rule-of-law China through the construction of the legal system, forming at a higher level a complete system of legal norms, an efficient system for the implementation of the rule of law, a strict system for the supervision of the rule of law, a strong system for the safeguarding of the rule of law, and a complete system of intra-Party regulations.

《决定》明确了进一步全面深化改革的总目标：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。法治是国家治理体系和治理能力的重要依托，法治体系是国家治理体系的骨干工程。全面推进依法治国涉及很多方面，在实际工作中必须有一个总揽全局、牵引各方的总抓手，这个总抓手就是建设中国特色社会主义法治体系。能否形成有力的法治保障体系，关系法治的高效运行，关系全面推进依法治国的总目标的实现，相关各项工作都要围绕这个总抓手来谋划和推进。《决定》对完善中国特色社会主义法治体系作出新的统筹规划和重要部署。要以法治体系建设系统推进法治中国建设，在更高水平上形成完备的法律规范体系、高效的法治实施体系、严密的法治监督体系、有力的法治保障体系和完善的党内法规体系。

On the new journey of the New Era, reform and opening up stands at a new historical juncture. Both the domestic and international environments are undergoing extremely extensive and profound changes. We still face many difficulties and problems on the path forward. Issues of unbalanced, uncoordinated, and unsustainable development remain prominent. Problems such as failure to abide by the law, lax law enforcement, judicial injustice, failure to prosecute violations, and corruption in the rule of law field occur from time to time, affecting social fairness and justice. To further comprehensively deepen reform, it is necessary to uphold the organic unity of Party leadership, the people being the masters of the country, and law-based governance; to advance law-based governance, law-based exercise of state power, and law-based administration in concert; and to build a law-based state, a law-based government, and a law-based society as an integrated whole, so as to better leverage the role of the rule of law in consolidating foundations, stabilizing expectations, and ensuring long-term benefits. We must fully implement the Constitution, uphold the authority of the Constitution, coordinate reforms in the links of legislation, law enforcement, judicature, and law-abiding, improve the mechanism for ensuring equality before the law, promote the socialist spirit of the rule of law, safeguard social fairness and justice, bring all work of the Party and the state fully onto the track of the rule of law, and ensure that our society is both vibrant and orderly amidst profound changes.

新时代新征程，改革开放站在了新的历史关口，国内外环境都在发生极为广泛而深刻的变化，我们在前进道路上还面临不少困难和问题，发展中不平衡、不协调、不可持续问题依然突出，有法不依、执法不严、司法不公、违法不究和法治领域腐败等问题时有发生，影响社会公平正义。进一步全面深化改革，必须坚持党的领导、人民当家作主、依法治国有机统一，坚持依法治国、依法执政、依法行政共同推进，坚持法治国家、法治政府、法治社会一体建设，更好发挥法治固根本、稳预期、利长远的保障作用。全面贯彻实施宪法，维护宪法权威，协同推进立法、执法、司法、守法各环节改革，健全法律面前人人平等保障机制，弘扬社会主义法治精神，维护社会公平正义，把党和国家各项工作全面纳入法治轨道，确保我国社会在深刻变革中既生机勃勃又井然有序。

Online editor: Paul

网络编辑：保罗