A Historical Materialist Interpretation of “Major Reforms Must Have a Legal Basis”

In the process of further deepening reform comprehensively, reform and the rule of law constitute a major relationship that must be properly coordinated and handled. General Secretary Xi Jinping has made a series of important expositions on this matter, among which “major reforms must have a legal basis” is a significant original proposition. As an important component of Xi Jinping Thought on the Rule of Law, this proposition represents the latest achievement in adapting the Marxist theory of the rule of law to the Chinese context and the needs of the times. Grounded in the fundamental standpoint of historical materialism, scientifically elucidating the theoretical logic and practical pathways of “major reforms must have a legal basis” is of great significance for promoting the steady and sustained progress of further deepening reform comprehensively.

在进一步全面深化改革进程中，改革与法治是一对必须协调处理好的重大关系。习近平总书记对此作出了一系列重要论述，“重大改革于法有据”是其中重要的原创性命题。作为习近平法治思想的重要内容，这一命题是马克思主义法治理论中国化时代化的最新成果。立足历史唯物主义基本立场，科学阐释“重大改革于法有据”的理论逻辑与展开路径，对于推动进一步全面深化改革行稳致远具有重要意义。

The Context in Which “Major Reforms Must Have a Legal Basis” Emerges

“重大改革于法有据”的出场语境

Since the 18th National Congress of the CPC, comprehensive deepening of reform and comprehensive law-based governance have advanced in depth. Accurately understanding and properly coordinating the relationship between the two is both a major theoretical issue and a major practical issue. General Secretary Xi Jinping has put forward a series of important expositions, such as “reform and the rule of law complement and arise together,” deeply elaborating on the dialectical unity between reform and the rule of law, providing a fundamental guideline for coordinating and handling the relationship between reform and the rule of law in the New Era. In November 2013, at the Second Plenary Session of the Third Plenary Session of the 18th Central Committee [1]1 Xi Jinping, “Speech at the Central Conference on Work Related to Law-Based Governance” (November 16, 2020), in *Xi Jinping: On Upholding and Improving the People’s Congress System*, Central Party Literature Press, 2024, p. 305., General Secretary Xi Jinping proposed that “all major reforms must have a legal basis.” Subsequently, at important meetings such as the Fourth Plenary Session of the 18th Central Committee, the Third Plenary Session of the 19th Central Committee, and the Third Plenary Session of the 20th Central Committee, “major reforms must have a legal basis” has been repeatedly emphasized.

党的十八大以来，全面深化改革和全面依法治国纵深推进，准确认识和协调处理二者的关系既是重大理论问题，也是重大实践问题。习近平总书记提出了“改革和法治相辅相成、相伴而生”等一系列重要论述，深入阐释了改革和法治的辩证统一关系，为新时代协调处理改革和法治的关系提供了根本遵循。2013年11月，习近平总书记在党的十八届三中全会第二次全体会议上提出“凡属重大改革要于法有据”。此后，在党的十八届四中全会、十九届三中全会、二十届三中全会等重要会议上，“重大改革于法有据”被反复强调。

The so-called “major reforms must have a legal basis” means that major reforms should have a legal foundation, with its core semantic focus on the dimension of legality for major reforms. The context in which this proposition emerges lies in the fact that major reforms occupy an important position in comprehensively deepening reform and bear on the overall situation of reform. Coordinating the relationship between major reforms and the rule of law constitutes the prerequisite for the deep interaction between comprehensively deepening reform and comprehensively governing the country by law. Theoretically, there is a profound inherent unity between major reforms and the rule of law, but there are also clear differences in specific forms. Major reforms are essentially creative practices that break through existing patterns, while the core orientation of the rule of law is to maintain social order and stability through established norms. The coordination of the relationship between the two faces the contradiction between changeability and stability. How to coordinate and handle this contradiction has become a theoretical issue that must be addressed to promote the comprehensive deepening of reform and comprehensive law-based governance. In practice, there still exist phenomena where major reforms are promoted at the cost of sacrificing legality. On the one hand, this approach undermines the foundation of building a rule-of-law China and hinders the implementation of the comprehensive law-based governance strategy; on the other hand, it may cause major reforms to fall into chaos due to the loss of legal safeguards, leading to the failure of the objectives of major reforms. Coordinating the relationship between major reforms and the rule of law has become a practical issue that must be resolved.

所谓“重大改革于法有据”，意指重大改革应当具有法律根据，其核心语义聚焦重大改革的合法性维度。这一命题的出场语境在于，重大改革在全面深化改革中占有重要地位，事关改革全局。协调处理重大改革和法治的关系构成了全面深化改革和全面依法治国深层互动的前提。从理论上看，重大改革与法治之间具有深刻的内在统一性，但在具体形式上也存在明显的差异性。重大改革本质上是突破既有格局的创造性实践，法治的核心取向则是以既定规范维护社会秩序稳定。两者间关系的协调面临着变动性与稳定性的矛盾。如何协调处理这对矛盾成为推动全面深化改革和全面依法治国必须回答的理论课题。从实践上看，现实中依然存在以牺牲合法性为代价来推进重大改革的现象。这种做法一方面会破坏法治中国建设根基，妨害全面依法治国战略的实施；另一方面还可能使重大改革因丧失法治保障而陷入混乱，导致重大改革目的落空。协调处理重大改革与法治之间的关系，成了必须解决的实践课题。

The Theoretical Logic of “Major Reforms Must Have a Legal Basis”

“重大改革于法有据”的理论逻辑

As one of the core propositions of the latest achievements in adapting the Marxist theory of the rule of law to the Chinese context and the needs of the times, “major reforms must have a legal basis” takes historical materialism as its theoretical foundation. Only by grounding the analysis in the perspective of historical materialism can the theoretical logic of why major reforms “should” and “can” have a legal basis be revealed.

作为马克思主义法治理论中国化时代化最新成果的核心命题之一，“重大改革于法有据”以历史唯物主义为理论底色。只有立足历史唯物主义视域，方能揭示重大改革“应当”且“可以”于法有据的理论逻辑。

First, major reforms and the rule of law are deeply aligned in fundamental values. Major reforms are essentially an inevitable choice for resolving the deep-seated contradictions faced by development, with the fundamental aim of realizing the people’s aspiration for a better life. In *The German Ideology*, Marx and Engels pointed out that individuals, “apart from having to constitute their power as a state, must also give their will, determined by these specific relations, a general expression as the will of the state, as law,” and “this expression of their will, determined by their common interests, is law.” The socialist rule-of-law system with Chinese characteristics is, in essence, the legal expression of the will determined by the common interests of the people. Major reforms and the rule of law are deeply aligned in fundamental values, just as General Secretary Xi Jinping has emphasized: “In advancing any major reform, we

首先，重大改革与法治在根本价值上深度契合。重大改革本质上是解决发展所面临深层矛盾的必然选择，根本指向于实现人民对美好生活的向往。马克思恩格斯在《德意志意识形态》中指出，个人“除了必须把自己的力量构建成国家外，还必须使他们的由这些特定关系所决定的意志具有国家意志即法律这种一般表现形式”，“这种由他们的共同利益所决定的意志的表现，就是法律”。中国特色社会主义法治体系在本质上是由人民共同利益所决定意志的法治化表达。重大改革与法治在根本价值上深度契合，正如习近平总书记所强调的，“推进任何一项重大改革，都要站在人民立场上把握和处理好涉及改革的重大问题，都要从人民利益出发谋划改革思路、制定改革举措”“必须坚持法治为了人民、依靠人民、造福人民、保护人民”。

Second, the safeguarding role of the rule of law determines that major reforms must have a legal basis. Historical materialism holds that law is determined by the mode of social production and forms of intercourse, yet at the same time it exerts an active role in social development. General Secretary Xi Jinping emphasizes that “we must better leverage the safeguarding role of the rule of law in consolidating foundations, stabilizing expectations, and ensuring long-term benefits.” [1]1 Xi Jinping, “Speech at the Central Conference on Work Related to Law-Based Governance” (November 16, 2020), in *Xi Jinping: On Upholding and Improving the People’s Congress System*, Central Party Literature Press, 2024, p. 305. Specifically, the rule of law can consolidate foundations through legally binding norms such as fundamental systems, basic systems, and important systems, ensuring that major reforms consistently adhere to the socialist orientation; it can stabilize expectations by establishing a complete system of behavioral norms and a rule-of-law operational procedure, ensuring that major reforms remain process-controllable throughout; and it can ensure long-term benefits by providing institutional norms that are long-term in consideration and application, guaranteeing the sustained advancement of major reforms and the long-term stability and security of the state. Major reforms “affect the whole body when one part is touched,” [2]2 A Chinese idiom meaning that a change in one part affects the whole; here it underscores the systemic impact of major reforms. and the safeguarding role of the rule of law should not be underestimated.

其次，法治的保障作用决定了重大改革必须于法有据。历史唯物主义认为，法由社会生产方式和交往形式决定，但同时对社会发展具有能动作用。习近平总书记强调，“必须更好发挥法治固根本、稳预期、利长远的保障作用”。具体而言，法治可以通过根本制度、基本制度、重要制度等具有强制力的法律规范巩固根本，确保重大改革始终坚持社会主义方向；可以通过确立完备的行为规范体系和法治运行程序稳定预期，确保重大改革始终过程可控；可以通过提供有长远考虑、长期适用的制度规范保障长远，确保重大改革持续推进、国家长治久安。重大改革“牵一发而动全身”，法治的保障作用不容小觑。

Finally, the historicity of law means that “major reforms must have a legal basis” is practically feasible. “Major reforms must have a legal basis” not only means that major reforms should seek support from existing legal provisions, but also implies that, when necessary, legal reform should be carried out in a timely manner. Historical materialism holds that law is not the so-called eternal absolute spirit, but rather a social consciousness rooted in the mode of social production and forms of intercourse. “Law, legislation, etc. are merely signs, expressions, of other relations upon which state power rests.” [3]3 Karl Marx and Frederick Engels, *The German Ideology*, in *Marx/Engels Collected Works*, Vol. 3, p. 32. When the mode of social production and forms of intercourse undergo fundamental transformation, law inevitably adjusts accordingly. This historical character provides a logical fulcrum for “major reforms must have a legal basis” from two aspects: if existing law still meets the needs of major reforms, major reforms must be advanced within the existing rule-of-law framework; if existing law lags behind social practice and major reforms, this means that there already exists a practical necessity to amend the law, and legal reform constitutes part of major reforms.

最后，法的历史性意味着“重大改革于法有据”现实可行。“重大改革于法有据”不仅意味着重大改革应当寻求现有法律依据支持，还意味着必要时应当及时进行法律改革。历史唯物主义认为，法并非所谓永恒存在的绝对精神，而是根植于社会生产方式和交往形式的社会意识。“法、法律等等只不过是作为国家权力基础的其他关系的一种标志，一种表现”。当社会生产方式和交往形式发生根本性变革时，法律必然随之调整。这种历史性特征从两个方面为“重大改革于法有据”提供了逻辑支点：如果现有法律依然适应重大改革需求，重大改革必须依据既有法治框架推进；如果现有法律滞后于社会实践和重大改革，那便意味着已经存在修改法律的现实必然性，法律改革构成了重大改革的一部分。

The Practical Unfolding of “Major Reforms Must Have a Legal Basis”

“重大改革于法有据”的现实展开

“Reform and the rule of law are like the two wings of a bird and the two wheels of a cart.” [4]4 A metaphor frequently used by Xi Jinping to describe the interdependent relationship between reform and the rule of law. Advancing major reforms must fully leverage the safeguarding role of the rule of law, so as to ensure that further deepening reform comprehensively proceeds steadily and far.

“改革和法治如鸟之两翼、车之两轮”。推进重大改革必须充分发挥法治的保障作用，以确保进一步全面深化改革行稳致远。

First, when laying out the overall plan for major reforms, the legal basis should be determined in accordance with the existing legal system. “Major reforms must have a legal basis” means that major reforms should have a basis in current law. On the one hand, according to the internal structure of major reforms, the legal basis in current law should be determined for the components of major reforms, such as the objectives, means, and the causal and proportional relationships between objectives and means. On the other hand, according to the structural composition of the existing legal system, the legal basis for major reforms should be determined at various levels, including the constitution, branch laws, administrative regulations, departmental rules, and local regulations.

其一，应当在重大改革谋篇布局之时依据现行法律体系确定法律根据。“重大改革于法有据”意味着重大改革应当具备现行法律根据。一方面，应根据重大改革的内部构造，确定重大改革的目的、手段以及目的与手段之间的因果关系、比例关系等重大改革组成部分的现行法律根据。另一方面，根据现行法律的体系构造，确定重大改革在宪法、部门法、行政法规、部门规章、地方性法规等各个层面的法律根据。

Second, for major reforms that conflict with existing legal provisions, a review of the necessity of legal reform should be conducted. The focus of the review is whether the contradiction between the major reform and existing law can be reconciled without undertaking legal reform. This includes both a review of whether the contradiction can be resolved within the existing legal system, and a review of whether the major reform must necessarily break through existing law. If the contradiction can be resolved through rule-of-law means such as legal interpretation, the legal basis for the major reform should be determined by relying on the existing legal system after completing work such as legal interpretation. If the contradiction cannot be resolved, it is then necessary to further review whether there is a necessity to break through existing law to carry out the major reform.

其二，对于与现行法律规定存在矛盾的重大改革应当进行法律改革必要性审查。审查的重点是重大改革与现行法律之间的矛盾是否可以在不进行法律改革的基础上得到调和。这既包括矛盾是否可以在现有法律体系内得到消解的审查，也包括重大改革是否必须突破现有法律的审查。如果矛盾可以通过法律解释等法治手段消解，应当在完成法律解释等工作的基础上依托现有法律体系确定重大改革的法律根据。如果矛盾无法得到消解，则有必要进一步审查是否具备突破现行法律进行重大改革的必要性。

Third, for major reforms that require legal amendments and for which conditions for amendment are ripe, the law should be amended first at the outset of the major reform, so as to provide clear legal grounds for the major reform. General Secretary Xi Jinping pointed out: “Scientific legislation is an important link in handling the relationship between reform and the rule of law. It is necessary to align legislation with reform decisions, ensuring that major reforms have legal grounds and that legislation proactively adapts to the needs of reform and development. When studying reform plans and reform measures, the legislative issues involved in the reform should be considered simultaneously, and legislative needs and legislative proposals should be put forward in a timely manner.” [5]5 Xi Jinping, “Speech at the Third Plenary Session of the 18th Central Committee of the Communist Party of China” (November 12, 2013), in *Selected Readings of Important Documents since the 18th National Congress of the Communist Party of China*, Vol. 1, Central Party Literature Press, 2014, p. 91. [The Third Plenary Session of the 18th Central Committee, held in November 2013, was a key meeting that set the agenda for comprehensive deepening of reforms under Xi Jinping’s leadership.] Before a major reform is formally launched, legislative needs and legislative proposals should be put forward based on the reform plan and measures; laws and regulations that do not meet the requirements of the reform should be amended or repealed in a timely manner, and legal provisions with unclear meanings should be strengthened through interpretation. Legislative activities should reserve a certain space for possible major reforms, ensuring the dynamic flexibility of the legal system.

其三，对于需要修改法律且具备修改条件的重大改革，应当在重大改革之初先修改法律，为重大改革明确法律根据。习近平总书记指出：“科学立法是处理改革和法治关系的重要环节。要实现立法和改革决策相衔接，做到重大改革于法有据、立法主动适应改革发展需要。在研究改革方案和改革措施时，要同步考虑改革涉及的立法问题，及时提出立法需求和立法建议。”在重大改革正式展开前，应根据改革方案和措施提出立法需求和立法建议，对于不适应改革要求的法律法规及时修改或废止，对于含义不清楚的法律加强解释。立法活动应当为可能进行的重大改革预留一定空间，确保法律体系的动态伸缩性。

Fourth, if conditions for amending the law are not yet mature, then special legal authorization for the reform should be obtained in accordance with legal procedures. For the sake of prudence, some major reforms often need to go through a process from pilot projects to promotion. Such reforms may not yet have the practical conditions for directly amending the law at the initial stage of implementation. In response to this, the state power organ [6]6 In China, the “state power organ” refers to the National People’s Congress (NPC) and its Standing Committee, which hold the highest legislative authority. should grant clear authorization for the pilot major reforms, either by directly authorizing the major reform measures or by directly authorizing the legislative authority of the legislative organs in the pilot areas for major reforms. At the same time, once the pilot major reform is completed or effective experience has been formed during the implementation process, it should be promptly elevated to formal national law, thereby providing sufficient legal grounds for the comprehensive implementation of the major reform.

其四，如果修改法律的条件尚不成熟，则需要依照法律程序对改革做专门的法律授权。为稳妥起见，部分重大改革往往需要经历从试点到推广的过程，这类改革在实施之初可能尚不具备直接修改法律的现实条件。对此，应由国家权力机关对试点的重大改革做出明确授权，或直接对重大改革举措进行授权，或直接对重大改革试点地区立法机关的立法权限进行授权。同时，试点重大改革一旦完成或在实施过程中形成了行之有效的经验，应及时将其上升为正式的国家法律，从而为全面展开的重大改革提供充分法律根据。

(Author: Yang Jun, Associate Researcher at the Institute of Marxism, Fudan University)

（作者：杨 军，系复旦大学马克思主义研究院副研究员）

Online Editor: Huihui

网络编辑：慧慧