Deeply Grasping the Historical Necessity of the Formation of Xi Jinping Thought on the Rule of Law

Xi Jinping Thought on the Rule of Law is the latest achievement in adapting the Marxist theory on the rule of law to the Chinese context, and represents a major innovative development in the theory of the rule of law under socialism with Chinese characteristics. Xi Jinping Thought on the Rule of Law profoundly answers a series of major questions such as why comprehensive law-based governance is necessary in the New Era and how to implement it, and is of great significance in promoting a new leap forward in the theory and practice of the rule of law under socialism with Chinese characteristics. It marks that the Party’s understanding of the laws governing the construction of a socialist rule-of-law state and the development of human legal civilization has reached a new historical height. Deeply grasping the historical necessity of the formation of Xi Jinping Thought on the Rule of Law is of great significance for enhancing the political, ideological, and action consciousness required to implement it, and for further advancing comprehensive law-based governance.

习近平法治思想是马克思主义法治理论中国化的最新成果，是对中国特色社会主义法治理论的重大创新发展。习近平法治思想深刻回答了新时代为什么全面依法治国、怎样实行全面依法治国等一系列重大问题，对于推动中国特色社会主义法治理论和实践新飞跃意义重大，标志着党对社会主义法治建设和人类法治文明发展的规律性认识达到新的历史高度。深刻把握习近平法治思想形成的历史必然性，对于增强贯彻落实习近平法治思想的政治自觉、思想自觉和行动自觉，进一步推进全面依法治国等方面，具有重大意义。

First, Xi Jinping Thought on the Rule of Law meets the inevitable requirements of the development of the New Era.

第一，习近平法治思想适应新时代发展的必然要求。

Since the 18th National Congress of the CPC, socialism with Chinese characteristics has entered a New Era, and the principal contradiction in Chinese society has undergone a major transformation, now being the contradiction between the people’s ever-growing needs for a better life and unbalanced and inadequate development. General Secretary Xi Jinping pointed out: “Our people love life and look forward to better education, more stable jobs, higher incomes, more reliable social security, higher-level medical and health services, more comfortable living conditions, and a more beautiful environment. They look forward to their children growing up better, working better, and living better.” [1]1 This quotation is from Xi Jinping’s speech at his first meeting with the press as General Secretary of the CPC Central Committee on November 15, 2012. The people’s demands for democracy, the rule of law, fairness, justice, and other aspects are growing daily, and the position of comprehensive law-based governance in the overall work of the Party and the state has become more prominent and its role more significant. At the same time, on our new journey to comprehensively build a modern socialist country and comprehensively advance the great rejuvenation of the Chinese nation through Chinese-path modernization, we also face various new risks and tests. This makes it even more necessary to leverage the role of the rule of law in consolidating foundations, stabilizing expectations, and securing long-term benefits, so as to provide a strong legal guarantee for comprehensively building a great modern socialist country, realizing the Second Centenary Goal, and comprehensively advancing the great rejuvenation of the Chinese nation through Chinese-path modernization. Xi Jinping Thought on the Rule of Law is precisely a great theoretical achievement produced in response to the requirements of the times and the challenges of the era.

党的十八大以来，中国特色社会主义进入新时代，我国社会主要矛盾发生了重大变化，已经转化为人民日益增长的美好生活需要和不平衡不充分的发展之间的矛盾。习近平总书记指出：“我们的人民热爱生活，期盼有更好的教育、更稳定的工作、更满意的收入、更可靠的社会保障、更高水平的医疗卫生服务、更舒适的居住条件、更优美的环境，期盼孩子们能成长得更好、工作得更好、生活得更好。”人民群众对民主、法治、公平、正义等方面的要求日益增长，全面依法治国在党和国家工作全局中的地位更加突出、作用更加重大。与此同时，我们在全面建设社会主义现代化国家、以中国式现代化全面推进中华民族伟大复兴的新征程上，也面临各种新的风险考验，更加需要发挥法治固根本、稳预期、利长远的作用，为全面建成社会主义现代化强国、实现第二个百年奋斗目标，以中国式现代化全面推进中华民族伟大复兴提供有力法治保障。习近平法治思想正是顺应时代发展要求、应对时代挑战产生的伟大理论成果。

Second, Xi Jinping Thought on the Rule of Law is a scientific summary of the historical experience of the Party’s leadership in the construction of the rule of law.

第二，习近平法治思想是党领导法治建设历史经验的科学总结。

Since its founding, the Communist Party of China has always attached great importance to the construction of the rule of law. As early as the period of the New Democratic Revolution, the Party led the formulation of a large body of laws, including the “Constitutional Outline of the Chinese Soviet Republic.” [2]2 The Constitutional Outline of the Chinese Soviet Republic was a basic law enacted in 1931 by the Chinese Soviet Republic, a state-like entity established by the CPC in its rural base areas before 1949. During the period of socialist construction, the Communist Party of China carried out a series of theoretical innovations and practical attempts in exploring the path of a socialist rule-of-law state, laying the foundation for the construction of the rule of law in New China. The 1954 Constitution of the People’s Republic of China clearly stipulated that “all power in the People’s Republic of China belongs to the people,” [3]3 This is a direct quotation from Article 2 of the 1954 Constitution of the People’s Republic of China. fixing the principle of people’s democracy through the fundamental law and establishing the fundamental system whereby the Party leads the people in making and enforcing laws. Since reform and opening up, the CPC’s theory on the rule of law, based on the foundation and exploration of the period of socialist construction, has continuously strengthened its innovative development with Chinese characteristics. On the basis of summarizing historical experience, the Party gradually established law-based governance as the basic strategy for governing the country. As socialism with Chinese characteristics entered the New Era, the Fourth Plenary Session of the 18th Central Committee of the CPC took the comprehensive advancement of law-based governance as its theme for the first time, proposing the overall goal of “building a system of socialist rule-of-law with Chinese characteristics and building a socialist country under the rule of law,” [4]4 This formulation was the central theme and goal of the Fourth Plenary Session of the 18th CPC Central Committee, held in October 2014. elevating the rule of law from a national strategy to a national strategic height, emphasizing its systematic, holistic, and coordinated nature. At the Central Conference on the Comprehensive Advancement of Law-Based Governance held on November 16–17, 2020, Xi Jinping Thought on the Rule of Law was formally proposed. Xi Jinping Thought on the Rule of Law is a scientific summary of the rich practice and valuable experience of the Communist Party of China in leading the construction of the rule of law, embodying the crystallization of wisdom formed by Chinese Communists in the long-term exploration of rule-of-law construction.

中国共产党自成立以来，始终高度重视法治建设。早在新民主主义革命时期，党就领导制定了《中华苏维埃共和国宪法大纲》等大量法律。社会主义建设时期，中国共产党在探索社会主义法治道路过程中进行了一系列理论创新与实践尝试，为新中国法治建设奠定了基础。1954年《中华人民共和国宪法》明确规定“中华人民共和国的一切权力属于人民”，将人民民主原则通过根本法固定下来，确立了党领导人民制定法律、执行法律的根本制度。改革开放以来，中国共产党法治理论立足社会主义建设时期的奠基和探索，不断强化具有中国特色的创新发展。党在总结历史经验基础上，逐步将依法治国确立为治国理政的基本方略。中国特色社会主义进入新时代，党的十八届四中全会首次以全面推进依法治国为主题，提出“建设中国特色社会主义法治体系，建设社会主义法治国家”的总目标，将法治从治国方略提升至国家战略高度，强调法治的系统性、整体性、协同性，2020年11月16—17日中央全面依法治国工作会议上正式提出习近平法治思想。习近平法治思想是对中国共产党领导法治建设丰富实践和宝贵经验的科学总结，凝聚着中国共产党人在法治建设长期探索中形成的智慧结晶。

Third, Xi Jinping Thought on the Rule of Law is the legal guarantee for the modernization of the national governance system and governance capacity.

第三，习近平法治思想是国家治理体系和治理能力现代化的法治保障。

The Third Plenary Session of the 18th Central Committee of the CPC proposed the overall goal of comprehensively deepening reform, which is “to improve and develop the system of socialism with Chinese characteristics and promote the modernization of the national governance system and governance capacity.” [5]5 This formulation is the overall goal of comprehensively deepening reform, as set by the Third Plenary Session of the 18th CPC Central Committee in November 2013. On this basis, the Fourth Plenary Session of the 19th Central Committee and the Third Plenary Session of the 20th Central Committee of the CPC made special strategic deployments for promoting the modernization of the national governance system and governance capacity. General Secretary Xi Jinping pointed out: “Persisting in comprehensive law-based governance is a significant advantage of the national system and national governance system of socialism with Chinese characteristics. As the practice of socialism with Chinese characteristics advances one step, the construction of the rule of law must follow one step.” [6]6 This quotation is from Xi Jinping’s speech at the Central Conference on the Comprehensive Advancement of Law-Based Governance in November 2020. This requires that the construction of the rule of law must actively respond to and solve a series of new challenges and problems it faces, such as the rule-of-law system being not yet perfect, the implementation of the rule of law not being strong enough, the supervision of the rule of law not being effective enough, and the guarantee of the rule of law not being sound enough. Xi Jinping Thought on the Rule of Law runs through various fields such as economic, political, cultural, social, and ecological civilization construction, covering all aspects including reform, development, and stability; internal affairs, foreign affairs, and national defense; and the governance of the Party, the state, and the military. It deeply observes China’s specific national conditions and the reality of rule-of-law construction, providing scientific guidance for a profound understanding of the important position of comprehensive law-based governance in governing the country, and providing a fundamental guideline for promoting the modernization of the national governance system and governance capacity and building a higher-level rule-of-law China.

党的十八届三中全会提出了全面深化改革的总目标，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”。在此基础之上，党的十九届四中全会、党的二十届三中全会专门对推进国家治理体系和治理能力现代化作出战略部署。习近平总书记指出：“坚持全面依法治国，是中国特色社会主义国家制度和国家治理体系的显著优势。中国特色社会主义实践向前推进一步，法治建设就要跟进一步。”这就要求法治建设必须主动回应和解决自身面临的一系列新挑战、新问题，如法治体系不够完善、法治实施不够有力、法治监督不够有效、法治保障不够健全等。习近平法治思想贯穿经济、政治、文化、社会、生态文明建设等各个领域，涵盖改革发展稳定、内政外交国防、治党治国治军等各个方面，深刻洞察中国的特殊国情和法治建设的现实，为深刻认识全面依法治国在治国理政中的重要地位提供了科学指引，为推进国家治理体系和治理能力现代化、建设更高水平法治中国提供了根本遵循。

Fourth, Xi Jinping Thought on the Rule of Law is the latest achievement in adapting the Marxist theory on the rule of law to the Chinese context.

第四，习近平法治思想是马克思主义法治理论中国化的最新成果。

Persistently integrating the basic principles of Marxism with China’s specific realities and with the best of traditional Chinese culture is the fundamental way for our Party to correctly answer the major questions posed by the times and practice, and to always maintain the vibrant vitality and exuberant energy of Marxism. Xi Jinping Thought on the Rule of Law is based on the strategic overall situation of the development of socialism with Chinese characteristics in the New Era. It consciously applies the basic principles of the Marxist theory on the rule of law, adheres to the basic principles of scientific socialism, takes root in the excellent traditional Chinese legal culture, draws on the beneficial achievements of human legal civilization, deeply investigates the internal contradictory movements in the development of the rule of law in contemporary China, scientifically reveals the basic laws governing the development of the rule of law under socialism with Chinese characteristics, and has achieved major breakthroughs, major innovations, and major developments in theory. Xi Jinping Thought on the Rule of Law is both continuous with and advances the Party’s long-standing theory on the rule of law. It is the latest achievement in adapting the Marxist theory on the rule of law to the Chinese context, an inheritance and development of the Marxist theory on the rule of law, and has made major original and integrated contributions to the development of the Marxist theory on the rule of law, opening up a new realm for the Marxist theory on the rule of law.

始终坚持把马克思主义基本原理同中国具体实际相结合、同中华优秀传统文化相结合，是我们党正确回答时代和实践提出的重大问题，始终保持马克思主义的蓬勃生机和旺盛活力的根本途径。习近平法治思想立足新时代中国特色社会主义发展的战略全局，自觉运用马克思主义法治理论的基本原理，坚持科学社会主义基本原则，植根于中华优秀传统法律文化，借鉴人类法治文明有益成果，深入考察当代中国法治发展的内在矛盾运动，科学揭示中国特色社会主义法治发展的基本规律，在理论上有重大突破、重大创新、重大发展。习近平法治思想同我们党长期形成的法治理论既一脉相承又与时俱进，是马克思主义法治理论中国化的最新成果，是对马克思主义法治理论的继承和发展，为发展马克思主义法治理论作出了重大原创性、集成性贡献，开辟了马克思主义法治理论新境界。

Fifth, Xi Jinping Thought on the Rule of Law is a strategic guide for promoting high-quality development.

第五，习近平法治思想是推动高质量发展的战略指引。

High-quality development is the primary task in comprehensively building a modern socialist country. The rule of law, as an important cornerstone of national governance, provides fundamental, overall, and long-term guarantees for high-quality development. Its guarantee role is manifested in all aspects of economic and social development, such as the rule of law constructing a stable and orderly institutional environment for high-quality development, providing a fair and competitive market environment, escorting innovation-driven development and green transformation, and solidifying the bottom line of social livelihood and risk prevention. High-quality development is essentially a systematic and coordinated development led by the rule of law. The rule of law is both the “escort” of development and the “endogenous variable” of development. Only by incorporating economic and social development into the track of the rule of law can we ensure that the quality, efficiency, and driving force changes of development proceed steadily and far. Xi Jinping Thought on the Rule of Law provides rule-of-law solutions for the major tasks, major problems, and major challenges related to high-quality development, and provides strategic guidance in terms of the rule of law for us to foster new opportunities amidst crises and open up new horizons amidst changes.

高质量发展是全面建设社会主义现代化国家的首要任务。法治作为国家治理的重要基石，为高质量发展提供了根本性、全局性、长期性保障。其保障作用表现在经济社会发展的方方面面，如法治为高质量发展构建稳定有序的制度环境、提供公平竞争的市场环境、护航创新驱动和绿色转型、筑牢社会民生和防范风险底线等。高质量发展本质上是法治引领下的系统性、协调性发展，法治既是发展的“护航员”，也是发展的“内生变量”。只有将经济社会发展纳入法治轨道，才能确保发展的质量变革、效率变革、动力变革行稳致远。习近平法治思想为高质量发展相关的重大任务、重大问题、重大挑战提供了法治解决之道，为我们在危机中育先机、于变局中开新局提供了法治上的战略指引。

Sixth, Xi Jinping Thought on the Rule of Law is Chinese wisdom for promoting the transformation of global governance.

第六，习近平法治思想是推动全球治理变革的中国智慧。

General Secretary Xi Jinping has pointed out: “As China goes global and participates in international affairs as a responsible major country, it must be adept at employing the rule of law.” [7]7 Xi Jinping, “Speech at the Central Conference on Work Related to the Overall Law-Based Governance of the Country” (November 16, 2020), in *Xi Jinping on the Rule of Law*, Central Party Literature Press, 2021, p. 8. At present, the relationship between China and the world is undergoing profound changes, and international rule of law faces severe challenges. China advocates and practices genuine multilateralism, insists on promoting the building of a community with a shared future for mankind and a new type of international relations, and pushes the international order to develop in a more just and reasonable direction. Xi Jinping Thought on the Rule of Law insists on coordinating the advancement of domestic rule of law and foreign-related rule of law, continuously enriches and improves the theoretical system of international law for China in the New Era, actively participates in the formulation of international rules with a constructive attitude, actively safeguards the common interests of the international community, promotes the cause of human progress, contributes China’s rule-of-law strength to promoting the transformation of the global governance system and promoting the building of a community with a shared future for mankind, and also provides Chinese wisdom and Chinese solutions for the development of world rule-of-law civilization.

习近平总书记指出：“中国走向世界，以负责任大国参与国际事务，必须善于运用法治。”当前，中国与世界的关系正在发生深刻变化，国际法治面临严峻挑战。中国倡导和践行真正的多边主义，坚持推动构建人类命运共同体、建设新型国际关系，推动国际秩序向更加公正合理方向发展。习近平法治思想坚持统筹推进国内法治和涉外法治，不断丰富和完善新时代中国国际法理论体系，以建设性态度积极参与国际规则制定，积极维护国际社会共同利益，促进人类进步事业，为推动全球治理体系变革、推动构建人类命运共同体贡献了中国法治力量，也为世界法治文明发展提供了中国智慧和中国方案。

(The author is Vice President and Researcher of the Gansu Provincial Academy of Social Sciences)

（作者系甘肃省社会科学院副院长、研究员）

Online editor: Tongxin

网络编辑：同心