马克思主义研究网Marxism Research Network

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A Profound Understanding of the Innovative Development of Xi Jinping Thought on the Rule of Law in Practice

张文显:深刻认识习近平法治思想在实践中的创新发展

· · Research Highlights · People's Daily, 14 July 2025, p. 9 · 14 min read

Xi Jinping Thought on the Rule of Law is a scientific theory, a theory of the people, and also a practical theory, an open theory that continuously develops. Since the 2020 Central Conference on Work Related to Comprehensively Governing the Country by Law explicitly put forward Xi Jinping Thought on the Rule of Law, the Party Central Committee with Comrade Xi Jinping at its core has adhered to comprehensively governing the country by law, continuously advanced the construction of a rule-of-law China, used the rule of law to safeguard Chinese-path modernization, and courageously combined new practices to continuously promote theoretical innovation, enriching and developing Xi Jinping Thought on the Rule of Law, and opening up a new realm of adapting the Marxist theory on the rule of law to the Chinese context. In the past five years, the innovative development of Xi Jinping Thought on the Rule of Law is mainly reflected in its profound answers to core issues, frontier issues, and fundamental theoretical issues concerning rule-of-law construction and rule-of-law reform, contributing more original Chinese wisdom and Chinese solutions to the development of human rule-of-law civilization.

习近平法治思想是科学的理论、人民的理论,也是实践的理论、不断发展的开放的理论。2020年中央全面依法治国工作会议明确提出习近平法治思想以来,以习近平同志为核心的党中央坚持全面依法治国,不断推进法治中国建设,以法治护航中国式现代化,并勇于结合新的实践不断推进理论创新,丰富发展了习近平法治思想,开辟了马克思主义法治理论中国化新境界。近5年来,习近平法治思想的创新发展主要体现在对法治建设和法治改革的核心问题、前沿问题和基本原理问题等的深刻回答上,为人类法治文明发展贡献了更多原创性的中国智慧、中国方案。

Innovative Development of the Theory on the Purpose of the Rule of Law

创新发展法治目的理论

Why implement comprehensive rule of law in the New Era? This is the logical starting point of Xi Jinping Thought on the Rule of Law. Regarding this, General Secretary Xi Jinping has made a series of important expositions, profoundly answering this major question. General Secretary Xi Jinping pointed out: “Comprehensively advancing the rule of law is a fundamental requirement for solving a series of major issues facing the development of the Party and the country’s undertakings, unleashing and enhancing social vitality, promoting social fairness and justice, maintaining social harmony and stability, and ensuring the long-term stability and security of the Party and the country”; “Comprehensively governing the country by law is an essential requirement and important guarantee for upholding and developing socialism with Chinese characteristics”; “Comprehensively governing the country by law is a profound revolution in national governance”; “Comprehensively advancing the rule of law is a long-term and major historical task,” and so forth.

新时代为什么实行全面依法治国?这是习近平法治思想的逻辑起点。对此,习近平总书记作出一系列重要论述,深刻回答了这一重大问题。习近平总书记指出:“全面推进依法治国,是解决党和国家事业发展面临的一系列重大问题,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的根本要求”“全面依法治国是坚持和发展中国特色社会主义的本质要求和重要保障”“全面依法治国是国家治理的一场深刻革命”“全面推进依法治国是一项长期而重大的历史任务”,等等。

In the past five years, General Secretary Xi Jinping, standing at the strategic height of comprehensively advancing the construction of a strong country and the great rejuvenation of the Chinese nation through Chinese-path modernization, has further elaborated on the important status and significant role of the rule of law, pointing out: “When the rule of law thrives, the nation thrives; when the rule of law is strong, the nation is strong. Currently, our country is in a critical period of realizing the great rejuvenation of the Chinese nation, changes unseen in a century are accelerating, the tasks of reform, development, and maintaining stability are arduous and heavy, and opening up is being deeply advanced, requiring better play of the rule of law’s role in consolidating foundations, stabilizing expectations, and benefiting the long term”; “Based on the new development stage, implementing the new development philosophy, constructing a new development pattern, promoting high-quality development, meeting the people’s growing demands for democracy, the rule of law, fairness, justice, security, environment, etc., improving the quality of people’s lives, and promoting common prosperity all place new and higher demands on rule-of-law construction.” On the basis of the continuous advancement and expansion of Chinese-path modernization, General Secretary Xi Jinping put forward major propositions such as “the rule of law is an important guarantee for Chinese-path modernization,” “comprehensively building a modern socialist country on the track of the rule of law,” and “better leveraging the positive role of the rule of law in removing obstacles to reform and consolidating reform achievements,” grasping the important role of the rule of law from the perspectives of advancing Chinese-path modernization and further deepening reform comprehensively. Xi Jinping Thought on the Rule of Law, based on the present and focusing on achieving good laws and good governance in all areas of national governance, has formed a series of original theoretical achievements regarding using rule-of-law thinking and rule-of-law methods to solve deep-seated problems facing economic and social development and promoting the greater maturity and finalization of various systems, such as “strengthening the rule of law in cyberspace” and “strengthening effective supervision of capital in accordance with the law,” further deepening our Party’s understanding of the functions and roles of the rule of law.

近5年来,习近平总书记站在以中国式现代化全面推进强国建设、民族复兴伟业的战略高度,进一步深入阐释法治的重要地位和重大作用,指出:“法治兴则民族兴,法治强则国家强。当前,我国正处在实现中华民族伟大复兴的关键时期,世界百年未有之大变局加速演进,改革发展稳定任务艰巨繁重,对外开放深入推进,需要更好发挥法治固根本、稳预期、利长远的作用”“立足新发展阶段,贯彻新发展理念,构建新发展格局,推动高质量发展,满足人民群众对民主、法治、公平、正义、安全、环境等日益增长的要求,提高人民生活品质,促进共同富裕,都对法治建设提出了新的更高要求”。在中国式现代化不断推进和拓展的基础上,习近平总书记提出“法治是中国式现代化的重要保障”“在法治轨道上全面建设社会主义现代化国家”“更好发挥法治在排除改革阻力、巩固改革成果中的积极作用”等重大命题,从推进中国式现代化、进一步全面深化改革等角度把握法治的重要作用。习近平法治思想立足当前,着眼于国家治理各领域实现良法善治,就运用法治思维和法治方式解决经济社会发展面临的深层次问题,促进各方面制度更加成熟更加定型,形成一系列原创性理论成果,如“加强网络空间法治建设”“依法加强对资本的有效监管”等,进一步深化了我们党对法治功能和作用等的认识。

Innovative Development of the Theory on the Path of the Rule of Law

创新发展法治道路理论

Direction determines the future, and the path determines destiny. The issue of the direction and path of rule-of-law construction is a fundamental one. Xi Jinping Thought on the Rule of Law proposes that the path of socialist rule of law with Chinese characteristics is the concentrated embodiment of the achievements and experience of socialist rule-of-law construction and the only correct path for building a socialist country under the rule of law, emphasizes that we will unswervingly follow the path of socialist rule of law with Chinese characteristics, and clarifies that adhering to the leadership of the Party, adhering to the socialist system with Chinese characteristics, and implementing the theory of socialist rule of law with Chinese characteristics are essentially the core essence of the path of socialist rule of law with Chinese characteristics, sending a correct and clear signal to the whole society on the issue of what kind of rule-of-law path to take.

方向决定前途,道路决定命运。法治建设的方向和道路问题是一个根本性问题。习近平法治思想提出中国特色社会主义法治道路是社会主义法治建设成就和经验的集中体现,是建设社会主义法治国家的唯一正确道路,强调我们将坚定不移走中国特色社会主义法治道路,并明确坚持党的领导、坚持中国特色社会主义制度、贯彻中国特色社会主义法治理论实质上是中国特色社会主义法治道路的核心要义,在走什么样的法治道路问题上,向全社会释放正确而明确的信号。

In the past five years, General Secretary Xi Jinping has further profoundly expounded on the issues of the direction and path of rule-of-law construction and rule-of-law reform, pointing out: “The socialist rule-of-law system with Chinese characteristics that we want to build must be a rule-of-law system rooted in Chinese culture, based on China’s national conditions, and solving China’s problems, and must not be misled by erroneous Western ideological trends”; “Reforms in the rule-of-law field are highly political and policy-oriented; principles must be grasped and bottom lines must be adhered to; reform must never be turned into ‘benchmarking’ against Western rule-of-law systems or ‘pursuing’ Western rule-of-law practices”; “On major issues such as adhering to the Party’s overall leadership and ensuring the people are the masters of the country, we must have exceptionally clear minds and exceptionally firm stances.” In the report to the 20th National Congress of the CPC

近5年来,习近平总书记进一步深刻阐述法治建设和法治改革的方向道路问题,指出:“我们要建设的中国特色社会主义法治体系,必须是扎根中国文化、立足中国国情、解决中国问题的法治体系,不能被西方错误思潮所误导”“法治领域改革政治性、政策性强,必须把握原则、坚守底线,决不能把改革变成‘对标’西方法治体系、‘追捧’西方法治实践”“在坚持党的全面领导、保证人民当家作主等重大问题上做到头脑特别清晰、立场特别坚定”。在党的二十大报告中,习近平总书记指出:“坚持依法治国首先要坚持依宪治国,坚持依法执政首先要坚持依宪执政,坚持宪法确定的中国共产党领导地位不动摇,坚持宪法确定的人民民主专政的国体和人民代表大会制度的政体不动摇。”“两个首先要”和“两个不动摇”的逻辑对接,更加鲜明地表达了走中国特色社会主义法治道路的历史必然性、逻辑必然性和政治必然性。党的二十大通过的党章修正案把走中国特色社会主义法治道路写入党章,在党的根本大法层面牢牢确立了法治中国建设的根本方向。

Innovatively Developing the Theory of the Rule of Law System

创新发展法治体系理论

Building a system of socialist rule of law with Chinese characteristics and building a socialist country under the rule of law are the overall goals of comprehensively advancing law-based governance as determined by the "Decision" of the Fourth Plenary Session of the 18th Central Committee of the CPC.[1]1 The Fourth Plenary Session of the 18th Central Committee of the CPC, held in October 2014, was the first central plenum to focus exclusively on the rule of law, adopting a landmark decision on comprehensively advancing law-based governance. Since the Fourth Plenary Session of the 18th Central Committee, we have seized the overall lever of building the rule of law system, driving historic achievements in the construction of the socialist rule of law system with Chinese characteristics. The people's sense of gain, happiness, and security regarding the rule of law has been continuously strengthened. At the same time, compared with the people's growing new expectations for good laws and good governance, and compared with the new requirements for comprehensively building a modern socialist country on the track of the rule of law, there are still some shortcomings and deficiencies in the construction of our country's rule of law system.

建设中国特色社会主义法治体系,建设社会主义法治国家,是党的十八届四中全会《决定》确定的全面推进依法治国的总目标。党的十八届四中全会以来,我们抓住法治体系建设这个总抓手,推动中国特色社会主义法治体系建设取得历史性成就,人民群众的法治获得感、幸福感、安全感不断增强。同时,与人民群众对良法善治日益增长的新期待相比,与在法治轨道上全面建设社会主义现代化国家的新要求相比,我国法治体系建设还存在一些短板和不足。

Keeping pace with the times, conforming to practical development, and highlighting problem orientation, General Secretary Xi Jinping presided over the 35th collective study session of the Political Bureau of the 19th CPC Central Committee on December 6, 2021, and delivered an important speech. He summarized the historic achievements made in the construction of the socialist rule of law system with Chinese characteristics and put forward a series of new concepts, new ideas, and new strategies for building the socialist rule of law system with Chinese characteristics, emphasizing: "The socialist rule of law system with Chinese characteristics is an important component of the socialist system with Chinese characteristics. We must firmly grasp the characterization of socialism with Chinese characteristics and correctly handle the relationships between politics and the rule of law, reform and the rule of law, law-based governance and rule by virtue, and law-based governance and rule-based governance of the Party." Under the scientific guidance of Xi Jinping Thought on the Rule of Law, the report of the 20th National Congress of the CPC explicitly set the goal and task of "further improving the socialist rule of law system with Chinese characteristics." Focusing on comprehensively advancing the construction of the legal norm system, the rule of law implementation system, the rule of law supervision system, the rule of law guarantee system, and the intra-Party regulations system at a higher starting point and a higher level, the "Decision" of the Third Plenary Session of the 20th Central Committee of the CPC[2]2 The Third Plenary Session of the 20th Central Committee of the CPC, held in July 2024, focused on further deepening reform comprehensively to advance Chinese-path modernization. made arrangements for key tasks such as deepening reforms in the legislative field, deeply advancing law-based administration, improving mechanisms for fair law enforcement and judicial systems, perfecting mechanisms for advancing the construction of a law-based society, and strengthening the construction of foreign-related rule of law. The Party Central Committee with Comrade Xi Jinping at its core also proposed tasks for building the rule of law system in specific areas, such as strengthening the construction of the foreign-related rule of law system, perfecting the national security rule of law system, perfecting the military rule of law system with Chinese characteristics, and perfecting the national supervision rule of law system, further enriching and developing the scientific connotation and strategic layout of the socialist rule of law system with Chinese characteristics.

紧跟时代步伐、顺应实践发展、突出问题导向,习近平总书记2021年12月6日主持十九届中共中央政治局第三十五次集体学习并发表重要讲话,对中国特色社会主义法治体系建设取得的历史性成就作出总结,对建设中国特色社会主义法治体系提出一系列新理念新思想新战略,强调:“中国特色社会主义法治体系是中国特色社会主义制度的重要组成部分,必须牢牢把握中国特色社会主义这个定性,正确处理政治和法治、改革和法治、依法治国和以德治国、依法治国和依规治党的关系”。在习近平法治思想科学指引下,党的二十大报告明确提出“中国特色社会主义法治体系更加完善”的目标任务。着眼于在更高起点、更高水平上统筹推进法律规范体系、法治实施体系、法治监督体系、法治保障体系和党内法规体系建设,党的二十届三中全会《决定》就深化立法领域改革、深入推进依法行政、健全公正执法司法体制机制、完善推进法治社会建设机制、加强涉外法治建设等重点工作作出部署。以习近平同志为核心的党中央还提出加强涉外法治体系建设、完善国家安全法治体系、完善中国特色军事法治体系、完善国家监察法治体系等具体领域的法治体系建设任务,进一步丰富发展了中国特色社会主义法治体系的科学内涵和战略布局。

Innovatively Developing the Theory of Foreign-Related Rule of Law

创新发展涉外法治理论

Foreign-related rule of law is an original and iconic concept of Xi Jinping Thought on the Rule of Law, and the theory of foreign-related rule of law is an original theoretical contribution of Xi Jinping Thought on the Rule of Law to Marxist legal theory. Since the New Era, the Party Central Committee with Comrade Xi Jinping at its core has put forward a series of new concepts, new ideas, and new strategies, such as “building a contingent of foreign-related rule-of-law talents who are well-versed in international legal rules and adept at handling foreign-related legal affairs” and “promoting the handling of foreign-related economic and social affairs according to law, and enhancing our country’s discourse power and influence in international legal affairs.” At the Central Conference on Work Related to Comprehensively Governing the Country by Law, General Secretary Xi Jinping emphasized “adhering to the coordinated advancement of domestic rule of law and foreign-related rule of law,” “accelerating the strategic layout of foreign-related rule of law work, and coordinating the advancement of domestic governance and international governance,” and “strengthening rule-of-law thinking, using rule-of-law methods to effectively respond to challenges and prevent risks,” effectively guiding the construction of a socialist rule-of-law system to better adapt to the practical needs of our country’s economic and social development.

涉外法治是习近平法治思想的原创性概念标识性概念,涉外法治理论是习近平法治思想对马克思主义法治理论作出的原创性理论贡献。新时代以来,以习近平同志为核心的党中央提出了“建设通晓国际法律规则、善于处理涉外法律事务的涉外法治人才队伍”“推动依法处理涉外经济、社会事务,增强我国在国际法律事务中的话语权和影响力”等一系列新理念新思想新战略。在中央全面依法治国工作会议上,习近平总书记强调“坚持统筹推进国内法治和涉外法治”“要加快涉外法治工作战略布局,协调推进国内治理和国际治理”“强化法治思维,运用法治方式,有效应对挑战、防范风险”,有效指引社会主义法治建设更好适应我国经济社会发展的现实需要。

In the past five years, in the practice of coordinating the advancement of domestic rule of law and foreign-related rule of law and raising the level of rule-of-law in foreign-related work, the connotation of the concept of foreign-related rule of law has been continuously enriched, its extension continuously expanded, and the theory of foreign-related rule of law has become more systematic and complete. On November 27, 2023, when presiding over the tenth collective study session of the Political Bureau of the 20th CPC Central Committee, General Secretary Xi Jinping profoundly elaborated on the significance and practical requirements of strengthening the construction of foreign-related rule of law, pointing out: “Strengthening the construction of foreign-related rule of law is both a long-term need for comprehensively advancing the great rejuvenation of the Chinese nation through Chinese-path modernization and an urgent task for promoting high-level opening up and responding to external risks and challenges,” and “building a foreign-related rule-of-law system and capacity that meets the requirements of high-quality development and high-level opening up, so as to create favorable rule-of-law conditions and an external environment for the steady and sustained progress of Chinese-path modernization.” The “Decision” of the Third Plenary Session of the 20th Central Committee of the CPC made important deployments regarding “strengthening the construction of foreign-related rule of law,” such as “establishing a working mechanism that integrally advances foreign-related legislation, law enforcement, judiciary, law-abiding, legal services, and the cultivation of rule-of-law talents.” These important expositions and deployments, from the perspectives of integrating history and reality, connecting domestic and international aspects, and combining theory and practice, profoundly answer the major questions of what foreign-related rule of law is, why it is necessary to strengthen the construction of foreign-related rule of law, and how to strengthen the construction of foreign-related rule of law. They provide a powerful ideological weapon for coordinating the advancement of domestic governance and international governance, comprehensively utilizing legislative, law enforcement, and judicial means to carry out struggles, and better safeguarding national sovereignty, security, and development interests.

近5年来,在统筹推进国内法治和涉外法治、提高涉外工作法治化水平的实践中,涉外法治这一概念的内涵不断丰富、外延不断拓展,涉外法治理论更加系统完备。2023年11月27日,习近平总书记在主持二十届中共中央政治局第十次集体学习时深刻阐述加强涉外法治建设的重要意义和实践要求,指出:“加强涉外法治建设既是以中国式现代化全面推进强国建设、民族复兴伟业的长远所需,也是推进高水平对外开放、应对外部风险挑战的当务之急”“建设同高质量发展、高水平开放要求相适应的涉外法治体系和能力,为中国式现代化行稳致远营造有利法治条件和外部环境”。党的二十届三中全会《决定》就“加强涉外法治建设”作出“建立一体推进涉外立法、执法、司法、守法和法律服务、法治人才培养的工作机制”等重要部署。这些重要论述和重要部署,从历史和现实相贯通、国际和国内相关联、理论和实际相结合上深刻回答什么是涉外法治、为什么要加强涉外法治建设、怎样加强涉外法治建设等重大问题,为协调推进国内治理和国际治理,综合利用立法、执法、司法等手段开展斗争,更好维护国家主权、安全、发展利益提供了有力思想武器。

Innovatively Developing the Theory of Rule-of-Law Modernization

创新发展法治现代化理论

General Secretary Xi Jinping pointed out: “A modern country must be a country governed by the rule of law.” Xi Jinping Thought on the Rule of Law clarifies the goals, tasks, ideas, and measures for comprehensively governing the country by law and building a rule-of-law China, guiding the historic transformation and historic achievements in our country’s socialist rule-of-law construction, so that our country’s rule of law better meets the needs of reform and opening up and socialist modernization. In his report to the 20th National Congress of the CPC, General Secretary Xi Jinping profoundly and systematically expounded on the Chinese characteristics, essential requirements, and major principles of Chinese-path modernization, initially constructing a theoretical system of Chinese-path modernization. Chinese-path modernization is comprehensive modernization, covering multiple fields and aspects such as the economy, politics, culture, society, and ecological civilization, and is an organic unity of many modernization elements. Rule-of-law modernization is an inherent part and intrinsic requirement of Chinese-path modernization.

习近平总书记指出:“一个现代化国家必然是法治国家”。习近平法治思想明确了全面依法治国、法治中国建设的目标任务和思路举措,指引我国社会主义法治建设发生历史性变革、取得历史性成就,我国法治更好满足了改革开放和社会主义现代化建设的需要。习近平总书记在党的二十大报告中深刻系统论述了中国式现代化的中国特色、本质要求和重大原则,初步构建起中国式现代化理论体系。中国式现代化是全面的现代化,是涵盖经济、政治、文化、社会、生态文明等多领域多方面的现代化,是诸多现代化要素的有机统一。法治现代化是中国式现代化的题中应有之义和内在要求。

In the past five years, the Party Central Committee with Comrade Xi Jinping at its core, standing at the overall and strategic height of advancing Chinese-path modernization, has positioned the rule of law, laid out the rule of law, and vigorously implemented the rule of law, profoundly grasping the intrinsic relationship between the rule of law and Chinese-path modernization. It has put forward goals and tasks such as “comprehensively advancing the rule of law in all aspects of national work,” “striving to build a rule-of-law China with good laws and good governance,” and “further improving the socialist rule-of-law system with Chinese characteristics and achieving a higher level of construction of a socialist rule-of-law state,” so that socialist rule-of-law construction better reflects the Chinese characteristics, essential requirements, and major principles of Chinese-path modernization, forming a scientific theory guiding our country’s rule of law towards modernization. Our country’s rule-of-law modernization is a rule-of-law modernization led by the CPC and centered on the people, a rule-of-law modernization promoted through two-way interaction from top to bottom and bottom to top, and a rule-of-law modernization of a major country. Our country’s rule-of-law modernization is a rule-of-law modernization within the process of human modernization. It shares common features with the rule-of-law modernization of other countries in the world, such as implementing the constitution, supervising and restricting public power, respecting and safeguarding human rights, and maintaining social fairness and justice, but it also has Chinese characteristics based on its own national conditions, and is a rule-of-law modernization that continues the Chinese civilization of the rule of law.

近5年来,以习近平同志为核心的党中央站在推进中国式现代化的全局和战略高度定位法治、布局法治、厉行法治,深刻把握法治与中国式现代化的内在关系,提出“全面推进国家各方面工作法治化”“奋力建设良法善治的法治中国”“中国特色社会主义法治体系更加完善,社会主义法治国家建设达到更高水平”等目标任务,使社会主义法治建设更好体现中国式现代化的中国特色、本质要求和重大原则,形成了指引我国法治实现现代化的科学理论。我国的法治现代化,是中国共产党领导的、以人民为中心的法治现代化,是自上而下、自下而上双向互动推进的法治现代化,是大国的法治现代化。我国的法治现代化是人类现代化进程中的法治现代化,既与世界各国的法治现代化有着共同特征,如实施宪法、监督和制约公权力、尊重和保障人权、维护社会公平正义等,更有基于自己国情的中国特色,是赓续中华法治文明的法治现代化。

Innovatively Developing the Theory of Governing the Party by Rules and Regulations

创新发展依规治党理论

Adhering to governing the Party by rules and regulations is another original

坚持依规治党是习近平法治思想的又一原创性贡献。新时代以来,习近平总书记在“党内法规”概念的基础上,创造性提出“我们党要履行好执政兴国的重大历史使命、赢得具有许多新的历史特点的伟大斗争胜利、实现党和国家的长治久安,必须坚持依法治国与制度治党、依规治党统筹推进、一体建设”“坚持依规治党和以德治党相统一”,形成一系列原创性、标识性成果。党的十九大审议通过《中国共产党章程(修正案)》,将坚持依规治党写入党章,以党的根本大法的形式确立了坚持依规治党这一运用法治思维和法治方式管党治党的创新理论的指导地位。

In the past five years, General Secretary Xi

近5年来,习近平总书记站在推进党的自我革命的战略高度不断拓展依规治党的时代内涵,以党的自我革命实践引领依规治党理论创新发展,提出坚持把依规治党摆在事关党长期执政和国家长治久安的战略位置,坚持完善“两个维护”制度保障,坚持把党章作为管党治党总依据,坚持贯彻民主集中制,坚持围绕党和国家工作大局推进党内法规制度建设,坚持高质量构建党内法规体系,坚持执规必严、违规必究,坚持思想建党和制度治党同向发力,坚持依法治国和依规治党有机统一,坚持抓好“关键少数”尊规学规守规用规。这“十个坚持”把找到跳出治乱兴衰历史周期率的第二个答案和依规治党的具体实践结合起来,深化了对党的建设和党长期执政的规律性认识,为推进新时代党内法规制度建设、深化依规治党提供了根本遵循,在更深层次、更高水平上丰富发展了习近平法治思想。

Innovatively Developing the Methodology of Legal Research

创新发展法学研究方法论

To strengthen theoretical research in legal studies in the New Era, it is imperative to thoroughly study and implement Xi Jinping Thought on the Rule of Law, adhere to combining the Marxist theory of law with China's concrete realities and with the finest traditional Chinese legal culture, summarize and generalize the laws governing the practice of the rule of law under socialism with Chinese characteristics, and draw upon the beneficial achievements of human legal civilization. The formation of scientific research methods is an important condition for academic development. China's legal studies must closely center on the practice of comprehensively governing the country by law in the New Era, summarize and refine concepts, viewpoints, and theories of the rule of law under socialism with Chinese characteristics that possess subjectivity, originality, and distinctiveness, and construct an independent Chinese legal knowledge system. This must take as its fundamental guidance the worldview and methodology embodied in Xi Jinping Thought on the Rule of Law.

加强新时代法学理论研究,必须深入学习贯彻习近平法治思想,坚持把马克思主义法治理论同中国具体实际相结合、同中华优秀传统法律文化相结合,总结归纳中国特色社会主义法治实践规律,汲取人类法治文明有益成果。形成科学的研究方法是学术发展的重要条件。我国法学要紧紧围绕新时代全面依法治国实践,总结提炼中国特色社会主义法治具有主体性、原创性、标识性的概念、观点、理论,构建中国自主的法学知识体系,必须坚持以习近平法治思想所蕴含的世界观和方法论为根本遵循。

Over the past five years, the worldview and methodology embedded in Xi Jinping Thought on the Rule of Law have been continuously enriched and developed, effectively promoting the expansion of research fields in China’s legal studies, the steady improvement of research capabilities, and the greater flourishing of both basic theoretical research and applied policy research. This methodological innovative development is mainly reflected in the following aspects: first, General Secretary Xi Jinping proposed and profoundly elaborated the “Six Musts,”[4]4 The “Six Musts” (六个必须坚持) refers to six principles that must be upheld in the work of the Party and the state, as emphasized by Xi Jinping: upholding the Party’s overall leadership, upholding a people-centered development philosophy, upholding reform and opening up, upholding the system of socialism with Chinese characteristics, upholding law-based governance, and upholding the system of democratic centralism. providing a scientific method for China’s legal research to understand and grasp the laws of the CPC’s law-based governance, the laws of socialist rule-of-law construction, and the laws of the development of human societal rule-of-law civilization; second, General Secretary Xi Jinping proposed the “Two Integrations,” especially the “Second Integration,”[5]5 The “Second Integration” (第二个结合) refers to the integration of the basic tenets of Marxism with China’s fine traditional culture, as proposed by Xi Jinping, complementing the first integration of Marxism with China’s specific realities. pointing out a scientific path for China’s legal research to promote the creative transformation and innovative development of fine traditional Chinese legal culture, endowing Chinese rule-of-law civilization with new contemporary connotations; third, General Secretary Xi Jinping proposed a method for strengthening the systematic and theoretical research and interpretation of the Party’s innovative theories, guiding us to strengthen research on original concepts, judgments, categories, and theories within Xi Jinping Thought on the Rule of Law, such as “a great power under the rule of law,” “confidence in the rule of law,” “a grand coordination pattern for foreign-related legal work,” and “the contemporary Chinese view of human rights,” thereby further improving the quality of research on Xi Jinping Thought on the Rule of Law and promoting a better demonstration of its profound insight and theoretical creativity.

近5年来,习近平法治思想蕴含的世界观和方法论不断丰富发展,有效推动我国法学研究领域不断拓展、研究能力持续提高,实现基础理论研究和应用对策研究更加繁荣。这种方法论上的创新发展主要体现在:第一,习近平总书记提出并深刻阐述“六个必须坚持”,为我国法学研究认识和把握中国共产党依法执政规律、社会主义法治建设规律、人类社会法治文明发展规律提供了科学方法;第二,习近平总书记提出“两个结合”特别是“第二个结合”,为我国法学研究推动中华优秀传统法律文化创造性转化、创新性发展,赋予中华法治文明新的时代内涵指明了科学路径;第三,习近平总书记提出了加强对党的创新理论体系化学理化研究阐释的方法,指引我们加强对习近平法治思想中的“法治大国”“法治自信”“涉外法治工作大协同格局”“当代中国人权观”等原创性概念、判断、范畴、理论的研究,进一步提高习近平法治思想研究质量,推动更好展现习近平法治思想的深刻洞察力和理论创造力。

At present, changes unseen in a century are accelerating across the world, and international competition is increasingly reflected in competition over institutions, rules, and laws, with the rule of law becoming an important component of national core competitiveness. More than ever before, we need to adhere to the guidance of Xi Jinping Thought on the Rule of Law to advance law-based governance in all respects. On the new journey of the New Era, we must keep up with the innovative development of Xi Jinping Thought on the Rule of Law by studying it in a timely manner, integrating it with practice, and achieving a thorough and systematic understanding, continuously enhancing action consciousness through confidence in the theory, ensuring that in comprehensively implementing Xi Jinping Thought on the Rule of Law we build a higher-level rule-of-law China, and better serve the advancement of Chinese-path modernization.

当前,世界百年未有之大变局加速演进,国际竞争越来越体现为制度、规则、法律之争,法治成为国家核心竞争力的重要内容。我们比以往任何时候都更加需要坚持以习近平法治思想为指导推进全面依法治国。新时代新征程,必须对习近平法治思想的创新发展做到及时跟进学、联系实际学、融会贯通学,不断以理论自信增强行动自觉,确保在全面贯彻落实习近平法治思想中建设更高水平的法治中国,更好服务推进中国式现代化。

(The author is a senior professor of philosophy and social sciences at Jilin University)

(作者为吉林大学哲学社会科学资深教授)

Online editor: Tongxin

网络编辑:同心

Notes

  1. The Fourth Plenary Session of the 18th Central Committee of the CPC, held in October 2014, was the first central plenum to focus exclusively on the rule of law, adopting a landmark decision on comprehensively advancing law-based governance. ↩
  2. The Third Plenary Session of the 20th Central Committee of the CPC, held in July 2024, focused on further deepening reform comprehensively to advance Chinese-path modernization. ↩
  3. "Xi Jinping Thought on the Rule of Law" (习近平法治思想) is a component of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, formally established at the Central Conference on Work Related to the Rule of Law in November 2020, focusing on the theory and practice of law-based governance in China.
  4. The “Six Musts” (六个必须坚持) refers to six principles that must be upheld in the work of the Party and the state, as emphasized by Xi Jinping: upholding the Party’s overall leadership, upholding a people-centered development philosophy, upholding reform and opening up, upholding the system of socialism with Chinese characteristics, upholding law-based governance, and upholding the system of democratic centralism. ↩
  5. The “Second Integration” (第二个结合) refers to the integration of the basic tenets of Marxism with China’s fine traditional culture, as proposed by Xi Jinping, complementing the first integration of Marxism with China’s specific realities. ↩