Grasping the Original Contributions of Xi Jinping Thought on the Rule of Law from the Perspective of the Five-Sphere Integrated Plan
姜泽廷、马怀德:从“五位一体”总体布局把握习近平法治思想的原创性贡献
The Communist Party of China has always attached importance to the construction of the rule of law, continuously advancing theoretical innovation in the rule of law on the basis of practice. In November 2020, the Party Central Committee convened the first Central Conference on the Comprehensive Rule of Law, which for the first time proposed and systematically expounded Xi Jinping Thought on the Rule of Law, explicitly designating it as the guiding ideology for comprehensively governing the country by law, marking a significant milestone. Xi Jinping Thought on the Rule of Law adheres to combining the Marxist theory of the rule of law with China’s specific realities and with the excellent traditional Chinese legal culture. On the deep cultural foundation of Chinese legal civilization, it comprehensively, systematically, profoundly, and dialectically grasps the political direction, important status, work layout, key tasks, major relationships, and important guarantees of comprehensively governing the country by law. It scientifically answers a series of major questions such as why and how to comprehensively govern the country by law in the New Era, forming a scientific ideological system that is pioneering, practical, truthful, and forward-looking. It enriches and expands the theoretical achievements of the theoretical system of socialism with Chinese characteristics in the field of the rule of law, making important original contributions.
中国共产党历来重视法治建设,不断推进实践基础上的法治理论创新。2020年11月,党中央首次召开中央全面依法治国工作会议,首次提出并系统阐述了习近平法治思想,将习近平法治思想明确为全面依法治国的指导思想,具有重要的里程碑意义。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,在中华法治文明的深厚文化根基之上全面地、系统地、深刻地、辩证地把握全面依法治国的政治方向、重要地位、工作布局、重点任务、重大关系、重要保障,科学回答了新时代为什么实行全面依法治国、怎样实行全面依法治国等一系列重大问题,形成了一个富有开创性、实践性、真理性、前瞻性的科学思想体系,丰富拓展了中国特色社会主义理论体系在法治领域的理论成果,具有重要的原创性贡献。
To deeply grasp this original contribution, an important perspective is to comprehend and appreciate it from two aspects: theoretical characteristics and practical effects. On the basis of scientifically summarizing the practical laws of socialist rule of law with Chinese characteristics and fully absorbing the beneficial achievements of human legal civilization, Xi Jinping Thought on the Rule of Law is rooted in the fertile soil of socialist rule of law practice with Chinese characteristics. It focuses on solving practical problems in the construction of a rule-of-law China, forming distinct Chinese characteristics, practical characteristics, and characteristics of the times. It has produced original theoretical and practical achievements in various fields such as economic construction, political construction, cultural construction, social construction, and ecological civilization construction. It has elevated the Party’s understanding of the laws of socialist rule of law construction and the development of human legal civilization to a new historical height. It will continue to innovate and develop in guiding the coordinated advancement of the Five-Sphere Integrated Plan, demonstrating the power of truth and the force of practice.
深刻把握这一原创性贡献,一个重要角度就是从理论特征和实践效果两个方面体悟领会。在科学总结中国特色社会主义法治实践规律、充分汲取人类法治文明有益成果的基础上,习近平法治思想根植于中国特色社会主义法治实践沃土,聚焦解决法治中国建设的实际问题,形成了鲜明的中国特色、实践特色、时代特色,并在经济建设、政治建设、文化建设、社会建设、生态文明建设等各领域都产生了原创性的理论和实践成果,把我们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推升到新的历史高度,并将继续在指导统筹推进“五位一体”总体布局中不断创新发展,彰显真理力量、展现实践伟力。
Possessing distinct Chinese characteristics, practical characteristics, and characteristics of the times
具有鲜明的中国特色、实践特色、时代特色
The Marxist theory of the rule of law insists on applying dialectical materialism and historical materialism, profoundly revealing the essential characteristics, development laws, value functions, and basic relationships of law. It is an important component of Marxism and a powerful ideological weapon for continuously advancing the construction of socialist rule of law. Xi Jinping Thought on the Rule of Law is both in the same lineage as the Marxist theory of the rule of law that our Party has long upheld and developed, and advances with the times. It focuses on solving the theoretical and practical problems faced by comprehensively governing the country by law in the process of Chinese-path modernization. In continuously answering the questions of China, the world, the people, and the times, it has formed distinct Chinese characteristics, practical characteristics, and characteristics of the times.
马克思主义法治理论坚持运用辩证唯物主义和历史唯物主义,深刻揭示法的本质特征、发展规律、价值功能、基本关系等重要问题,是马克思主义的重要组成部分,是我们不断推进社会主义法治建设的强大思想武器。习近平法治思想既与我们党长期以来坚持和发展的马克思主义法治理论一脉相承,又与时俱进,着眼于解决中国式现代化进程中全面依法治国面临的理论和实践问题,在不断回答中国之问、世界之问、人民之问、时代之问中形成了鲜明的中国特色、实践特色、时代特色。
Rooted in the excellent traditional Chinese legal culture, it makes the Marxist theory of the rule of law more systematically adapted to the Chinese context. Culture is the soul of a nation, providing a continuous source of spiritual motivation for its sustainable development. A nation that abandons or betrays its own history and culture cannot develop and may even stage one historical tragedy after another. For a theory to penetrate people’s hearts, be grasped by the masses, and be transformed into a material force for changing the world, becoming “the product of its own times and its own people,” it must consolidate its cultural foundation, take root in the country’s cultural soil, and form theoretical innovation achievements with a national form. Xi Jinping Thought on the Rule of Law nurtures confidence in the rule of law with firm historical confidence and cultural confidence. It excavates and inherits the essence of Chinese legal culture, absorbs its nutrients, and selects what is good for use, promoting the creative transformation and innovative development of the excellent traditional Chinese legal culture. It has produced theoretical innovation achievements such as “adhering to the combination of governing the country by law and by virtue” and “adhering to the rule of law for the people, relying on the people, benefiting the people, and protecting the people.” This not only injects new contemporary connotations into the excellent traditional Chinese legal culture, such as co-governance by virtue and law, people-centeredness, and clarifying virtue and prudently applying punishment, continuing the Chinese legal civilization, but also resolves the “ancient-modern, Chinese-Western debate” in the field of rule of law construction. It successfully roots the Marxist theory of the rule of law firmly in the cultural soil of Chinese legal civilization, promoting the Marxist theory of the rule of law to better grasp the masses and the masses to better apply the Marxist theory of the rule of law. It also enables the excellent traditional Chinese legal culture to radiate new vitality in the process of adapting to and integrating with the practice of socialist rule of law with Chinese characteristics.
立足中华优秀传统法律文化,让马克思主义法治理论更加系统地中国化。文化是一个民族的魂魄,为一个民族永续发展提供源源不断的精神动力。一个抛弃或者背叛自己历史文化的民族,不仅不可能发展起来,而且很可能上演一幕幕历史悲剧。理论要深入人心、为群众所掌握,并转化为改造世界的物质力量,成为“自己的时代、自己的人民的产物”,必须夯实文化根基、植根于本国文化沃土,形成具有民族形式的理论创新成果。习近平法治思想以坚定的历史自信、文化自信涵养法治自信,挖掘和传承中华法律文化精华,汲取营养、择善而用,推动中华优秀传统法律文化创造性转化、创新性发展,产生了“坚持依法治国和以德治国相结合”“坚持法治为了人民、依靠人民、造福人民、保护人民”等理论创新成果。这不仅为德法共治、以民为本、明德慎罚等中华优秀传统法律文化注入新的时代内涵,赓续中华法治文明,而且破解了法治建设领域的“古今中西之争”,成功把马克思主义法治理论牢牢扎根在中华法治文明的文化沃土之中,推动马克思主义法治理论更好掌握群众、群众更好运用马克思主义法治理论,也使中华优秀传统法律文化在与中国特色社会主义法治实践相适应、相融合的过程中焕发新的蓬勃生机。
Rooted in the specific realities of China’s rule of law construction, it extracts Chinese theories from Chinese practice and Chinese experience. General Secretary Xi Jinping points out: “There is no single institutional template in the world, nor a development model that is universally applicable.” Every country has its own national conditions, and every country’s rule of law has its own characteristics, determined by its historical heritage, cultural traditions, and level of economic and social development, and by its people. Starting from this understanding of the laws of the development of human legal civilization, Xi Jinping Thought on the Rule of Law clarifies that China’s national governance system, including the rule of law system
立足中国法治建设具体实际,从中国实践和中国经验中提炼中国理论。习近平总书记指出:“世界没有定于一尊的制度样板,没有放之四海而皆准的发展模式。”每个国家都有自己的国情,每个国家的法治也有自己的特色,这是由这个国家的历史传承、文化传统、经济社会发展水平决定的,是由这个国家的人民决定的。习近平法治思想从对人类法治文明发展的这一规律性认识出发,明确包括法治体系在内的我国国家治理体系是在我国历史传承、文化传统、经济社会发展的基础上长期发展、渐进改进、内生性演化的结果,必须立足我国国情,从实际出发,坚持走中国特色社会主义法治道路。在中国这样一个有着几千年封建社会历史、近代成为半殖民地半封建社会的超大规模的发展中国家建设社会主义法治,我们面临着许多独特的问题。习近平法治思想扎根中国文化、立足中国国情、解决中国问题,既以理论创新指引成功实践,又及时把实践经验提升为创新理论,提出了“坚持全面依法治国”“建设中国特色社会主义法治体系”“在法治轨道上推进国家治理体系和治理能力现代化”“赋予中华法治文明新的时代内涵”等一系列原创性和标识性概念、范畴、命题,以中国理论解决中国问题,破除了对西方法治理论、西方法治模式、西方法治话语的迷信,实现了马克思主义法治理论在政理、学理、法理上的重大创新,为人类法治文明发展作出中国贡献。
Rooted in the New Era of socialism with Chinese characteristics, we must continuously make new theoretical creations in response to the demands of the times. At present, world multipolarity, economic globalization, cultural diversity, and social informatization are developing in depth, and changes in the world, the times, and history are unfolding in ways unseen before. How should we promote reform of the global governance system to better safeguard international fairness and justice? How should we respond to the common challenges posed to human society by the development of new technologies such as big data, the internet, and artificial intelligence, using rules and institutions to ensure that technological development always aligns with the fundamental interests and value standards of humanity? These epochal issues all require us to provide new rule-of-law solutions. Since the 18th National Congress of the CPC, socialism with Chinese characteristics has entered a New Era, and the principal contradiction in our society has transformed into the contradiction between the people's ever-growing needs for a better life and unbalanced and inadequate development. The people's demands in areas such as democracy, the rule of law, fairness, justice, security, and the environment are increasing day by day. How to rely on the rule of law to resolve deep-seated problems facing economic and social development? How to rely on institutional strength to respond to various predictable and unpredictable risks and challenges in the process of Chinese-path modernization? China's rule-of-law construction also faces new situations and new tasks. These problems were neither encountered nor conceived of by the classical writers of Marxism. Xi Jinping Thought on the Rule of Law profoundly discerns the trends of the times, firmly grasps the pulse of the era, is rooted in the New Era of socialism with Chinese characteristics, responds to the direction of the times and the needs of the people, and promotes the advancement of Marxist rule-of-law theory with the times. It has formed a series of new concepts, new ideas, and new strategies, such as "coordinating the advancement of domestic rule of law and foreign-related rule of law," "promoting law-based governance of networks, law-based operation of networks, and law-based use of networks," and "advancing reform and the rule of law simultaneously." In many aspects, including rule-of-law ontology, rule-of-law axiology, rule-of-law practice theory, and rule-of-law methodology, it has made original theoretical contributions that meet the requirements of the times and embody the characteristics of the era. It is the Marxist rule-of-law theory of contemporary China and the Marxist rule-of-law theory of the 21st century.
立足中国特色社会主义新时代,顺应时代要求不断作出新的理论创造。当前,世界多极化、经济全球化、文化多样化、社会信息化深入发展,世界之变、时代之变、历史之变正以前所未有的方式展开。如何推动全球治理体系改革,以更好维护国际公平正义?如何应对大数据、互联网、人工智能等新技术发展给人类社会带来的共同挑战,以规则和制度确保技术发展始终符合人类的根本利益和价值标准?这些时代问题都需要我们给出新的法治化解决方案。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,人民群众在民主、法治、公平、正义、安全、环境等方面的要求日益增长。如何依靠法治解决经济社会发展面临的深层次问题,如何依靠制度力量应对中国式现代化进程中各种可以预料和难以预料的风险挑战,我国法治建设也面临着新形势新任务。这些问题马克思主义经典作家不曾遇到,也不曾想到。习近平法治思想深刻洞悉时代潮流、牢牢把握时代脉搏,立足中国特色社会主义新时代,顺应时代所向、人民所需,推动马克思主义法治理论与时俱进,形成了“统筹推进国内法治和涉外法治”“推动依法管网、依法办网、依法上网”“改革和法治同步推进”等一系列新理念新思想新战略,在法治本体论、法治价值论、法治实践论、法治方法论等诸多方面都作出符合时代要求、体现时代特色的原创性理论贡献,是当代中国马克思主义法治理论,21世纪马克思主义法治理论。
Providing Rule-of-Law Guarantees for Economic Construction
为经济建设提供法治保障
General Secretary Xi Jinping points out: “The socialist market economy is essentially a rule-of-law economy; economic disorder often stems from laws not being followed or violations not being prosecuted, so we must adhere to rule-of-law thinking, strengthen rule-of-law concepts, and regulate and govern the economy according to law.” Xi Jinping Thought on the Rule of Law provides a series of original institutional solutions in promoting the resolution of problems such as unbalanced and inadequate economic development.
习近平总书记指出:“社会主义市场经济本质上是法治经济,经济秩序混乱多源于有法不依、违法不究,因此必须坚持法治思维、增强法治观念,依法调控和治理经济。”习近平法治思想在推动解决经济发展不平衡不充分等问题上提供了一系列原创性的制度化方案。
Grasping the dialectical relationship between an effective market and a competent government from the perspective of the rule of law, and consolidating the rule-of-law foundation for high-quality economic development. Economic development takes order as its prerequisite and guarantee, and the rule of law is the cornerstone of order. General Secretary Xi Jinping emphasizes: “We must properly coordinate the relationship between an effective market and a competent government, forming an economic order that is both ‘able to be let loose’ and ‘able to be controlled.’” Since the New Era, the Party Central Committee with Comrade Xi Jinping at its core has attached great importance to using rule-of-law thinking and rule-of-law methods to promote a better integration of an effective market and a competent government, implementing law-based governance in all aspects and the entire process of market operation and economic governance. On the one hand, the rule of law sets behavioral boundaries for business entities, prevents the disorderly expansion of capital, provides institutional incentives for the sustained release of economic vitality, and promotes the improvement of resource allocation efficiency; on the other hand, through statutory powers and the establishment of power lists and other rule-of-law methods, it clarifies the boundaries of government action, minimizes direct government intervention in microeconomic activities, and overcomes government function misalignment, overstepping, and absence. Under the scientific guidance of Xi Jinping Thought on the Rule of Law, on May 20, 2025, the Private Sector Promotion Law was officially implemented. This law establishes and improves relevant systems and mechanisms in areas such as fair competition, investment and financing promotion, technological innovation, standardized operations, service guarantees, and rights protection, using legal forms to make the boundaries between the market and the government clearer, injecting rule-of-law momentum into high-quality economic development, and becoming a vivid example of the original contributions of Xi Jinping Thought on the Rule of Law.
从法治角度把握有效市场与有为政府之间的辩证关系,筑牢经济高质量发展的法治基石。经济发展以秩序为前提和保障,法治则是秩序的基石。习近平总书记强调:“必须统筹好有效市场和有为政府的关系,形成既‘放得活’又‘管得住’的经济秩序。”新时代以来,以习近平同志为核心的党中央高度重视用法治思维和法治方式推动有效市场和有为政府更好结合,将全面依法治国贯彻到市场运行、经济治理的各方面全过程。一方面,以法治为经营主体划定行为边界、防止资本无序扩张,为持续释放经济活力提供制度激励,促进提高资源配置效率;另一方面,通过职权法定、建立权力清单等法治方式明确政府行为的界限,最大限度减少政府对微观经济活动的直接干预,克服政府职能错位、越位、缺位。在习近平法治思想科学指引下,2025年5月20日,民营经济促进法正式施行。该法在公平竞争、投资融资促进、科技创新、规范经营、服务保障、权益保护等方面建立完善相关制度机制,以法律形式使市场与政府的边界更加清晰,为经济高质量发展注入法治动力,成为习近平法治思想原创性贡献的一个生动例证。
Building a new type of cordial and clean government-business relationship, and creating a market-oriented, law-based, and internationalized first-class business environment. General Secretary Xi Jinping emphasizes: “Comprehensively build a unified new type of cordial and clean government-business relationship; Party members and cadres must both care for and support the development of private enterprises, proactively solve difficulties, and also uphold the bottom line of integrity.” Building a new type of government-business relationship requires that the relationship be cordial with limits and clean with action; it must both clarify the boundaries of government-business interaction, eliminating power-for-money deals and interest transfers, and also take enterprise satisfaction and sense of gain as one of the standards for measuring government performance, actively responding to legitimate needs in enterprise operations. Strengthening institutional constraints and oversight mechanisms, and continuously creating a market-oriented, law-based, and internationalized first-class business environment, are key to ensuring the new type of cordial and clean government-business relationship takes root. General Secretary Xi Jinping emphasizes: “Comprehensively advance the law-based governance of all aspects of national work.” Under the scientific guidance of Xi Jinping Thought on the Rule of Law, we have issued regulations on optimizing the business environment, bringing the work of optimizing the business environment onto a law-based track, so that optimizing the business environment has a rule basis and institutional foundation. Enterprises can make demands according to law, and the government implements relevant measures and serves enterprises according to law, thus laying a rule-of-law foundation and providing rule-of-law guarantees for building a new type of cordial and clean government-business relationship, also vividly embodying the important original contributions of Xi Jinping Thought on the Rule of Law in the field of economic construction.
构建亲清新型政商关系,营造市场化、法治化、国际化一流营商环境。习近平总书记强调:“全面构建亲清统一的新型政商关系,党员、干部既要关心支持民营企业发展,主动排忧解难,又要坚守廉洁底线。”构建新型政商关系要求政商关系亲而有度、清而有为,既要明确政商交往边界,杜绝权钱交易、利益输送,又要将企业的满意度、获得感作为衡量政府履职水平的标准之一,积极回应企业经营中的正当需求。强化制度约束和监督机制,持续营造市场化、法治化、国际化一流营商环境,是确保亲清政商关系落地生根的关键。习近平总书记强调:“全面推进国家各方面工作法治化。”在习近平法治思想科学指引下,我们出台优化营商环境条例,把优化营商环境工作纳入法治化轨道,使优化营商环境有了规则依据、制度依托。企业能够依法提出诉求,政府依法落实相关措施、服务好企业,这就为构建亲清新型政商关系奠定了法治基石、提供了法治保障,也生动体现了习近平法治思想在经济建设领域重要的原创性贡献。
Delineating the Rule-of-Law Track for Political Construction
为政治建设划定法治轨道
Political construction and rule-of-law construction are inseparable; incorporating political construction into the rule-of-law track is a common feature of modernization in various countries. Xi Jinping Thought on the Rule of Law has made important original contributions in ensuring the institutionalization, standardization, and proceduralization of China’s political construction.
政治建设与法治建设密不可分,政治建设被纳入法治轨道,这是各国现代化的共同特征。习近平法治思想在保障我国政治建设制度化、规范化、程序化方面作出重要原创性贡献。
Systematically elucidating fundamental issues such as the relationship between the Party and the law, and between politics and the rule of law, ensuring the correct direction of political construction. Developing socialist democracy and building a socialist country under the rule of law are two important aspects of China’s political construction. Xi Jinping Thought on the Rule of Law provides scientific guidance for both aspects. In developing socialist democracy, Xi Jinping Thought on the Rule of Law clarifies that we must adhere to the organic unity of Party leadership, the people being the masters of the country, and law-based governance, guiding us to comprehensively advance the institutionalization, standardization, and proceduralization of socialist democratic politics, and promoting the formation of original achievements such as the whole-process people’s democracy system. In building a socialist country under the rule of law, Xi Jinping Thought on the Rule of Law clarifies that “behind every form of rule of law there is a political theory, within every model of rule of law there is a political logic, and beneath every path of rule of law there is a political stance,” emphasizing that “Party leadership is the soul of socialist rule of law with Chinese characteristics and the biggest difference between our rule of law and that of Western capitalist countries,” guiding us to correctly handle the relationship between the Party and the law, and unswervingly follow the path of socialist rule of law with Chinese characteristics. Under the scientific guidance of Xi Jinping Thought on the Rule of Law, we implement Party leadership throughout the entire process of scientific legislation, strict law enforcement, impartial judiciary, and universal compliance with the law, promoting the achievement of fruitful practical results in the construction of socialist rule of law with Chinese characteristics.
系统阐明党和法的关系、政治与法治的关系等根本问题,确保政治建设方向正确。发展社会主义民主,建设社会主义法治国家,是我国政治建设的两个重要方面。习近平法治思想对这两方面工作都提供了科学指引。在发展社会主义民主方面,习近平法治思想明确必须坚持党的领导、人民当家作主、依法治国有机统一,指引我们全面推进社会主义民主政治制度化、规范化、程序化,推动形成全过程人民民主制度体系这样的原创性成果。在建设社会主义法治国家方面,习近平法治思想明确“每一种法治形态背后都有一套政治理论,每一种法治模式当中都有一种政治逻辑,每一条法治道路底下都有一种政治立场”,强调“党的领导是中国特色社会主义法治之魂,是我们的法治同西方资本主义国家的法治最大的区别”,指引我们正确处理党和法的关系,坚定不移走中国特色社会主义法治道路。在习近平法治思想科学指引下,我们把党的领导贯彻到科学立法、严格执法、公正司法、全民守法全过程,推动中国特色社会主义法治建设取得丰硕实践成果。
Adhering to institutional governance of the Party and governance of the Party according to regulations, advancing the scientific, institutionalized, and standardized construction of the Party. In contemporary China, the Communist Party of China is the highest political leadership force, occupying the core position in the national governance system, and playing the leading core role of overall leadership and coordinating all parties in various national undertakings. If the Party thrives, the country thrives; if the Party is strong, the country is strong. How to build our Party to be stronger and more powerful, and better leverage the greatest advantage of the socialist system with Chinese characteristics, is a major political issue. Xi Jinping Thought on the Rule of Law has made original contributions to solving this issue, focusing on using rule-of-law thinking and rule-of-law methods to consolidate the Party’s ruling position, improve the Party’s ruling style, and enhance the Party’s ruling capacity, emphasizing adherence to institutional governance of the Party and governance of the Party according to regulations, and taking the strengthening of the construction of intra-Party regulations and rules as a long-term and fundamental strategy for comprehensive and strict governance of the Party. Since the New Era, the Party Central Committee with Comrade Xi Jinping at its core has advanced the construction of the intra-Party regulations system in an all-round and three-dimensional manner, forming an intra-Party regulations system with the Party Constitution as the foundation, democratic centralism as the core, and Party organizational regulations, Party leadership regulations, Party self-construction regulations, and Party oversight and guarantee regulations as the framework, consolidating the institutional and normative foundation for the Party’s self-revolution, and creatively leveraging the fundamental, overall, stable, and long-term role of the rule of law in ensuring that the Party never deteriorates, never changes color, and never loses its nature.
坚持制度治党、依规治党,推进党的建设科学化、制度化、规范化。在当代中国,中国共产党是最高政治领导力量,处于国家治理体系的核心位置,在国家各项事业中发挥总揽全局、协调各方的领导核心作用。党兴则国兴,党强则国强。如何把我们党建设得更加坚强有力,更好发挥中国特色社会主义制度的最大优势,是重大政治课题。习近平法治思想对解决这一课题作出原创性贡献,注重运用法治思维和法治方式巩固党的执政地位、改善党的执政方式、提高党的执政能力,强调坚持制度治党、依规治党,把加强党内法规制度建设作为全面从严治党的长远之策、根本之策。新时代以来,以习近平同志为核心的党中央全方位、立体式推进党内法规体系建设,形成以党章为根本,以民主集中制为核心,以党的组织法规、党的领导法规、党的自身建设法规、党的监督保障法规为框架的党内法规体系,夯实了党的自我革命的制度规范基础,创造性地发挥了法治对于确保党永远不变质、不变色、不变味的根本性、全局性、稳定性、长期性作用。
Condensing the Spirit and Gathering Momentum for Cultural Construction
为文化建设凝魂聚气
Xi Jinping Thought on the Rule of Law is rich in content, profound in exposition, rigorous in logic, and complete in system. It not only forms a series of original and iconic achievements at the level of rule-of-law practice, such as the rule-of-law path and rule-of-law system, but also makes major original contributions in the area of cultural construction, centering on building a socialist rule-of-law culture and promoting the socialist rule-of-law spirit, contributing rule-of-law strength to building a socialist cultural power.
习近平法治思想内涵丰富、论述深刻、逻辑严密、系统完备,不仅在法治道路、法治体系等法治实践层面形成一系列原创性、标识性成果,而且在文化建设方面围绕建设社会主义法治文化、弘扬社会主义法治精神等作出重大原创性贡献,为建设社会主义文化强国贡献了法治力量。
Inheriting China’s excellent traditional legal culture, and elevating the subjectivity of Chinese culture in the construction of a rule-of-law country. The Chinese nation has a profound foundation of over 5,000 years of splendid civilization history; China’s excellent traditional culture continues the spiritual bloodline of the Chinese nation across generations, and China’s excellent traditional legal culture is an important component thereof. General Secretary Xi Jinping points out: “The Chinese legal system has a long history; China’s excellent traditional legal culture contains rich rule-of-law thought and profound political wisdom, and is a treasure of Chinese culture.” Xi Jinping Thought on the Rule of Law adheres to the Two Integrations, especially the Second Integration [3]3 The Second Integration refers to the integration of the basic principles of Marxism with China’s excellent traditional culture, as distinct from the first integration with China’s specific realities., fully absorbing the essence of Chinese legal culture, producing many practical achievements that both condense historical wisdom and embody the requirements of Chinese-path modernization. For example, the New Era “Fengqiao Experience” [4]4 The Fengqiao Experience is a grassroots governance model originating in Fengqiao, Zhejiang Province, emphasizing the resolution of conflicts at the local level through mediation and mass participation; it was promoted nationwide in the New Era. inherits the value pursuit of a world without litigation and harmony as precious in Chinese rule-of-law civilization; building a socialist rule-of-law culture, establishing the rule-of-law concepts of the supremacy of the constitution and law, and equality before the law, embodies the value proposition of no hierarchy in punishment and no bending of the law for the powerful in Chinese rule-of-law civilization; and so on. Xi Jinping Thought on the Rule of Law guides us to continuously consolidate the cultural foundation of the path of socialist rule of law with Chinese characteristics, guides us to strengthen cultural confidence and enhance rule-of-law confidence, and to uphold the stance of Chinese culture and elevate the subjectivity of Chinese culture in building a socialist country under the rule of law.
传承中华优秀传统法律文化,在法治国家建设中高扬中华文化主体性。中华民族有着5000多年悠久文明历史的深厚底蕴,中华优秀传统文化世代延续着中华民族的精神血脉,中华优秀传统法律文化是其重要组成部分。习近平总书记指出:“中华法系源远流长,中华优秀传统法律文化蕴含丰富法治思想和深邃政治智慧,是中华文化的瑰宝。”习近平法治思想坚持“两个结合”特别是“第二个结合”,充分汲取中华法律文化精华,产生了许多既凝聚历史智慧又体现中国式现代化要求的实践成果。比如,新时代“枫桥经验”传承了中华法治文明天下无讼、以和为贵的价值追求;建设社会主义法治文化,树立宪法法律至上、法律面前人人平等的法治理念,体现了中华法治文明刑无等级、法不阿贵的价值主张;等等。习近平法治思想指引我们不断夯实中国特色社会主义法治道路的文化根基,指引我们坚定文化自信、增强法治自信,在建设社会主义法治国家中坚守中华文化立场、高扬中华文化主体性。
Fully integrate core socialist values into the construction of the rule of law, and create a cultural environment where the whole society speaks of the rule of law and abides by it. A country’s cultural soft power fundamentally depends on the vitality, cohesion, and appeal of its core values. Cultivating and promoting core values, and effectively integrating social consciousness, is an important pathway for the normal functioning of the social system and the effective maintenance of social order, and is also a crucial aspect of the national governance system and governance capacity. Since the New Era, the Party Central Committee with Comrade Xi Jinping at its core has taken the cultivation and practice of core socialist values as a foundational project to consolidate the soul, gather energy, strengthen the foundation, and solidify the roots, thereby condensing the value consensus of contemporary China. Xi Jinping Thought on the Rule of Law inherits the Chinese legal civilization tradition of combining virtue and law, insists on combining law-based governance and rule-of-virtue governance, and clearly stipulates that in advancing law-based governance, core socialist values must be vigorously promoted, and their guiding, evaluating, and correcting role for the construction of the rule of law must be better exerted. Under the scientific guidance of Xi Jinping Thought on the Rule of Law, the General Office of the Central Committee of the Communist Party of China and the General Office of the State Council issued the “Guiding Opinions on Further Integrating Core Socialist Values into the Construction of the Rule of Law,” and the revised Legislation Law added the content that “legislation should advocate and promote core socialist values,” strengthening the nourishing effect of morality on the rule of law, thereby contributing Chinese wisdom and Chinese solutions to the development of human legal civilization.
把社会主义核心价值观全面融入法治建设,营造全社会都讲法治、守法治的文化环境。一个国家的文化软实力,从根本上说,取决于其核心价值观的生命力、凝聚力、感召力。培育和弘扬核心价值观,有效整合社会意识,是社会系统得以正常运转、社会秩序得以有效维护的重要途径,也是国家治理体系和治理能力的重要方面。新时代以来,以习近平同志为核心的党中央把培育和践行社会主义核心价值观作为凝魂聚气、强基固本的基础工程,凝聚了当代中国的价值公约数。习近平法治思想传承中华法治文明德法共治传统,坚持依法治国和以德治国相结合,明确在推进依法治国过程中必须大力弘扬社会主义核心价值观,更好发挥社会主义核心价值观对于法治建设的指引、评价和校正作用。在习近平法治思想科学指引下,中共中央办公厅、国务院办公厅印发《关于进一步把社会主义核心价值观融入法治建设的指导意见》,修订后的立法法增加“立法应当倡导和弘扬社会主义核心价值观”的内容,强化道德对法治的滋养作用,为人类法治文明发展贡献了中国智慧、中国方案。
Empowering and enhancing social construction
为社会建设赋能增效
The rule of law plays an important role in guaranteeing and promoting social construction. The rule of law is not only a value requirement at the social level but also an important governance means for achieving social harmony and stability and ensuring the people’s peaceful and prosperous life. Whether it is promptly resolving the people’s urgent, difficult, and anxious problems and continuously improving people’s well-being, or resolving social contradictions and ensuring that society is both full of vitality and harmonious and orderly, Xi Jinping Thought on the Rule of Law effectively guides socialist rule of law to better empower and enhance social construction.
法治对于社会建设具有重要的保障和促进作用。法治既是社会层面的一种价值要求,也是实现社会和谐稳定、人民安居乐业的重要治理手段。无论是及时解决人民群众的急难愁盼问题、不断增进民生福祉,还是化解社会矛盾、确保社会既充满活力又和谐有序,习近平法治思想都有效指引社会主义法治更好为社会建设赋能增效。
Guarantee people’s well-being through the rule of law, and provide the people with high-quality and efficient public services. General Secretary Xi Jinping pointed out: “We must focus on making up for shortcomings in people’s well-being, solving difficulties in people’s well-being, securing the bottom line of people’s well-being, and doing practical work in employment, education, social security, medical care, elderly care, childcare, housing, and other areas of people’s well-being, improving the accessibility and equalization level of public services.” Guaranteeing people’s well-being is an important issue in social construction. Since the New Era, the Party Central Committee with Comrade Xi Jinping at its core has comprehensively advanced the legalization of all aspects of national work, promoting the effective resolution on the track of the rule of law of people’s livelihood issues that are widely concerned, strongly reflected, and repeatedly occurring. For example, it has promoted the improvement and implementation of social security laws and regulations, improved the institutional system for guaranteeing and improving people’s well-being, built the foundation of the rule of law, exercised the power of the rule of law, and accumulated the momentum of the rule of law, raising the level of guarantees in education, employment, medical care, and other areas. Another example is transforming the mode of urban development and construction, establishing a sustainable urban renewal model and policies and regulations, promoting the renovation and improvement of old urban residential areas according to law, and enhancing the people’s sense of gain, happiness, and security. Another example is insisting on unifying reform and the rule of law, better leveraging the positive role of the rule of law in removing reform obstacles and consolidating reform achievements, accelerating institutional innovation in the field of people’s well-being, and strengthening the legal guarantee for promoting public resources to extend to the grassroots, cover rural areas, and tilt toward disadvantaged groups. In guaranteeing people’s well-being through the rule of law, Xi Jinping Thought on the Rule of Law has guided us to achieve rich practical results.
以法治保障民生,为人民群众提供优质高效的公共服务。习近平总书记指出:“要着力补齐民生短板,破解民生难题,兜牢民生底线,办好就业、教育、社保、医疗、养老、托幼、住房等民生实事,提高公共服务可及性和均等化水平。”保障民生是社会建设的重要议题。新时代以来,以习近平同志为核心的党中央全面推进国家各方面工作法治化,推动在法治轨道上有效解决人民群众普遍关注、反映强烈、反复出现的民生问题。比如,推动完善并落实社会保障法律法规,健全保障和改善民生制度体系,筑法治之基、行法治之力、积法治之势,提高教育、就业、医疗等方面的保障水平。又如,转变城市开发建设方式,建立可持续的城市更新模式和政策法规,依法推进城镇老旧小区整治改造,提升老百姓的获得感、幸福感、安全感。再如,坚持改革和法治相统一,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,加快推进民生领域体制机制创新,增强促进公共资源向基层延伸、向农村覆盖、向困难群众倾斜的法治保障。在以法治保障民生方面,习近平法治思想指引我们取得丰富的实践成果。
Strengthen the empowerment of the rule of law, and continuously reinforce the legal support for the modernization of social governance. Social governance is an important component of national governance. Contemporary China is undergoing the most extensive and profound social changes in its history, and is also carrying out the most grand and unique practical innovation in human history. This provides valuable opportunities for advancing the modernization of social governance, but also brings complex challenges. It is necessary to continuously improve the level of modernization of social governance and enhance the effectiveness of social governance. The rule of law is an important symbol and also an important support for the modernization of social governance. Xi Jinping Thought on the Rule of Law focuses on using the yardstick of law to measure, regulate, and guide social life, emphasizes that law-based governance is the most reliable and stable governance, and creatively proposes advancing multi-level and multi-field law-based governance, pointing out the direction and providing fundamental guidance for improving the level of law-based social governance and advancing the modernization of social governance. Since the New Era, under the scientific guidance of Xi Jinping Thought on the Rule of Law, the guaranteeing role of the rule of law in consolidating the foundation, stabilizing expectations, and benefiting the long term has been better exerted in the field of social governance. Relying on the rule of law, we have successfully responded to various risks and challenges brought about by changes in the domestic and international situation, and while effectively stimulating social vitality, we have continued the miracle of long-term social stability. The truth power and practical power of Xi Jinping Thought on the Rule of Law, and the original contributions of Xi Jinping Thought on the Rule of Law, are fully demonstrated in the practice of modernizing social governance.
加强法治赋能,不断强化社会治理现代化的法治支撑。社会治理是国家治理的重要组成部分。当代中国正经历着我国历史上最为广泛而深刻的社会变革,也正在进行着人类历史上最为宏大而独特的实践创新。这为推进社会治理现代化提供了宝贵机遇,也带来了复杂挑战。必须不断提升社会治理现代化水平,提高社会治理效能。法治是社会治理现代化的重要标志,也是重要支撑。习近平法治思想注重用法律的准绳衡量、规范、引导社会生活,强调依法治理是最可靠、最稳定的治理,创造性提出推进多层次多领域依法治理,为提升社会治理法治化水平、推进社会治理现代化指明了前进方向、提供了根本遵循。新时代以来,在习近平法治思想科学指引下,法治固根本、稳预期、利长远的保障作用在社会治理领域得到更好发挥,我们依靠法治成功应对国内外形势变化带来的各种风险挑战冲击,在有效激发社会活力的同时续写了社会长期稳定奇迹。习近平法治思想的真理力量和实践伟力、习近平法治思想的原创性贡献在社会治理现代化的实践中得到充分彰显。
Strengthening guarantees for ecological civilization construction
为生态文明建设强化保障
A thriving ecology leads to a thriving civilization, and a declining ecology leads to a declining civilization. Ecological civilization construction concerns the sustainable development of the Chinese nation and the realization of the “Two Centenary Goals,” [5]5 The “Two Centenary Goals” are the goals of building a moderately prosperous society in all respects by the centenary of the CPC (2021) and building a modern socialist country that is prosperous, strong, democratic, culturally advanced, and harmonious by the centenary of the People’s Republic of China (2049). and occupies an important position in the Five-Sphere Integrated Plan. Xi Jinping Thought on the Rule of Law emphasizes protecting the ecological environment with the strictest systems and the most rigorous rule of law, guiding us to continuously strengthen the implementation of systems, making systems rigid constraints and untouchable high-voltage lines, thereby making significant original contributions to ecological civilization construction.
生态兴则文明兴,生态衰则文明衰。生态文明建设事关中华民族永续发展和“两个一百年”奋斗目标的实现,在“五位一体”总体布局中具有重要地位。习近平法治思想强调用最严格制度最严密法治保护生态环境,指引我们不断强化制度执行,让制度成为刚性的约束和不可触碰的高压线,为生态文明建设作出重大原创性贡献。
Comprehensively strengthen the legal guarantee for the ecological environment, and enhance the modernization level of the ecological environment governance system and governance capacity. The environment is people’s well-being, green mountains are beauty, and blue skies are happiness. The rule of law is the foundation and strength for protecting lucid waters and lush mountains. Since the New Era, under the scientific guidance of Xi Jinping Thought on the Rule of Law, the systematic, holistic, and synergistic nature of China’s ecological environment rule-of-law construction has been continuously strengthened, and the protection of lucid waters and lush mountains by the rule of law has become more comprehensive, deeper, and more efficient. The 2018 amendment to the Constitution incorporated ecological civilization construction into the Constitution, providing a constitutional basis for ecological civilization construction with the highest legal effect. The “Decision” of the Third Plenary Session of the 20th Central Committee of the CPC [6]6 The Third Plenary Session of the 20th Central Committee of the CPC was held in July 2024 and focused on further deepening reform comprehensively to advance Chinese modernization. made strategic deployments for deepening the reform of the ecological civilization system, clearly proposing to “compile an ecological environment code,” [7]7 An “ecological environment code” is a comprehensive codification of laws and regulations related to ecological protection and environmental governance, intended to systematize and unify the legal framework. to systematically integrate, compile, revise, and synthesize the existing ecological environment legal system and norms. This major deployment for rule-of-law construction will surely promote the further improvement of the basic system of ecological civilization. In addition, multiple intra-Party regulations, such as the “Measures for the Accountability of Party and Government Leading Cadres for Ecological and Environmental Damage (Trial)” and the “Provisions on the Audit of Leading Cadres’ Natural Resource Assets Departure (Trial),” have been issued, gradually forming a pattern in ecological civilization construction where national laws and intra-Party regulations complement, promote, and guarantee each other. The sky is bluer, the mountains are greener, and the water is clearer—these changes visible to the people have become powerful proof of the practical achievements and original contributions of Xi Jinping Thought on the Rule of Law.
全面强化生态环境法治保障,提升生态环境治理体系和治理能力现代化水平。环境就是民生,青山就是美丽,蓝天也是幸福。法治是守护绿水青山的根基和力量。新时代以来,在习近平法治思想科学指引下,我国生态环境法治建设的系统性、整体性、协同性不断增强,法治对绿水青山的守护更加全面、更加深入、更加高效。2018年的宪法修正案把生态文明建设写入宪法,为生态文明建设提供了宪法依据,具有最高法律效力。党的二十届三中全会《决定》对深化生态文明体制改革作出战略部署,明确提出“编纂生态环境法典”,对现行生态环境法律制度规范进行系统整合、编订纂修、集成升华。这一重大法治建设部署必将有力推动生态文明基础体制更加完善。此外,《党政领导干部生态环境损害责任追究办法(试行)》《领导干部自然资源资产离任审计规定(试行)》等多部党内法规出台,在生态文明建设中逐步形成国家法律和党内法规相辅相成、相互促进、相互保障的格局。天更蓝、山更绿、水更清,这些人民群众切身可见的变化,成为对习近平法治思想实践成果和原创性贡献的有力证明。
Through the publicity and education of the rule of law, enhance the whole people’s awareness of conservation, environmental protection, and ecology, and promote the formation of a green development mode and lifestyle. Chinese-path modernization is the modernization of harmony between humanity and nature. The foundation of ecological civilization construction lies in the people, and its strength lies in the people. Everyone is a protector, builder, and beneficiary of the ecological environment. It is necessary to deeply implant the awareness of conservation, environmental protection, and ecology in people’s minds, and transform the construction of a beautiful China into the conscious action of all the people. Xi Jinping Thought on the Rule of Law insists on making universal legal education and law-abiding a long-term basic task of law-based governance, focusing on enhancing the whole people’s concept of the rule of law, proposing the implementation of a legal publicity responsibility system for state organs where “those who enforce the law shall publicize the law,” [8]8 The “who enforces the law shall publicize the law” responsibility system requires government agencies to incorporate legal education into their enforcement activities, making them responsible for promoting public understanding of the laws they administer. guiding us to deeply publicize and popularize ecological environment legal knowledge in forms that are more targeted, effective, and more popular with the people. While promoting the improvement of the whole society’s concept and literacy of the rule of law, the whole society’s awareness of conservation, environmental protection, and ecology has also been significantly enhanced, creating a favorable legal atmosphere for forming a conservation-oriented, green, low-carbon, civilized, and healthy lifestyle and consumption pattern, and for forming a good social trend of universal participation, thereby consolidating the mass foundation of ecological civilization construction through legal means.
通过法治宣传教育增强全民节约意识、环保意识、生态意识,推动形成绿色发展方式和生活方式。中国式现代化是人与自然和谐共生的现代化。生态文明建设,根基在人民、力量在人民。每个人都是生态环境的保护者、建设者、受益者。必须使节约意识、环保意识、生态意识深入人心,把建设美丽中国转化为全体人民自觉行动。习近平法治思想坚持把全民普法和守法作为依法治国的长期基础性工作,着眼增强全民法治观念,提出实行国家机关“谁执法谁普法”的普法责任制,指引我们以更有针对性和实效性、人民群众更加喜闻乐见的形式深入宣传普及生态环境法律知识。在推动提升全社会法治观念和法治素养的同时,全社会的节约意识、环保意识、生态意识也显著增强,为形成节约适度、绿色低碳、文明健康的生活方式和消费模式,形成全社会共同参与的良好风尚营造了有利法治氛围,以法治手段夯实生态文明建设的群众基础。
(The authors are respectively the Party Secretary and President of China University of Political Science and Law)
(作者分别为中国政法大学党委书记、校长)
(This article was organized by the People’s Forum magazine and edited by the Theory Department of the People’s Daily)
(本文由人民论坛杂志社组稿,人民日报社理论部编辑)
Online editor: Tongxin
网络编辑:同心
Notes
- The "Five-Sphere Integrated Plan" (五位一体) refers to China's overall plan for promoting economic, political, cultural, social, and ecological progress.
- The 18th National Congress of the CPC was held in 2012, marking the official beginning of the New Era under Xi Jinping's leadership.
- The Second Integration refers to the integration of the basic principles of Marxism with China’s excellent traditional culture, as distinct from the first integration with China’s specific realities. ↩
- The Fengqiao Experience is a grassroots governance model originating in Fengqiao, Zhejiang Province, emphasizing the resolution of conflicts at the local level through mediation and mass participation; it was promoted nationwide in the New Era. ↩
- The “Two Centenary Goals” are the goals of building a moderately prosperous society in all respects by the centenary of the CPC (2021) and building a modern socialist country that is prosperous, strong, democratic, culturally advanced, and harmonious by the centenary of the People’s Republic of China (2049). ↩
- The Third Plenary Session of the 20th Central Committee of the CPC was held in July 2024 and focused on further deepening reform comprehensively to advance Chinese modernization. ↩
- An “ecological environment code” is a comprehensive codification of laws and regulations related to ecological protection and environmental governance, intended to systematize and unify the legal framework. ↩
- The “who enforces the law shall publicize the law” responsibility system requires government agencies to incorporate legal education into their enforcement activities, making them responsible for promoting public understanding of the laws they administer. ↩