Guiding the Construction of a Higher-Level Socialist Rule-of-Law State with Xi Jinping Thought on the Rule of Law

Since the 18th National Congress of the CPC, the Party Central Committee has incorporated law-based governance in all respects into the Four-Pronged Comprehensive Strategy [1]1 “The people are the foundation of the state” (民惟邦本) is a classical Chinese political maxim from the *Book of Documents* (《尚书》), emphasizing the people as the root of the state. and advanced it with strong impetus. The overall framework for law-based governance in all respects has taken basic shape, the system of socialism with Chinese characteristics for the rule of law has been continuously improved, and the path of socialist rule of law with Chinese characteristics has grown ever broader. General Secretary Xi Jinping recently issued important instructions on the work of law-based governance in all respects, emphasizing "focusing on building a more complete system of socialism with Chinese characteristics for the rule of law and building a higher-level socialist rule-of-law state." [2]2 “Law is as level as water” (法平如水) is a traditional Chinese legal idiom symbolizing the ideal of impartial justice, often associated with the character for law (法). The "Proposal of the Central Committee of the Communist Party of China on Formulating the 15th Five-Year Plan for National Economic and Social Development" (hereinafter referred to as the "Proposal") also designates "achieving a higher level in the construction of a socialist rule-of-law state" as one of the main objectives for economic and social development during the 15th Five-Year Plan period. [3]3 “Clarify virtue and be cautious in punishment” (明德慎罚) is a principle from the Western Zhou dynasty (c. 1046–771 BCE), advocating moral clarity and restraint in the use of penal measures. At this new historical starting point, only by taking Xi Jinping Thought on the Rule of Law as

党的十八大以来，党中央把全面依法治国纳入“四个全面”战略布局予以有力推进，全面依法治国总体格局基本形成，中国特色社会主义法治体系不断完善，中国特色社会主义法治道路越走越宽广。习近平总书记日前对全面依法治国工作作出重要指示，强调“聚焦建设更加完善的中国特色社会主义法治体系、建设更高水平的社会主义法治国家”。《中共中央关于制定国民经济和社会发展第十五个五年规划的建议》（以下简称《建议》）也将“社会主义法治国家建设达到更高水平”确定为“十五五”时期经济社会发展的主要目标之一。在新的历史起点上，只有坚持以习近平法治思想为引领，锚定方向、破解难题、夯实根基，方能推动更高水平的社会主义法治国家建设航船行稳致远。

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Building a higher-level socialist country under the rule of law represents an all-round upgrade of the concept of the rule of law, the rule-of-law system, and the practice of the rule of law, requiring solid support from scientific theory. Xi Jinping Thought on the Rule of Law profoundly answers a series of major questions such as why law-based governance should be implemented in the New Era and how to comprehensively advance law-based governance, and serves as the theoretical foundation for building a higher-level socialist country under the rule of law.

建设更高水平的社会主义法治国家，是法治理念、法治体系、法治实践的全方位升级，需要科学理论提供坚实支撑。习近平法治思想深刻回答了新时代为什么实行依法治国、怎样实行全面依法治国等一系列重大问题，是建设更高水平的社会主义法治国家的理论根基。

First, Xi Jinping Thought on the Rule of Law is grounded in China’s national conditions, opens up a new realm of adapting the Marxist theory on the rule of law to the Chinese context and the needs of the times, and sets the goal for building a higher-level socialist country under the rule of law. General Secretary Xi Jinping has pointed out that “comprehensively advancing law-based governance is a profound revolution in national governance, bearing on the Party’s governance and rejuvenation of the country, on the well-being and happiness of the people, and on the long-term stability and security of the Party and the state. We must better leverage the role of the rule of law in consolidating foundations, stabilizing expectations, and benefiting the long term, and comprehensively build a modern socialist country on the track of the rule of law.” [1]1 “The people are the foundation of the state” (民惟邦本) is a classical Chinese political maxim from the *Book of Documents* (《尚书》), emphasizing the people as the root of the state. General Secretary Xi Jinping’s important exposition, grounded in the overall

首先，习近平法治思想立足中国国情，开辟了马克思主义法治理论中国化时代化新境界，为更高水平的社会主义法治国家建设锚定了目标。习近平总书记指出，“全面依法治国是国家治理的一场深刻革命，关系党执政兴国，关系人民幸福安康，关系党和国家长治久安。必须更好发挥法治固根本、稳预期、利长远的保障作用，在法治轨道上全面建设社会主义现代化国家”。习近平总书记的重要论述立足中国式现代化的总体目标，将法治提升到国家发展战略全局的高度，是对马克思主义法治理论的重大发展，也为更高水平的社会主义法治国家建设明确了目标。

Second, Xi Jinping Thought on the Rule of Law inherits the fine traditional Chinese culture, endows Chinese civilization of the rule of law with new contemporary connotations, and integrates Chinese wisdom into the construction of a higher-level socialist country under the rule of law. General Secretary Xi Jinping points out, “We must actively promote the creative transformation and innovative development of fine traditional Chinese legal culture, endow Chinese civilization of the rule of law with new contemporary connotations, and stimulate its vigorous vitality.” The Chinese legal system has a long history, and concepts such as “the people are the foundation of the state” [1]1 “The people are the foundation of the state” (民惟邦本) is a classical Chinese political maxim from the *Book of Documents* (《尚书》), emphasizing the people as the root of the state., “law is as level as water” [2]2 “Law is as level as water” (法平如水) is a traditional Chinese legal idiom symbolizing the ideal of impartial justice, often associated with the character for law (法)., and “clarify virtue and be cautious in punishment” [3]3 “Clarify virtue and be cautious in punishment” (明德慎罚) is a principle from the Western Zhou dynasty (c. 1046–771 BCE), advocating moral clarity and restraint in the use of penal measures. contain rich governance wisdom. Xi Jinping Thought on the Rule of Law deeply excavates the contemporary value of traditional rule-of-law culture, achieving the integration and fusion of ancient and modern rule-of-law wisdom. For example, General Secretary Xi Jinping’s important exposition on adhering to the combination of law-based governance and rule-of-virtue governance is an innovative development of the traditional rule-of-virtue culture of “governing through virtue” [4]4 “Governing through virtue” (为政以德) is a Confucian concept from the *Analects* (《论语》), promoting rule by moral example rather than coercion..

其次，习近平法治思想承继中华优秀传统文化，赋予了中华法治文明新的时代内涵，在更高水平的社会主义法治国家建设中融入了中国智慧。习近平总书记指出，“要积极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，激发起蓬勃生机”。中华法系源远流长，“民惟邦本”“法平如水”“明德慎罚”等理念蕴含着丰富的治理智慧。习近平法治思想深刻挖掘传统法治文化的时代价值，实现了古今法治智慧的贯通融合。例如，习近平总书记关于坚持依法治国和以德治国相结合的重要论述，就是对“为政以德”的传统德治文化的创新性发展。

Third, Xi Jinping Thought on the Rule of Law has the distinctive characteristic of advancing with the times, pointing out the direction forward for the construction of a higher-level socialist country under the rule of law. Xi Jinping Thought on the Rule of Law was born in the tide of the times, is constantly verified by reality, enriched by experience, and developed through practice, reflecting the important quality of advancing with the times. General Secretary Xi Jinping points out, “We have already embarked on a new journey of comprehensively building a modern socialist country and advancing toward the second centenary goal [5]5 The second centenary goal (第二个百年奋斗目标) refers to the goal of building China into a modern socialist country that is prosperous, strong, democratic, culturally advanced, harmonious, and beautiful by the middle of the 21st century, marking the centenary of the People’s Republic of China (founded 1949).. Based on the new stage of development, implementing the new development philosophy, building a new development pattern, promoting high-quality development, meeting the people’s growing demands for democracy, the rule of law, fairness, justice, security, and the environment, improving the quality of people’s lives, and promoting common prosperity all place new and higher demands on the construction of the rule of law.” This is precisely the direction forward for the construction of a higher-level socialist country under the rule of law.

再次，习近平法治思想具有与时俱进的鲜明特征，为更高水平的社会主义法治国家建设指明了前进方向。习近平法治思想诞生于时代浪潮中，不断被现实所验证、为经验所丰富、因实践而发展，反映出与时俱进的重要品质。习近平总书记指出，“我们已经踏上了全面建设社会主义现代化国家、向第二个百年奋斗目标进军的新征程，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，满足人民对民主、法治、公平、正义、安全、环境等方面日益增长的要求，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”。这正是更高水平的社会主义法治国家建设的前进方向。

Finally, Xi Jinping Thought on the Rule of Law constructs a systematic and complete theoretical system for the construction of the rule of law, providing systematic methodological guidance for the construction of a higher-level socialist country under the rule of law. Centered on the overall goal of comprehensively governing the country according to law, Xi Jinping Thought on the Rule of Law constructs a complete theoretical framework covering all links such as legislation, law enforcement, judicature, and law-abiding, coordinating domestic rule of law and foreign-related rule of law, and integrating the construction of a country under the rule of law, a government under the rule of law, and a society under the rule of law. General Secretary Xi Jinping emphasizes “comprehensively promoting scientific legislation, strict law enforcement, impartial judicature, and universal law-abiding, comprehensively promoting the rule-of-law orientation of all aspects of national work, and providing a strong rule-of-law guarantee for comprehensively advancing the construction of a strong country and the great cause of national rejuvenation through Chinese-path modernization” [6]6 Chinese-path modernization (中国式现代化) is a term for China’s distinctive model of modernization, emphasizing socialist characteristics, large population, common prosperity, material and cultural-ethical progress, harmony with nature, and peaceful development.. This provides systematic, comprehensive, clear, and definite guidance for building a higher-level socialist country under the rule of law.

最后，习近平法治思想构建了系统完备的法治建设理论体系，为更高水平的社会主义法治国家建设提供了系统性的方法论指引。习近平法治思想围绕全面依法治国的总目标，构建了涵盖立法、执法、司法、守法等各环节，统筹国内法治与涉外法治，法治国家、法治政府、法治社会一体建设的完整理论框架。习近平总书记强调“全面推进科学立法、严格执法、公正司法、全民守法，全面推进国家各方面工作法治化，为以中国式现代化全面推进强国建设、民族复兴伟业提供有力法治保障”，这为建设更高水平的社会主义法治国家提供了系统全面和清晰明确的指引。

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The report of the 20th National Congress of the CPC points out that since the 18th National Congress of the CPC, “the construction of a socialist country under the rule of law has been deeply advanced, the overall pattern of comprehensively governing the country according to law has been basically formed, the construction of the socialist rule-of-law system with Chinese characteristics has been accelerated, major progress has been made in the reform of the judicial system, the guarantee of social fairness and justice has become more solid, and a new situation has been created in the construction of a rule-of-law China.” Looking back on the journey of achieving great accomplishments in the construction of a rule-of-law China, it is precisely under the guidance of Xi Jinping Thought on the Rule of Law that these have been realized. On the great journey of building a higher-level socialist country under the rule of law, we must pay more attention to and give full play to the action guide and leading role of Xi Jinping Thought on the Rule of Law.

党的二十大报告指出，党的十八大以来，“社会主义法治国家建设深入推进，全面依法治国总体格局基本形成，中国特色社会主义法治体系加快建设，司法体制改革取得重大进展，社会公平正义保障更为坚实，法治中国建设开创新局面”。回望法治中国建设取得伟大成就的历程，正是以习近平法治思想为引领才得以实现的。在建设更高水平的社会主义法治国家的伟大征程中，必须更加注重和充分发挥习近平法治思想的行动指南和引领作用。

First, continuously strengthen scientific legislation, using good laws to promote development and ensure good governance. The construction of a higher-level socialist country under the rule of law must be guided by Xi Jinping Thought on the Rule of Law, promoting good laws and good governance through scientific legislation. On the one hand, the core of scientific legislation lies in being people-centered. General Secretary Xi Jinping points out, “The people’s expectation for legislation is no longer whether it exists, but whether it is good, whether it works, and whether it can solve practical problems; not every law can govern the country, not every law can govern the country well; the more we emphasize the rule of law, the more we must improve the quality of legislation.” People-centered scientific legislation requires not only a complete legal system but also scientific and reasonable legal content that focuses on the urgent and difficult problems of the people. On the other hand, scientific legislation requires the entire socialist rule-of-law system with Chinese characteristics to have unified values and coordinated norms, and it is necessary to adhere to legislation based on the Constitution. General Secretary Xi Jinping points out, “Adhering to law-based legislation, the most fundamental is to adhere to legislation based on the Constitution, resolutely implementing the provisions, principles, and spirit of the Constitution into legislation, reflecting them in various laws and regulations.” In addition, General Secretary Xi Jinping’s important exposition that the Civil Code is a “basic law that consolidates the foundation, stabilizes expectations, and benefits the long term” also has significant guiding significance for scientific legislation. On the basis of following the spirit, principles, and rules of the Constitution and the Civil Code, relevant legislation should be established, amended, abolished, and interpreted.

首先，不断加强科学立法，以良法促进发展、保障善治。更高水平的社会主义法治国家建设，要以习近平法治思想为指导，通过科学立法促进良法善治。一方面，科学立法的核心在于以人民为中心。习近平总书记指出，“人民群众对立法的期盼，已经不是有没有，而是好不好、管用不管用、能不能解决实际问题；不是什么法都能治国，不是什么法都能治好国；越是强调法治，越是要提高立法质量”。以人民为中心的科学立法，不仅要求法律体系完备，更要求法律内容科学合理、聚焦人民群众急难愁盼问题。另一方面，科学立法要求整个中国特色社会主义法治体系价值统一、规范协调，需要坚持依宪立法。习近平总书记指出，“坚持依法立法，最根本的是坚持依宪立法，坚决把宪法规定、宪法原则、宪法精神贯彻到立法中，体现到各项法律法规中”。此外，习近平总书记关于民法典是一部“固根本、稳预期、利长远的基础性法律”的重要论述，对于科学立法同样具有重大指导意义，应当在遵循宪法和民法典精神、原则、规则的基础之上，对相关立法进行立改废释工作。

Second, continuously standardize and improve strict law enforcement standards, and build a government under the rule of law. The construction of a higher-level socialist country under the rule of law must be guided by Xi Jinping Thought on the Rule of Law, promoting the rule-of-law transformation of government governance. On the one hand, comprehensively promote the legalization of government functions, powers, procedures, and responsibilities, standardize law enforcement behavior, and strengthen the restriction and supervision of administrative power. General Secretary Xi Jinping points out, “Use the rule of law to set rules and boundaries for administrative power, standardize administrative decision-making procedures, and accelerate the transformation of government functions.” On the other hand, on the great journey of building a higher-level socialist country under the rule of law, administrative organs at all levels should actively take the initiative to protect the legitimate rights and interests of the people. General Secretary Xi Jinping points out, “Administrative organs are important subjects in implementing laws and regulations, and they should take the lead in strictly enforcing the law, safeguarding public interests, the rights and interests of the people, and social order.”

其次，不断规范和完善严格执法标准，建设法治政府。更高水平的社会主义法治国家建设，要以习近平法治思想为指导，推进政府治理的法治化转型。一方面，全面推进政府职能、权限、程序、责任的法定化，规范执法行为，强化对行政权力的制约和监督。习近平总书记指出，“用法治给行政权力定规矩、划界限，规范行政决策程序，加快转变政府职能”。另一方面，在建设更高水平的社会主义法治国家的伟大征程中，各级行政机关应积极主动作为，维护人民群众合法权益。习近平总书记指出，“行政机关是实施法律法规的重要主体，要带头严格执法，维护公共利益、人民权益和社会秩序”。

Third, continuously raise the level of impartial justice, striving to ensure that the people feel fairness and justice in every judicial case. The construction of a higher-level socialist rule-of-law state must be guided by Xi Jinping Thought on the Rule of Law, further standardize the operation of judicial power, improve the mechanisms for realizing and evaluating judicial impartiality, and enhance the fairness, stability, and authority of judicial rulings. On the one hand, it is necessary to continue deepening the reform of the judicial system, improve the judicial accountability system, and accept supervision by the people through means such as judicial transparency, so as to ensure that justice is fair, efficient, and authoritative. General Secretary Xi Jinping has pointed out, “Deepen the comprehensive and coordinated reform of the judicial system, fully and accurately implement the judicial accountability system, and accelerate the building of a fair, efficient, and authoritative socialist judicial system.” [7]7 Xi Jinping, “Report to the On the other hand, measures to serve the people through the judiciary should be strengthened, litigation services optimized, and litigation costs reduced, so that the people can obtain judicial relief conveniently and efficiently, truly realizing the goal of “striving to ensure that the people feel fairness and justice in every judicial case.”

再次，不断提升公正司法水平，努力让人民在每一个司法案件中感受到公平正义。更高水平的社会主义法治国家建设，要以习近平法治思想为指导，进一步规范司法权力运行，完善司法公正实现和评价机制，提高司法裁判公正性、稳定性、权威性。一方面，需持续深化司法体制改革，完善司法责任制，通过司法公开等手段接受人民群众监督，确保司法公正高效权威。习近平总书记指出，“深化司法体制综合配套改革，全面准确落实司法责任制，加快建设公正高效权威的社会主义司法制度”。另一方面，加强司法为民举措，优化诉讼服务，降低诉讼成本，让人民群众能够便捷高效地获得司法救济，真正实现“努力让人民群众在每一个司法案件中感受到公平正义”。

Finally, continuously strengthen the awareness of law-abidingness among the entire people and enhance the concept of the rule of law among the entire people. The construction of a higher-level socialist rule-of-law state requires extensive legal education and the cultivation of a belief in the rule of law, so that the people become not only beneficiaries of the rule of law but also participants in its construction. General Secretary Xi Jinping has pointed out, “We must intensify efforts to popularize the law among the entire people, promote the spirit of the socialist rule of law, enhance the concept of the rule of law among the entire people, improve the public legal service system, and consolidate the social foundation for law-based governance.” [8] On November 1, 2025, the Law of the People’s Republic of China on the Promotion of Legal Education [9] was formally implemented, which is of great significance for the construction of a higher-level socialist rule-of-law state. This opportunity should be seized to continuously promote Party and state organs at all levels to take the lead in studying and publicizing Xi Jinping Thought on the Rule of Law and the socialist rule-of-law system with Chinese characteristics, persistently strengthening the awareness of law-abidingness among the entire people over the long term, so that Xi Jinping Thought on the Rule of Law takes root in people’s hearts, and fostering a social atmosphere of respecting, studying, abiding by, and applying the law.

最后，不断增强全民守法意识，增强全民法治观念。更高水平的社会主义法治国家建设，需要通过广泛普法宣传、培育法治信仰，让人民群众既成为法治的受益者，也成为法治建设的参与者。习近平总书记指出，“要加大全民普法工作力度，弘扬社会主义法治精神，增强全民法治观念，完善公共法律服务体系，夯实依法治国社会基础”。2025年11月1日起，《中华人民共和国法治宣传教育法》正式施行，这对于更高水平的社会主义法治国家建设具有重要意义。应当以此为契机，持续推动各级党和国家机关带头学习、宣传习近平法治思想和中国特色社会主义法治体系，久久为功增强全民守法意识，使习近平法治思想深入人心，培育全社会尊法学法守法用法的法治氛围。

(Author: Tan Qiping, Professor at the Civil and Commercial Law School of Southwest University of Political Science and Law, Vice President of the Civil Law Research Association of the China Law Society, Vice President of the China Science and Technology Law Society)

（作者：谭启平，系西南政法大学民商法学院教授、中国法学会民法学研究会副会长、中国科学技术法学会副会长）

Online Editor: Huihui

网络编辑：慧慧