马克思主义研究网Marxism Research Network

Unofficial English translation by DeepSeek, a Chinese LLM · source marxism.cass.cn

Using Xi Jinping Thought on the Rule of Law to Guide the Legal Guarantee for Further Deepening Reform Comprehensively

顾华详:以习近平法治思想引领进一步全面深化改革的法治保障

· · Research Highlights · "Journal of China Executive Leadership Academy Jinggangshan" 2025, no. 6 · 38 min read

Xi Jinping Thought on the Rule of Law “deepened the understanding of the laws governing the Communist Party’s governance, the laws of socialist construction, and the laws of the development of human society, making major original contributions to adapting Marxist legal theory to the Chinese context and the needs of the times,” and moreover “provided scientific and timely methods and guidance for solving China’s rule-of-law problems.” Therefore, a major topic urgently requiring long-term in-depth study both now and in the future is to deeply understand, grasp, and implement the Party Central Committee’s decision on further deepening reform comprehensively and advancing Chinese-path modernization, to persist in using Xi Jinping Thought on the Rule of Law to guide, promote, and guarantee further deepening reform comprehensively, to continuously promote the improvement of the rule of law, and to provide the fundamental driving force and legal guarantee for economic and social development during the 15th Five-Year Plan period [1]1 The 15th Five-Year Plan refers to China's national economic and social development plan for the period 2026-2030. and beyond.

习近平法治思想“深化了对共产党执政规律、社会主义建设规律、人类社会发展规律的认识,为推进马克思主义法治理论中国化时代化作出了重大原创性贡献”,更“为解决中国的法治问题提供了科学性和时代性的方法和指引”。因此,当前和今后亟待长期深入研究的一个重大课题是,深刻理解、把握和贯彻落实党中央部署的进一步全面深化改革、推进中国式现代化的决定,坚持以习近平法治思想引领、促进和保障进一步全面深化改革,持续促进法治完善,为“十五五”乃至更长时期的经济社会发展提供根本动力和法治保障。

The rule of law is an important guarantee and one of the core driving forces for advancing Chinese-path modernization. “Using reform as the driving force to promote economic development is a valuable experience our Party has formed in long-term practice, and it is an important reason why China has been able to create the two miracles of rapid economic development and long-term social stability.” A highly developed rule-of-law state is the inevitable choice for a country, especially a large country, to achieve modernization. Persisting in focusing on the strategic deployments of the Third and Fourth Plenary Sessions of the 20th Party Central Committee [2]2 The Four-Pronged Comprehensive Strategy is a strategic layout proposed by the CPC, comprising comprehensively building a moderately prosperous society, comprehensively deepening reform, comprehensively governing the country according to law, and comprehensively and strictly governing the Party., deepening the legal guarantee for further deepening reform comprehensively guided by Xi Jinping Thought on the Rule of Law, and promoting the high-level integration, coordination, and synergy between development and reform on the one hand and the rule of law on the other, are urgent needs for striving to solve the key difficulties of Chinese-path modernization and continuously creating a new situation for reform and opening up. To this end, the “reform measures covered in the ‘Decision of the Central Committee of the Communist Party of China on Further Deepening Reform Comprehensively to Advance Chinese-Path Modernization’ (hereinafter referred to as the ‘Decision’) cover all aspects of advancing Chinese-path modernization, constructing a panoramic view of further deepening reform comprehensively.” It profoundly summarizes the valuable experience of reform and opening up, especially the further deepening of reform comprehensively in the New Era [3]3 This appears to be a quotation from a scholarly work critiquing Western modernization theory, though the specific source is not identified in the original text., namely, “persisting in upholding fundamental principles and breaking new ground is a major principle that must be firmly grasped and always adhered to in further deepening reform comprehensively.” Persisting in advancing further deepening reform comprehensively and advancing Chinese-path modernization on the track of the rule of law must adhere to the unity of reform and the rule of law, and promote the further improvement of the socialist rule-of-law system with Chinese characteristics. 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”) puts forward “taking high-quality development as the theme and reform and innovation as the fundamental driving force.” The decision of the Third Plenary Session of the 20th Party Central Committee dedicated a chapter to deploying the reform task of “perfecting the socialist rule-of-law system with Chinese characteristics.” “Comprehensively advancing the building of a strong country and the great rejuvenation of the Chinese nation through Chinese-path modernization is the central task of the Party and the state on the new journey of the New Era, and is the greatest politics of the New Era.” It is necessary to deeply understand that the Decision further highlights the important role of the rule of law in advancing Chinese-path modernization, clarifies the goals and tasks of building a rule-of-law China on the new journey, puts forward the deployment requirements for advancing law-based governance in all respects on the new journey, and clarifies the paths and measures for comprehensively advancing the legalization of all aspects of national work, as well as other major theoretical and practical innovations concerning the construction of the rule of law. It is necessary to accurately grasp the dialectical relationship between further deepening reform comprehensively and advancing law-based governance in all respects, and persist in advancing reform under the rule of law and perfecting the rule of law through reform. The Proposal further emphasizes “building a law-based economy and a credit-based economy, creating a market-oriented, law-based, and internationalized first-class business environment, and forming an economic order that is both ‘able to let go’ and ‘able to manage well’,” and takes “achieving a higher level in the construction of a socialist rule-of-law state” as a key indicator for measuring “achieving new breakthroughs in further deepening reform comprehensively” during the 15th Five-Year Plan period. These expressions further enrich and develop Xi Jinping Thought on the Rule of Law, strengthen the important role of the rule of law in advancing Chinese-path modernization, clarify the goals and tasks of rule-of-law construction on the new journey, put forward the deployment requirements for advancing law-based governance in all respects on the new journey, and clarify the reform paths and measures for perfecting the socialist rule-of-law system with Chinese characteristics and basically completing the construction of a rule-of-law state, a rule-of-law government, and a rule-of-law society.

法治是推进中国式现代化建设的重要保障与核心动力之一。“以改革为动力推动经济发展,是我们党在长期实践中形成的宝贵经验,是我国能够创造经济快速发展和社会长期稳定两大奇迹的重要原因。”高度发达的法治化是一个国家特别是大国实现现代化的必然选择。坚持聚焦党的二十届三中、四中全会的战略部署,深化以习近平法治思想引领进一步全面深化改革的法治保障,推进发展和改革与法治高度融合、高度协调协同,是着力破解中国式现代化关键性难题、不断开创改革开放全新局面的迫切需要。为此,《中共中央关于进一步全面深化改革推进中国式现代化的决定》(以下简称《决定》)部署的“改革举措覆盖推进中国式现代化方方面面,构筑了进一步全面深化改革的全景图”,深刻总结了改革开放以来特别是新时代进一步全面深化改革的宝贵经验,即“坚持守正创新是进一步全面深化改革必须牢牢把握、始终坚守的重大原则”,坚持在法治轨道上推进进一步全面深化改革、推进中国式现代化建设,必须坚持改革和法治相统一,推动中国特色社会主义法治体系更加完善。《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》)提出“以推动高质量发展为主题,以改革创新为根本动力”。党的二十届三中全会的决定专章部署了“完善中国特色社会主义法治体系”的改革任务,“以中国式现代化全面推进强国建设、民族复兴伟业,是新时代新征程党和国家的中心任务,是新时代最大的政治”。必须深刻认识《决定》进一步突出了法治在推进中国式现代化中的重要作用、明确了新征程法治中国建设的目标任务、提出了新征程推进全面依法治国的部署要求、明晰了全面推进国家各方面工作法治化的路径措施等关于法治建设的重大理论和实践创新,准确把握进一步全面深化改革和全面依法治国的辩证关系,坚持在法治下推进改革,在改革中完善法治。《建议》进一步强调“建设法治经济、信用经济,打造市场化法治化国际化一流营商环境,形成既‘放得活’又‘管得好’的经济秩序”,并且将“社会主义法治国家建设达到更高水平”作为“十五五”时期衡量“进一步全面深化改革取得新突破”的关键性指标。这些表述进一步丰富和发展了习近平法治思想,强化了法治在推进中国式现代化中的重要作用、明确了新征程法治建设的目标任务、提出了新征程推进全面依法治国的部署要求、明晰了完善中国特色社会主义法治体系和基本建成法治国家、法治政府、法治社会的改革路径与措施。

I. Persisting in Upholding Fundamental Principles and Breaking New Ground, Focusing on the Party Central Committee’s Strategic Deployments to Solve the Key Difficulties of Chinese-Path Modernization

一、坚持守正创新,聚焦党中央战略部署破解中国式现代化的关键性难题

(I) Persisting in the Guiding Position of Xi Jinping Thought on the Rule of Law in Coordinating Reform and the Rule of Law to Jointly Advance Chinese-Path Modernization

(一)坚持习近平法治思想在统筹改革和法治合力推进中国式现代化中的指导地位

Facing the challenges and opportunities of the globalization trend, to ensure a scientifically sound judgment from a strategic vantage point, a farsighted strategic layout of reform and the rule of law, and the advancement of Chinese-path modernization, it is necessary to adhere to the absolute leadership of the Party, take Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era as the guide, persist in combining goal orientation with problem orientation, take institutional building as the main line, persist in combining the rule of law with reform, and ensure that the more than 300 major reform tasks specified in the Decision each establish and improve institutional mechanisms and institutional innovations, ensure the perfection and development of the socialist system with Chinese characteristics, and ensure a significant improvement in the overall effectiveness of the national innovation system. In particular, the Proposal clearly aims to solve deep-seated reform difficulties such as “breaking down the institutional and mechanism obstacles restricting high-quality development, promoting better adaptation between relations of production and productive forces, between the superstructure and the economic base, and between national governance and social development, and continuously enhancing development momentum and social vitality.” All these urgently require “perfecting the mechanism for the connection and coordination between intra-Party regulations and national laws.” Especially, “to improve the quality and efficiency of the governance of Party regulations on the new journey and increase its effectiveness, it must closely focus on the theme of the times, which is advancing Chinese-path modernization,” and pay attention to further using the power of reform to perfect and expand the space for the rule of law, to further deepen reform comprehensively and advance Chinese-path modernization on the track of the rule of law, and to continuously perfect the socialist rule-of-law system with Chinese characteristics. Therefore, to build a higher-level rule-of-law China, it is necessary to follow General Secretary Xi Jin

面对全球化时代潮流的挑战与机遇,确保高屋建瓴地科学判断、高瞻远瞩地战略性布局改革与法治、推进中国式现代化建设,必须坚持党的绝对领导,以习近平新时代中国特色社会主义思想为指导,坚持目标导向和问题导向相结合,以制度建设为主线,坚持法治与改革相结合,确保《决定》明确的300多项重大改革任务逐一建立健全体制机制和制度创新、确保中国特色社会主义制度的完善和发展、确保国家创新体系整体效能显著提升,特别是《建议》明确破解“制约高质量发展的体制机制障碍、推动生产关系和生产力、上层建筑和经济基础、国家治理和社会发展更好相适应,持续增强发展动力和社会活力”等深层次改革难题,都迫切需要“健全党内法规同国家法律衔接协调机制”,尤其是“新征程党规之治提质增效赋能,必须紧紧围绕推进中国式现代化这一时代主题,”重视进一步以改革之力完善和拓展法治空间,在法治轨道上进一步全面深化改革、推进中国式现代化,不断完善中国特色社会主义法治体系。因此,建设更高水平的法治中国,必须遵循习近平总书记对新时代经济社会发展规律作出的重大论断,“统筹好有效市场和有为政府、总供给和总需求、培育新动能和更新旧动能、做优增量和盘活存量、提升质量和做大总量这五对重要关系”,聚焦五个“必须统筹”强化法治对进一步全面深化改革和中国式现代化实践的总结提炼及未来发展的启示引领,“注重系统集成、注重强化基础、注重突出重点、注重改革实效”,促进和保障法治与改革的进一步全面深化,确保“十五五”时期经济社会发展的主要目标任务顺利实现和中国式现代化行稳致远。

(2) Persisting in further deepening reform comprehensively on the track of the rule of law is the inevitable path to advancing Chinese-path modernization.

(二)坚持在法治轨道上进一步全面深化改革是推进中国式现代化的必由之路

To persist in using the new development philosophy to guide the unity of further deepening reform comprehensively and the rule of law, to focus on building a high-level socialist market economy system, to accelerate the construction of a new development pattern, and to provide powerful reform momentum and legal guarantees for the high-quality construction of Chinese-path modernization, we must adhere to the guidance of Xi Jinping Thought on the Rule of Law, adhere to the people-centered fundamental stance, and grasp the key of improving the capabilities of leading cadres. We must strive to "make maintaining stability and promoting development a great classroom for training and tempering cadres, allowing the vast number of cadres to hone their will to fear no difficulties and tackle tough problems in practice, and to enhance their ability to unite and serve the masses and to manage complex situations." In particular, we must "continuously improve the ability to use rule-of-law thinking and rule-of-law methods to deepen reform, promote development, resolve contradictions, maintain stability, and respond to risks," ensuring the capability to fulfill the mission and tasks of advancing the high-quality construction of Chinese-path modernization. During the period of the 15th Five-Year Plan [1]1 The 15th Five-Year Plan refers to China's national economic and social development plan for the period 2026-2030., implementing the Party Central Committee's Four-Pronged Comprehensive Strategy [2]2 The Four-Pronged Comprehensive Strategy is a strategic layout proposed by the CPC, comprising comprehensively building a moderately prosperous society, comprehensively deepening reform, comprehensively governing the country according to law, and comprehensively and strictly governing the Party., "further deepening reform comprehensively has become an important engine driving the sustained and healthy development of China's economy and society and realizing the modernization of the national governance system and governance capacity." To address major risks and challenges, to ensure the steady and long-term progress of the Party and state's undertakings, and to achieve a new security pattern safeguarding a new development pattern, we must persist in placing the coordination of development and security in a more prominent position, always adhere to strengthening bottom-line thinking, and ensure the effective prevention and resolution of various risks. For a long time, the modernization model of the United States and the West once dominated the development of countries around the world. Its capital-centered development concept and its drawbacks have fallen into a predicament where it can no longer provide guidance for global sustainable development. This also serves as a warning to us: to advance the construction of Chinese-path modernization and blaze a uniquely Chinese path to modernization, we must base ourselves on national conditions, give full play to the decisive role of the market in resource allocation, coordinate the mutually reinforcing synergy of further deepening reform comprehensively and the rule of law, promote the combination of an effective market and a competent government, use the new development philosophy to guide the accelerated development of new quality productive forces according to local conditions, and continuously enhance the development momentum of the whole society and the vitality of market entities. The "single modernization path" promoted by the Western development model, "which ignores the differences in history, culture, and social structure of different countries, leads to inequality between the North and South, economic dependence, and cultural conflict, presenting a relationship of domination and subordination between the North and South" [3]3 This appears to be a quotation from a scholarly work critiquing Western modernization theory, though the specific source is not identified in the original text. — this concept of unitary modernity is unsustainable. Chinese-path modernization bears the historical mission of leading an ultra-large-scale population towards modernization as a whole. Adhering to the people-centered development concept and the development philosophy that conforms to the trend of the times, its overall layout places greater emphasis on the coordinated development of material civilization and cultural-ethical progress, highlights harmony between humanity and nature, and prominently features a path of peaceful development. It provides new models and new solutions for global diversified development, especially achieving transcendence over the Western model in practice at multiple levels, discarding the "Western-centric theory" that has long imprisoned people's thinking and perspectives, and establishing a strong sense of confidence for the great rejuvenation of the Chinese nation.

坚持以新发展理念引领进一步全面深化改革与法治相统一,聚焦构建高水平社会主义市场经济体制,加快构建新发展格局,为中国式现代化高质量建设提供强大改革动力和法治保障,必须坚持以习近平法治思想为引领,坚持以人民为中心的根本立场,抓住领导干部能力提升这个关键,着力“把保稳定、促发展作为培养锻炼干部的大课堂,让广大干部在实践中磨炼不畏艰险、攻坚克难的意志,增强团结服务群众、驾驭复杂局面的本领”,特别是要“不断提高运用法治思维和法治方式深化改革、推动发展、化解矛盾、维护稳定、应对风险的能力”,确保有能力落实好推进中国式现代化高质量建设的使命与任务。“十五五”时期,落实党中央“四个全面”战略布局,“进一步全面深化改革已成为推动中国经济社会持续健康发展、实现国家治理体系和治理能力现代化的重要引擎”,应对重大风险挑战、推动党和国家事业行稳致远,实现以新安全格局保障新发展格局,必须坚持把统筹发展和安全摆在更加突出位置,始终坚持强化底线思维,确保有力有效防范化解各类风险。长期以来,美西方的现代化模式一度左右着世界各国的发展,其以资本为中心的发展理念及弊端,已陷入难以为全球可持续发展提供指引的困局。这也警示我们,推进中国式现代化建设,开拓出一条独具中国特色的现代化之路,必须立足国情充分发挥市场在资源配置中的决定性作用,统筹进一步全面深化改革与法治形成相得益彰的合力,促进有效市场和有为政府相结合,以新发展理念引领新质生产力因地制宜加快发展,持续增强全社会的发展动力和市场主体的活力。西方发展模式所推行的“单一的现代化路径,忽视不同国家历史、文化和社会结构差异,导致南北不平等、经济依赖和文化冲突,南北之间呈现出支配与被支配的关系”的一元现代性理念难以为继。中国式现代化承载着超大规模人口整体迈向现代化的历史使命,坚持以人民为中心和顺应时代潮流的发展理念,整体布局上更加注重物质文明与精神文明的协调发展、强调人与自然和谐共生、突出走和平发展道路的鲜明特征,为全球多元发展提供新模式、新方案,特别是在更多层面的实践中实现了对西方模式的超越,摒弃了长期以来禁锢人们思维和视域的“西方中心论”,为中华民族伟大复兴树立起了强烈的自信心。

(III) Persisting in perfecting the legal mechanism for high-quality development is an urgent need to shape new momentum and new advantages for reform and opening up

(三)坚持完善高质量发展的法治机制是塑造改革开放新动力新优势的迫切需要

Since entering the New Era, the connotation of China's economic development has leaped from "high speed" to "high quality," and new quality productive forces are accelerating their formation. However, economic development has "entered the 'deep water zone' of transformation." Planning major projects involving national security, people's livelihood and well-being, and high-quality economic development, especially the pressure of "stabilizing growth," is unprecedented. To further improve the systems and mechanisms for high-standard opening up and continuously promote China's high-level opening up, it is even more urgent to obtain new momentum from world economic growth through further deepening reform comprehensively, to open up new space for the development of new quality productive forces, to build new platforms for international economic cooperation and development, to actively align with high-standard international economic and trade rules, and especially to actively participate in the reform of the global economic governance system. Both further deepening reform comprehensively and the rule of law face deep-seated new challenges. Innovation in theory, institutions, technology, culture, and industrial revolution will inevitably profoundly change the pattern of world economic development. It is urgently necessary to adhere to the guidance of Xi Jinping Thought on the Rule of Law, based on a far-sighted strategic vision, clear theoretical threads, and rigorous logical thinking, to coordinately advance the unity of reform and the rule of law, to further perfect the legal mechanism for promoting high-quality development, and to follow the principles, methods, and paths of unifying and coordinating reform and the rule of law, thereby shaping new advantages for reform and opening up. The new development philosophy must inevitably be fully reflected in the coordinated advancement of reform and the rule of law. Especially in breaking down ideological concepts and institutional mechanism drawbacks that affect and restrict the high-quality construction of Chinese-path modernization, unblocking bottlenecks affecting and restricting comprehensive innovation, and perfecting relations of production more compatible with new quality productive forces, we must "persist in deeply comprehending the systematic foresight and scientific methodology of Xi Jinping Thought on the Rule of Law," be adept at using rule-of-law thinking and rule-of-law methods to promote the scientific coordination of major platforms, major industries, major reforms, major policies, and the compilation of factor lists, promote the deep integration of the talent chain, policy chain, and innovation chain, strengthen the collaborative education of science and education, and advance the integrated development of education, science and technology, and talent. We must persist in integrating scientific and technological innovation into all areas of development, continuously achieve new breakthroughs in accelerating the integrated development of "computing power + industry," especially in key core technologies and cutting-edge technologies, and promote the concentration of advanced production factors towards cultivating and developing new quality productive forces and future industries. We must consciously strengthen the concept of digital rule of law, actively guide, guarantee, and promote the healthy development of new quality productive forces according to law, cultivate and strengthen emerging industries, lay out future industries in advance, and use advanced technology to empower the transformation and upgrading of traditional industries. We must persist in clearly defining the boundaries of reform responsibilities according to law, ensuring vertical coherence and horizontal coordination, and simultaneously planning and coordinating the advancement of Chinese-path modernization construction to improve quality, speed, and efficiency. We must be adept at using rule-of-law methods to advance reform, persist in "viewing problems with a comprehensive, dialectical, and long-term perspective, actively expanding new space for development," and always remain confident and composed, focus on institutional innovation, persist in advancing the rule of law within the logic of historical progress, further deepen reform comprehensively in the trend of the times, and effectively grasp the initiative in development.

进入新时代以来,中国经济发展的内涵由“高速度”向“高质量”跃升,新质生产力正加速形成,但经济发展“进入转型‘深水区’,”谋划涉及国家安全、民生福祉、经济高质量发展等领域的重大项目,特别是“稳增长”的压力前所未有。进一步健全高水平对外开放体制机制,持续推进中国高水平对外开放,更加迫切需要通过进一步全面深化改革从世界经济增长中获得新动能,开辟出新质生产力发展的新空间,打造国际经济合作发展的新平台,主动对接国际高标准经贸规则,特别是积极参与全球经济治理体系改革,进一步全面深化改革与法治都面临着深层次的新挑战。理论、制度、科技、文化的创新和产业革命,必然深刻改变着世界经济发展的格局,迫切需要坚持以习近平法治思想为引领,立足于高远的战略眼光、清晰的理论脉络、严密的思维逻辑协同推进改革与法治相统一,进一步完善推动高质量发展的法治机制,并遵循改革与法治相统一、相协同的原则、方法和路径,塑造改革开放的新优势。新发展理念必然要在改革与法治协同推进中得到充分体现,特别是在破除影响和制约中国式现代化高质量建设的思想观念及体制机制弊端,打通影响和制约全面创新的卡点堵点,完善与新质生产力更相适应的生产关系等方面,必须“坚持深刻领会习近平法治思想的系统前瞻性和科学方法论”,善于运用法治思维、法治方式推进重大平台、重大产业、重大改革、重大政策和要素清单编制的科学统筹,促进人才链、政策链、创新链深度融合,强化科教协同育人,推进教育科技人才一体发展;坚持把科技创新融入发展各领域,在加快“算力+产业”融合发展特别是关键核心技术、前沿技术等领域不断取得新突破,促进先进生产要素向培育和发展新质生产力及未来产业集聚;必须自觉增强数字法治观念,积极依法引领、保障和促进新质生产力健康发展、培育壮大新兴产业、超前布局未来产业、运用先进技术赋能传统产业转型升级;必须坚持依法明确改革的职责边界,上下贯通、纵横协同,同步谋划、协调推进中国式现代化建设提质提速提效;必须善于运用法治方式推进改革,坚持“用全面、辩证、长远的眼光看问题,积极拓展发展新空间,”并始终做到自信从容,注重制度创新,坚持在历史前进的逻辑中推进法治,在时代发展的潮流中进一步全面深化改革,切实把握发展的主动权。

II. Based on the Strategic Initiative in the Century-Old Changes, Providing Powerful Momentum and Institutional Guarantees for Chinese-Path Modernization

二、立足百年变局的战略主动,为中国式现代化提供强大动力和制度保障

(I) The Rule of Law is an Important Guarantee for Further Deepening Reform Comprehensively and Advancing Chinese-Path Modernization Construction

(一)法治是进一步全面深化改革和推进中国式现代化建设的重要保障

The rule of law is a consensus of political wisdom in governance, both ancient and modern, Chinese and foreign. “The path of socialism with Chinese characteristics in the rule of law is the only correct path for advancing law-based governance in all respects in the New Era.” Therefore, “better leveraging the positive role of the rule of law in removing obstacles to reform and consolidating reform achievements, and being adept at using rule-of-law thinking and rule-of-law methods to advance reform, so that major reforms have a legal basis,” is not only an urgent need for further deepening reform across the board, but also one of the important goals of developing whole-process people’s democracy and upholding the organic unity of Party leadership, the people being the masters of the country, and law-based governance. Since the Third Plenary Session of the 11th Party Central Committee [1]1 The 15th Five-Year Plan refers to China's national economic and social development plan for the period 2026-2030. lifted the curtain on reform and opening up, each successive Third Plenary Session of the Party Central Committee has focused on important issues in areas such as people’s livelihoods, development, stability, security, openness, and innovation, making reform decisions, optimizing reform ideas and measures, and advancing the implementation of reform tasks. All of these have emphasized the important role of the legal system or the rule of law. “China’s practice of reform and opening up is the largest-scale and most successful institutional change and institutional innovation in human history,” and can be described as creating the greatest miracle in the history of human social development. The decision of the Third Plenary Session of the 20th Party Central Committee [2]2 The Four-Pronged Comprehensive Strategy is a strategic layout proposed by the CPC, comprising comprehensively building a moderately prosperous society, comprehensively deepening reform, comprehensively governing the country according to law, and comprehensively and strictly governing the Party. established the major principle of the “Six Upholds” [3]3 This appears to be a quotation from a scholarly work critiquing Western modernization theory, though the specific source is not identified in the original text., which emphasizes that further deepening reform across the board and advancing Chinese-path modernization must be promoted on the track of the rule of law. The proposal of the Fourth Plenary Session of the 20th Party Central Committee [4]4 The “Six Upholds” (六个坚持) are a set of principles guiding reform, including upholding the Party’s comprehensive leadership, the people-centered approach, the rule of law, systematic concepts, and other key tenets., which specifies “building a law-based economy,” also focuses on fully implementing the new development philosophy, insisting on basing development on high-quality development, paying attention to coordinating development and security according to law, using law to lead and promote the coordinated progress of various undertakings, especially “ensuring the coordinated operation of various economic and legal systems,” effectively preventing and defusing risks in key areas and external shocks, continuously expanding high-standard opening up, promoting sustained economic recovery and improvement, maintaining social harmony and stability, and accelerating the construction of a new development pattern. Thus, practice since reform and opening up has fully proven that the rule of law is not only an important principle that must be upheld for further deepening reform across the board and Chinese-path modernization, but also a more important basic guarantee.

法治是古今中外治国理政政治智慧的共识。“中国特色社会主义法治道路是新时代推进全面依法治国的唯一正确道路。”因此,“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,善于运用法治思维和法治方式推进改革,做到重大改革于法有据”,既是进一步全面深化改革的迫切需要,也是发展全过程人民民主,坚持党的领导、人民当家作主、依法治国有机统一的重要目标之一。自党的十一届三中全会拉开改革开放序幕以来,党的历届三中全会均聚焦民生、发展、稳定、安全、开放与创新等领域的重要议题,作出改革决定、优化改革思路和措施、推进改革任务落实,其中均强调了法制或法治的重要作用。“中国的改革开放实践,是人类历史上最大规模,也是最为成功的制度变革和制度创新”,可谓是创造了人类社会发展史上最伟大的奇迹。党的二十届三中全会决定明确了“六个坚持”的重大原则,其中强调必须在法治轨道上推进进一步全面深化改革、推进中国式现代化;党的二十届四中全会《建议》明确的“建设法治经济”,也都聚焦全面贯彻新发展理念,坚持把发展的立足点放在高质量发展上,注重依法统筹发展和安全,依法引领和促进各项事业协调并进,特别是“保障各类经济法律制度的协调运行”,有效防范化解重点领域风险和外部冲击,持续扩大高水平对外开放,推动经济持续回升向好,保持社会和谐稳定,加快构建新发展格局。可见,改革开放以来的实践充分证明:法治不仅是进一步全面深化改革、中国式现代化所必须坚持的重要原则,而且是更重要的基本保障。

(II) The rule of law is an inherent requirement of further deepening reform across the board and advancing Chinese-path modernization

(二)法治是进一步全面深化改革和推进中国式现代化建设题中应有之义

To correctly understand and grasp the rich connotations of the decision of the Third Plenary Session of the 20th Party Central Committee and the proposal of the Fourth Plenary Session, focus on the series of major theoretical viewpoints and major reform tasks put forward in the decision, accelerate the work pace of “establishing, amending, abolishing, and interpreting” legal and institutional measures, ensure timely provision of corresponding legal guarantees and guidance for further deepening reform across the board and Chinese-path modernization during the 15th Five-Year Plan period [5]5 The 15th Five-Year Plan period refers to the national economic and social development plan for 2026–2030., and ensure that the strategic deployments of the Party Central Committee are fully, accurately, and comprehensively implemented. We should adhere to the people-centered development philosophy and the new development philosophy to deepen reforms in the rule-of-law field, focus on strengthening the rule of law in areas such as national political security, economic and financial security, high-quality economic and cultural development, energy and resource security, social harmony and stability, food and drug safety, counter-terrorism and stability maintenance, ethnic and religious affairs, and ecological and environmental security, continuously improve the work pattern of building a rule-of-law China, constantly use good laws to promote development and ensure good governance, and ensure long-term national stability and the people’s peace and security. High-quality development is both a new historical starting point and a key area that must be focused on for the unity of reform and the rule of law. For the rule of law to guarantee and guide further deepening reform across the board and advancing Chinese-path modernization, it is necessary to fully leverage the superiority of the Chinese system, coordinate and focus on the new development philosophy and high-quality development, and continuously deepen reform, development, and the rule of law’s regulation, guidance, and guarantee issues in nine major relationships: development and security, national strength and people’s prosperity, urban and rural areas, economic construction and other constructions, domestic circulation and international circulation, coordinated regional development and major regional strategies, efficiency and fairness, strategy and tactics, and the present and the long term. The rule of law and further deepening reform across the board should focus on forming synergy in guiding, promoting, and guaranteeing the structural optimization of modern industrial system construction, promoting the transformation and upgrading of industries towards intelligence, green development, and integration; forming synergy in the area of improving factor quality and allocation efficiency, promoting the efficient concentration of resources towards pillar industries, key industries, and emerging industries; forming synergy in the area of promoting scientific and technological innovation, using mechanisms such as market competition pressure transmission and economic interest drive to promote the cultivation and development of new quality productive forces; in coordinating development and security, based on making the real economy bigger and stronger, continuously promoting the accelerated climb of the digital economy equipment manufacturing industry towards “high-end, cutting-edge, and sophisticated”; promoting the accelerated construction of the digital industry system, promoting the accelerated development of new quality productive forces; adhering to the forward-looking layout of future industries, actively shaping new momentum and new advantages for high-quality economic development, and ensuring the high-quality construction of China’s modern industrial system during the 15th Five-Year Plan period. We should adhere to accelerating the construction of a law-based government, improve the system and mechanism for law-based administration, and perfect the review mechanism for the legality of major decisions and normative documents; continuously promote the legalization of government institutions, functions, powers, procedures, and responsibilities; deepen the reform of the administrative law enforcement system, improve the comprehensive law enforcement system and mechanism at the grassroots level, and strengthen the supervision system for administrative law enforcement, continuously enhance the professional level of administrative law enforcement, and comprehensively improve administrative efficiency; actively improve the legislative, law enforcement, and judicial systems and mechanisms related to cultivating and developing new quality productive forces, and further promote and guide the healthy development of new quality productive forces.

正确理解和把握党的二十届三中全会《决定》和四中全会《建议》的丰富内涵,聚焦决定提出的一系列重大理论观点和重大改革任务,加快法治制度措施的“立、改、废、释”工作进度,确保及时为“十五五”时期进一步全面深化改革和中国式现代化建设提供相适应的法治保障和引领,确保党中央的战略部署完整准确全面贯彻落实到位。应坚持以人民为中心的发展思想和新发展理念深化法治领域改革,聚焦加强国家政治安全、经济金融安全、经济和文化高质量发展、能源资源安全、社会和谐稳定、食品药品安全、反恐维稳、民族宗教、生态环境安全等领域的法治,持续完善法治中国建设的工作格局,不断以良法促进发展、保障善治,确保国家长治久安、国泰民安。高质量发展既是新的历史起点,也是改革与法治相统一所必须聚焦的重点领域。法治保障引领进一步全面深化改革和推进中国式现代化建设,必须充分发挥中国制度优越性,统筹聚焦新发展理念和高质量发展,持续深化发展与安全、国强与民富、城市与乡村、经济建设与其他建设、内循环与外循环、区域协调发展与区域重大战略、效率与公平、战略与战术、当前与长远等九大关系领域的改革发展和法治规范、引领及保障问题。法治与进一步全面深化改革应着力在引导、促进和保障现代化产业体系建设的结构优化方面形成合力,促进产业向智能化、绿色化、融合化转型升级;在提升要素质量和配置效率领域形成合力,促进资源向支柱产业、重点产业和新兴产业高效集聚;在促进科技创新领域形成合力,利用好市场的竞争压力传导和经济利益驱动等机制促进新质生产力的培育和发展;在统筹发展和安全方面立足于实体经济的做大做强,持续推进数字经济装备制造业加速向“高新尖”攀升;促进数字产业体系加速构建,促进新质生产力加速发展;坚持超前布局未来产业,积极塑造经济高质量发展的新动能、新优势,确保“十五五”时期高质量建设中国现代化产业体系。应坚持加快法治政府建设,健全依法行政制度机制,完善重大决策、规范性文件合法性审查机制;持续推进政府机构、职能、权限、程序、责任的法定化;深化行政执法体制改革,完善基层综合执法体制机制,健全行政执法监督制度,持续提升行政执法的专业化水平,全面提升行政效率;积极健全与培育和发展新质生产力相关的立法、执法、司法体制机制,进一步促进和引领新质生产力健康发展。

(III) The rule of law is a powerful guarantee for ensuring that Chinese-path modernization continues to advance deeply in a complex and volatile environment

(三)法治是确保中国式现代化在纷繁复杂环境中持续深入推进的有力保障

To gain strategic initiative in the accelerating changes unseen in a century, especially to respond to the U.S. government’s abuse of tariff policies that go against the global trend, China must unswervingly uphold the international system centered on the United Nations, continuously deepen and improve global economic governance, and actively build a cooperative world economy; adhere to upholding the international order based on international law, further consolidate international consensus in areas such as economy, finance, trade, digital, and ecological environment, and build a stable world economy; adhere to the basic norms of international relations based on the purposes of the UN Charter, continue to advance WTO reform, continuously promote the inclusion of the Investment Facilitation for Development (IFD) Agreement into the framework of WTO rules, restore the normal functioning of the dispute settlement mechanism as soon as possible, promote the implementation of the WTO E-Commerce Agreement in China, and accelerate the construction of an open world economy; adhere to proceeding from the characteristics of international commercial arbitration, reform and improve China’s arbitration substantive law, refer to international arbitration theory and practice, enhance the certainty and predictability of applicable law rules, and increase the trust and choice of parties in Chinese arbitration; adhere to focusing on the key points of Chinese-path modernization construction, proceed from China’s judicial practice, promote the reform and innovation of rules for the application of international practices, attach importance to the function of international practices as a “self-governing law” for transnational commerce, establish party autonomy as the primary principle for the application of international practices, and in accordance with the provisions of the Law of the People’s Republic of China on the Application of Laws to Foreign-Related Civil Relations, adhere to party autonomy as the basic principle and the closest connection as a supplement; where Chinese law has mandatory provisions, they shall be directly applied; if the application of foreign law harms the public interest of Chinese society, Chinese law shall be applied instead, and the application of foreign law shall be excluded according to law, especially “international practices with characteristics similar to the Uniform Customs and Practice for Documentary Credits (UCP) can adopt the model recognized by the Supreme People’s Court’s judicial interpretation, i.e., the ‘UCP model,’ endowing them with ‘legal nature’ and making them directly applicable”; improve the fair judicial system and mechanism with international influence, grasp the “bull’s nose” of the judicial responsibility system [6]6 The “bull’s nose” (牛鼻子) is a Chinese idiom for the key link or crucial point in a complex task, which, once grasped, drives the whole process forward., improve the working system for the uniform application of law in judicial cases, enhance the domestic and international credibility of the judiciary, and create a favorable international rule-of-law environment for further deepening reform across the board and advancing Chinese-path modernization.

赢得百年变局加速演进中的战略主动,特别是应对美国政府滥施关税政策逆世界潮流而动的行为,中国必须坚定不移地维护以联合国为核心的国际体系,持续深化完善全球经济治理,积极建设合作型世界经济;坚持维护以国际法为基础的国际秩序,进一步凝聚经济、金融、贸易、数字、生态环境等领域的国际共识,建设稳定型世界经济;坚持以联合国宪章宗旨为基础的国际关系基本准则,继续推进WTO改革,持续推动将《促进发展的投资便利化协定》(IFD)纳入世界贸易组织规则框架,尽快恢复争端解决机制的正常运转,促进WTO《电子商务协定》在中国实施,促进开放型世界经济加快建设;坚持从国际商事仲裁特性出发,改革和健全中国仲裁实体法,参考国际仲裁理论和实践,增强法律适用规则的确定性和可预见性,增强当事人对中国仲裁的信任和选择;坚持围绕中国式现代化建设的重点,从中国司法实践出发,推进国际惯例适用规则的改革创新,重视发挥国际惯例的跨国商事“自治法”功能,将当事人意思自治确立为国际惯例适用的首要原则,依据《中华人民共和国涉外民事关系法律适用法》之规定,坚持以意思自治为基本原则、以最密切联系为补充,凡中国法律有强制性规定的则直接适用;适用外国法如损害中国社会公共利益的,则改为适用中国法,并依法排除外国法的适用,特别是“具有与《跟单信用证统一惯例》类似特质的国际惯例,可以采纳最高人民法院司法解释认可的模式即‘UCP模式’,赋予其‘法律性’,使其具有直接适用性”;健全具有国际影响力的公正司法体制机制,牵住司法责任制“牛鼻子”,完善司法案件统一法律适用的工作制度,提高司法的国际国内公信力,为进一步全面深化改革、推进中国式现代化营造良好的国际法治大环境。

(IV) The rule of law is the most significant advantage for ensuring that further deepening reform across the board and Chinese-path modernization continue to advance deeply, focusing on top-level design

(四)法治是确保进一步全面深化改革和中国式现代化聚焦顶层设计持续深入推进的最显著优势

Advancing Chinese-path modernization, responding to the challenges of a volatile and treacherous international environment, and further deepening reform comprehensively and advancing the rule of law all confront a series of intense struggles. It is necessary to consistently focus on the top-level design that unifies, coordinates, and aligns further deepening of reform with the rule of law, always grasp the strategic initiative, and continuously enhance the initiative and effectiveness of struggle. The construction of the rule of law plays an irreplaceable role in the process of guaranteeing, regulating, and leading Chinese-path modernization to comprehensively advance the building of a strong country and the great rejuvenation of the Chinese nation. As understanding deepens and strategy improves, and as practice becomes richer, there is an urgent need to continuously strengthen theoretical research and practical exploration of further deepening reform comprehensively and the construction of the rule of law, and to continuously coordinate the relationship between the rule-of-law system and the system of further deepening reform comprehensively, “realizing the guarantee of normative expectations by the legal system,” [7]7 Niklas Luhmann, *Law as a Social System*, trans. Klaus A. Ziegert (Oxford: Oxford University Press, 2004), 148. and striving to make thinking and understanding, policies and laws, and measures and institutions more consistent with objective laws. To this end, the top-level design of further deepening reform comprehensively and the rule of law in Chinese-path modernization must adhere to Xi Jinping Thought on the Rule of Law as its guide, precisely grasp the key of further deepening reform comprehensively as the overarching and fundamental element, adhere to coordinating the domestic and international situations, the Five-Sphere Integrated Plan, and the Four-Pronged Comprehensive Strategy, respond to social hotspots with legal means, focus on regulating management and services in areas of people’s livelihood such as education, elderly care, and medical care, promote the punishment of “flies and ants that engage in corruption” [8]8 “Flies and ants that engage in corruption” (蝇贪蚁腐) is a Chinese political metaphor for low-level, petty corruption that directly harms the interests of ordinary people, often involving grassroots officials. around the masses, severely punish criminal acts endangering food and drug safety, regularly address issues such as wage arrears and overdue payments, and strengthen legal norms in the civil, administrative, and criminal fields in accordance with the law. Adhere to advancing step-by-step deepening of reform and the rule of law in key areas, ensure the settlement of disputes, standardize law enforcement, prevent and resolve social contradictions, adhere to overall planning, systematic design, and holistic advancement, and correctly handle a series of major relationships, including top-level design and practical exploration, strategy and tactics, upholding fundamental principles and breaking new ground, efficiency and fairness, vitality and order, and self-reliance and self-strengthening versus reform and opening up. To this end, the top-level design must adhere to improving the macroeconomic governance system, perfecting the basic economic system with public ownership as the mainstay and diverse forms of ownership developing together, and actively constructing a legal system conducive to promoting a unified, open, competitive, and orderly market system. It is necessary to further strictly regulate enterprise-related administrative inspections in accordance with the law, prohibiting problems such as “multiple-agency enforcement,” “repeated inspections,” “arbitrary fines,” and “arbitrary seizures.” It should focus on specific areas such as building a government service concept of “no interference when not needed,” perfecting a “full life cycle” financial support system, creating a development ecology of “characteristic industries plus digital empowerment,” implementing a “dual circulation” talent strategy, and consolidating application-oriented basic research, strengthening legal norms, guarantees, and leadership, and continuously and effectively stimulating the three major development drivers and vitality of market entities: reform, opening up, and innovation.

推进中国式现代化建设,应对风云变幻、波谲云诡国际环境的挑战,进一步全面深化改革与法治都面临着一系列的激烈斗争,需要始终聚焦进一步全面深化与法治相统一、相统筹、相协同的顶层设计,始终把握住战略主动,持续增强斗争的能动性、有效性。法治建设在保障、规范和引领中国式现代化全面推进强国建设、民族复兴伟业的进程中有着不可替代的作用随着认识上的不断深化,战略上的不断完善,实践上的不断丰富,亟待持续加强进一步全面深化改革与法治建设的理论研究和实践探索,持续协调法治系统与进一步全面深化系统之间的关系,“实现法律系统保障规范性预期”,努力使思维与认识、政策与法律、举措与制度都更加符合客观规律。为此,中国式现代化建设中的进一步全面深化改革与法治顶层设计,必须坚持以习近平法治思想为引领,精准把住进一步全面深化改革这个管总、管根本的关键,坚持统筹国内国际两个大局、“五位一体”总体布局、“四个全面”战略布局,以法治手段回应社会热点,着力规制涉教育、养老、医疗等民生领域的管理与服务,推动依法惩治群众身边的“蝇贪蚁腐”,严惩危害食品药品安全犯罪行为,常态化治理欠薪、账款拖欠等问题,依法加强民事、行政、刑事领域的法治规范。坚持推进重点领域改革与法治步步深入,确保定分止争,规范执法,预防和化解社会矛盾,坚持统筹兼顾、系统谋划、整体推进,正确处理好顶层设计与实践探索、战略与策略、守正与创新、效率与公平、活力与秩序、自立自强与改革开放等一系列重大关系。为此,顶层设计必须坚持健全宏观经济治理体系,完善公有制为主体、多种所有制经济共同发展的基本经济制度,积极构建有利于促进统一开放、竞争有序市场体系的法治制度。应进一步依法严格规范涉企行政检查,禁止“多头执法”“重复检查”“乱罚款”“乱查封”等问题的发生。应重点围绕构建以“无事不扰”的政务服务理念、健全“全生命周期”的金融支持体系、打造“特色产业+数字赋能”的发展生态、实施“双循环”的人才战略、夯实应用导向的基础研究等具体领域,加强法治规范、保障和引领,持续有效激发市场主体的改革、开放、创新三大发展动力与活力。

(5) The rule of law is a new driving force for ensuring that further deepening reform comprehensively focuses on jointly creating an international environment of peaceful development and advancing global cooperative development

(五)法治是确保进一步全面深化改革聚焦共同营造和平发展国际环境和推进全球合作发展的新动能

“Entering the New Era, China has achieved exchanges and dialogue among different civilizations with a broad mind.” [9]9 Xi Jinping, “Working Together to Build a Community with a Shared Future for Mankind,” speech at the United Nations Office at Geneva, January 18, 2017. Chinese-path rule-of-law modernization adheres to the purpose of taking the path of peaceful development and benefiting the world. In response to a series of important issues, such as the relatively prominent shortcomings in foreign-related rule of law, especially the fact that international rule of law concerns global governance and the breakthrough of world rule-of-law reform, all “urgently require seeking the best plan, the most convenient path, and the best political effect as well as economic, social, and legal effects through comparative law research.” [10]10 Gu Huaxiang, “Comparative Law Research and the Construction of the Foreign-Related Rule-of-Law System,” *Chinese Journal of Law* 45, no. 3 (2023): 5. Therefore, China should adhere to advancing the strategic layout of foreign-related rule of law, strengthening the research, application, and talent team building of international law, coordinating the advancement of domestic rule of law and foreign-related rule of law, focusing on “adjusting the relationship between domestic and international legal systems,” [11]11 Ibid., 8. especially strengthening the construction of the foreign-related rule-of-law system and capacity, attaching importance to enhancing the systematic and synergistic functions of domestic rule of law and foreign-related rule of law through comparative law research, precisely grasping the coordinating functions of different countries’ laws, analyzing the differences in legal systems of different countries, providing theoretical and technical support for the effective connection between domestic law and international law, deeply analyzing the applicable functions of international rules, helping courts accurately interpret and apply international treaties, practices, and rules based on differences in similar provisions across countries; comparatively analyzing the functions of rule-of-law declaration and leadership, helping courts accurately grasp the development trends of international rule of law, promoting the alignment of domestic rules with international standards; in hearing cases involving the Belt and Road Initiative, Chinese courts can draw on international commercial arbitration practices to form adjudicatory rules with exemplary effects, enhancing international society’s trust in China’s judiciary; combining comparative research on cases of conflict between international and domestic law, effectively mastering the art of international risk prevention and control and struggle, providing effective strategic support for responding to international legal conflicts; in response to U.S. “long-arm jurisdiction,” Chinese courts can cite the principle of “sovereign equality of states” established by the UN Charter for effective countermeasures; enhancing the functions of institutional innovation and optimized reform, comparative law research can provide international judicial references for the reform of foreign-related trial mechanisms, drawing on international commercial practical experience to design and optimize international commercial dispute and conflict resolution mechanisms, effectively improving judicial efficiency; in order to “actively provide adaptable public goods and high-quality international rule-of-law talents for maintaining the multilateral trading system and advancing the modernization of the world governance system and governance capacity,” [12]12 Ibid., 12. contributing Chinese rule-of-law wisdom to seeking the harmony and stability of world order. Adhere to practicing the Belt and Road Initiative, anchor and continuously release the dividends of foreign-related rule of law, continue to actively “form foreign-related legal expert and lawyer teams, establish a foreign-related legal service expert database, carry out international law and international rule training, introduce more foreign-related legal service institutions with international influence,” [13]13 Ibid., 15. strengthen comparative law research, and provide opportunities and achievements shared by all parties for the economic development and improvement of people’s livelihoods of partner countries in the initiative. “China has undergone earth-shaking changes, and the great rejuvenation of the Chinese nation has entered an irreversible historical process.” [14]14 Xi Jinping, “Speech at the Celebration of the 100th Anniversary of the Founding of the Communist Party of China,” July 1, 2021. To ensure the continuous advancement of this unprecedented great cause, it is necessary to firmly grasp the main theme of further deepening reform comprehensively and advancing Chinese-path modernization, adhere to promoting the integration of the basic tenets of Marxism with China’s specific realities and with the best of traditional Chinese culture, based on the world’s changes unseen in a century, the multi-point outbreak of international political disputes and military conflicts, especially the enormous challenges facing the global governance system, and the continuous characteristics of international relations such as the judicialization of political and diplomatic issues, fully implement the Global Governance Initiative, practice the global governance goal of “abiding by international rule of law and opposing threats of force and aggression,” [15]15 Xi Jinping, “Global Governance Initiative,” speech at the Boao Forum for Asia Annual Conference, March 28, 2023. actively accelerate the construction of an international rule-of-law theory and discourse system with distinct Chinese characteristics, the practical characteristics of international rule of law, and the special environment adapted to the changes unseen in a century, providing legal guarantees for effectively and steadily increasing global development cooperation, especially China’s high-quality development, high-level opening up, the steady and long-term progress of Chinese-path modernization, better safeguarding national and people’s interests through legal means, and promoting the building of a community with a shared future for mankind, and optimizing the international environment for Chinese-path modernization to achieve peaceful development.

“进入新时代,中国以宽广的胸襟实现了不同文明交流对话”,中国式法治现代化坚持以走和平发展道路和惠及世界为宗旨,针对涉外法治短板比较突出特别是国际法治事关全球治理和世界法治改革破局等一系列重要问题,都“亟待通过比较法学研究探求到最佳方案、最便捷路径和最好的政治效果以及经济社会效果与法治效果”。因此,中国应坚持推进涉外法治的战略布局,加强国际法的研究运用和人才队伍建设,统筹推进国内法治和涉外法治,注重“调整国内与国际的法律制度关系”,特别是加强涉外法治体系和能力建设,重视通过比较法学研究统筹提升国内法治和涉外法治的系统性、协同性功能,精准把握不同国家法律的协调功能,分析不同国家法律制度差异,为国内法与国际法的有效衔接提供理论和技术支持,深入分析国际规则适用功能,依据不同国家对同类规定的差异,帮助法院准确解释与适用国际条约、惯例和规则;比较分析法治宣示与引领功能,帮助法院准确把握国际法治的发展趋势,推动国内规则与国际接轨,中国法院在审理涉“一带一路”的案件中,可借鉴国际商事仲裁惯例,形成具有示范效应的裁判规则,增强国际社会对中国司法的信任度;结合对国际法与国内法冲突案例的比较研究,有效掌握国际风险防控与斗争艺术,为应对国际法律冲突提供有效策略支持,针对美国“长臂管辖”,中国法院可援引《联合国宪章》确立的“国家主权平等”原则进行有效反制;增强制度创新和优化改革功能,比较法学研究可为涉外审判机制改革提供国际司法参考,借鉴国际商事的实践经验,设计和优化国际商事纠纷和争端解决机制,有效提高司法效率;以利于“积极为维护多边贸易体制、推进世界治理体系和治理能力现代化提供适应性强的公共产品和高素质国际法治人才”,为寻求世界秩序的和谐稳定贡献中国法治智慧。坚持践行“一带一路”共建倡议,锚定并持续释放涉外法治红利,继续积极“组建涉外法律专家和律师团队,建立涉外法律服务专家库,开展国际法律及国际规则培训,引进更多有国际影响力的涉外法律服务机构”,加强比较法学研究,为共建伙伴的经济发展和民生改善提供各方共享的机遇与成果。“中国发生沧海桑田的巨大变化,中华民族伟大复兴进入了不可逆转的历史进程”,确保把这一前无古人的伟大事业不断推向前进,必须牢牢把握进一步全面深化改革、推进中国式现代化的主旨主题,坚持推进马克思主义基本原理同中国具体实际相结合、同中华优秀传统文化相结合,立足世界百年变局、国际政治争端和军事冲突多点爆发,尤其是全球治理体系面临的巨大挑战,国际关系持续呈现政治外交问题司法化等特点,全面落实全球治理倡议,践行“遵守国际法治,反对武力威胁和侵略”的全球治理目标,积极加快构建具有鲜明中国特色、国际法治实践特点和适应百年变局特殊环境的国际法治理论与话语体系,为有效稳步加大全球发展合作特别是中国高质量发展、高水平开放、中国式现代化行稳致远、用法治方式更好维护国家和人民利益、推动构建人类命运共同体等提供法治保证,优化中国式现代化实现和平发展的国际环境。

III. Strengthen Rule-of-Law Thinking and Rule-of-Law Methods, Deeply Advance Chinese-Path Modernization

三、强化法治思维和法治方式,深入推进中国式现代化建设

(1) It is necessary to adhere to the important principle of unifying and coordinating reform and the rule of law to promote further deepening reform comprehensively

(一)必须坚持改革和法治相统一相协同推进进一步全面深化改革的重要原则

Adhere to “advancing reform and the rule of law simultaneously, enhancing the penetrating power of reform. We must be adept at using legal thinking and legal methods to resolve reform difficulties, consolidate reform achievements, and achieve the unity of reform and the rule of law.” Therefore, the rule of law cannot be separated from the impetus of further deepening reform comprehensively, and further deepening reform comprehensively cannot be separated from the guarantee, regulation, and guidance of the rule of law. In perfecting the socialist legal system with Chinese characteristics through further deepening reform comprehensively, we should persist in continuously deepening further comprehensive reform in the legal field and promptly elevate reform achievements into institutional norms. To enable the rule of law to safeguard and escort deepening reform and innovation in all areas of Chinese-path modernization, fully playing its important role of consolidating foundations, stabilizing expectations, and benefiting the long term, and ensuring that systems in all aspects become more mature, more定型[n], and more standardized, we must insist on unifying reform and the rule of law within the development and perfection of the socialist system with Chinese characteristics, and within the modernization of the national governance system and governance capacity, consciously following a methodology that unifies historical logic and theoretical logic. This is just as Engels said in *Karl Marx’s “A Contribution to the Critique of Political Economy”*: “Where history begins, the course of thought must also begin, and the further development of the course of thought is merely the reflection of the historical process in an abstract and theoretically consistent form; this reflection is corrected, but corrected according to the laws that the actual historical process itself provides, and then each factor can be examined at the point of its development where it has reached full maturity and typicality.” And by this means, we ensure that we always use scientific methods to guide and advance further deepening reform comprehensively, achieving the advancement of reform under the rule of law and the perfection of the rule of law within reform, so that the two interact positively and complement each other. This is conducive to further perfecting the socialist market economy system, guiding reform with the new development concept, basing ourselves on the new stage of development, deepening supply-side structural reform, perfecting the incentive and constraint mechanisms for promoting high-quality development, shaping new drivers and new advantages for development, and ensuring that we continue to create a new situation for further deepening reform comprehensively and for Chinese-path modernization.

坚持“改革和法治同步推进,增强改革的穿透力。要善于运用法治思维和法治方式破解改革难题,巩固改革成果,做到改革和法治相统一。”因此,法治离不开进一步全面深化改革的推动,进一步全面深化改革也离不开法治的保障、规范和引领。在进一步全面深化改革中完善中国特色社会主义法治体系,就应坚持不断深化法治领域的进一步全面深化改革,及时把改革成果上升为制度规范。让法治为深化中国式现代化各领域的改革创新保驾护航,充分发挥固根本、稳预期、利长远的重要作用,确保各方面的制度更加成熟更加定型和规范,就必须坚持把改革与法治统一于中国特色社会主义制度的发展与完善之中、统一于国家治理体系和治理能力现代化之中,自觉遵从历史逻辑与理论逻辑相统一的方法论,这正如恩格斯在《卡尔·马克思〈政治经济学批判〉》中所说的:“历史从哪里开始,思想进程也应当从哪里开始,而思想进程的进一步发展不过是历史过程在抽象的、理论上前后一贯的形式上的反映;这种反映是经过修正的,然而是按照现实的历史过程本身的规律修正的,这时,每一个要素可以在它完全成熟而具有典型性的发展点上加以考察”,并以此确保始终用科学方法指导和推进进一步全面深化改革,做到在法治下推进改革,在改革中完善法治,实现二者良性互动、相得益彰,有利于进一步完善社会主义市场经济体制,以新发展理念引领改革,立足新发展阶段,深化供给侧结构性改革,完善推动高质量发展激励约束机制,塑造发展新动能新优势,确保持续开创进一步全面深化改革和中国式现代化的新局面。

(2) It is necessary to ensure that Chinese-path modernization advances deeply in the synergy of further deepening reform comprehensively and the rule of law

(二)必须确保中国式现代化建设在进一步全面深化改革和法治相协同中深入推进

Further deepening reform comprehensively and the rule of law are mutually dependent and complementary. To continuously perfect the socialist legal system with Chinese characteristics, we must further deepen reform in the legal field. To use the force of reform to remove resistance, consolidate achievements, and perfect the rule of law, we must be adept at using legal thinking and legal methods to advance reform. The rule of law is an important pillar of the modernization of the national governance system and governance capacity, and it is the master key for comprehensively advancing law-based governance. “‘Rule of law reform’ has a goal consistent with the overall goal of further deepening reform comprehensively,” and the implementation of deeper-level reform measures requires even more the strong guarantee and deep advancement of the rule of law. “The socialist legal system with Chinese characteristics is essentially the legal expression of the socialist system with Chinese characteristics.” It is an important component of Xi Jinping Thought on the Rule of Law and an important part of the socialist system with Chinese characteristics. “The socialist system with Chinese characteristics is the fundamental institutional foundation of the socialist legal system with Chinese characteristics, and it is the fundamental institutional guarantee for comprehensively advancing law-based governance.” It is also an important guarantee for further deepening reform comprehensively. The decision of the Third Plenary Session of the 20th Central Committee of the CPC proposed a series of new ideas, new tasks, and new measures such as “synergistically advancing reform in the links of legislation, law enforcement, judiciary, and law-abiding” and the “reform” of the rule of law itself. The proposal of the Fourth Plenary Session of the 20th Central Committee [16]16 The Fourth Plenary Session of the 20th Central Committee of the CPC, held in 2024, focused on advancing the modernization of the national governance system and governance capacity, with proposals for socialist democratic politics and the rule of law. proposed tasks and goals such as “advancing the construction of socialist democratic politics and the rule of law” and “adhering to comprehensive law-based governance, synergistically advancing scientific legislation, strict law enforcement, impartial judiciary, and universal law-abiding.” This requires that during the 15th Five-Year Plan period, the construction of a rule-of-law China “pay more attention to the synergy of the rule of law with reform, development, and stability, and pay more attention to guaranteeing and promoting social fairness and justice.” Facing the complex and ever-changing international and domestic situation, facing a new round of scientific and technological revolution and industrial transformation, and facing the new expectations of the people, during the 15th Five-Year Plan period, building a more complete socialist legal system with Chinese characteristics, further using the rule of law to consolidate and highlight the superiority of the socialist system, vigorously advancing the construction of a law-based government, comprehensively promoting impartial judiciary, legally guaranteeing and promoting social fairness and justice, strengthening the construction of the foreign-related legal system and capacity, maintaining national security and social stability, consolidating the foundation for building a higher-level socialist rule-of-law state, and providing a solid legal guarantee for ensuring decisive progress in basically realizing socialist modernization, and creating a new situation for the construction of a rule-of-law China — all of this is inseparable from the key measure of synergy between reform and the rule of law. We must take history as a mirror, civilization as a perspective, and the rule of law as a guarantee, focus on the great cause of building a strong country and the rejuvenation of the nation, comprehensively advance the legalization of all aspects of national work, attach importance to examining and drawing on the development experience of world rule-of-law civilization and Chinese rule-of-law civilization, further perfect the national security legal system, strategic system, policy system, and risk prevention and control system, continuously deepen and advance and innovate the systems and mechanisms conducive to the cultivation and development of new quality productive forces, strengthen the paths and methods for the synergistic advancement of the rule of law and reform under the background of economic globalization, Chinese-path modernization, digitalization, and high-quality development, and continuously promote the synergy between the rule of law and further deepening reform comprehensively.

进一步全面深化改革和法治是相互依存、相得益彰的关系。不断完善中国特色社会主义法治体系,就必须进一步深化法治领域的改革,而以改革之力排除阻力、巩固成果,完善法治,则必须善于运用法治思维和法治方式推进改革。法治是国家治理体系和治理能力现代化的重要依托,是全面推进依法治国的总抓手,“‘法治改革’的目标是与进一步全面深化改革的总目标相一致的”,而更深层次改革举措的落实,则更加需要法治的有力保障和深入推进。“中国特色社会主义法治体系,本质上是中国特色社会主义制度的法律表现形式”,是习近平法治思想的重要内容,是中国特色社会主义制度的重要组成部分。“中国特色社会主义制度是中国特色社会主义法治体系的根本制度基础,是全面推进依法治国的根本制度保障”,也是进一步全面深化改革的重要保障。党的二十届三中全会决定提出了“协同推进立法、执法、司法、守法各环节改革”及法治自身“改革”等一系列新思想新任务新举措;党的二十届四中全会建议提出“推进社会主义民主法治建设”“坚持全面依法治国,协同推进科学立法、严格执法、公正司法、全民守法”等目标任务,这就需要“十五五”时期的法治中国建设“更加注重法治与改革、发展、稳定相协同,更加注重保障和促进社会公平正义”,而面对纷繁复杂的国际国内形势,面对新一轮科技革命和产业变革,面对人民群众新期待,“十五五”期间,建设更加完善的中国特色社会主义法治体系,进一步以法治巩固和彰显社会主义制度优势,着力推进法治政府建设,全面推进公正司法,依法保障和促进社会公平正义,加强涉外法治体系和能力建设,维护国家安全和社会稳定,夯实建设更高水平的社会主义法治国家基础,为确保基本实现社会主义现代化取得决定性进展提供坚实法治保障,开创法治中国建设新局面,都离不开改革和法治相协同这一关键举措。必须以历史为镜、以文明为观、以法治为保障,聚焦强国建设、民族复兴伟业,全面推进国家各方面工作法治化,重视考察和借鉴世界法治文明与中华法治文明的发展经验,进一步健全国家安全法治体系、战略体系、政策体系、风险防控体系,持续深入推进和创新有利于新质生产力培育和发展的体制与机制,强化经济全球化、中国式现代化、数字化和高质量发展背景下法治与改革协同推进的路径方法,持续促进法治与进一步全面深化改革相协同。

(3) It is necessary to deeply advance the modernization of the national governance system and governance capacity within the overall planning of deepening the rule of law and reform

(三)必须在深化法治和改革的统筹中深入推进国家治理体系和治理能力现代化

To firmly grasp the profound revolution in national governance that is law-based governance in all respects, and to continuously improve and develop the system of socialism with Chinese characteristics and advance the modernization of China’s system and capacity for governance, it is necessary to further strengthen legal publicity and education for the entire Party and the whole society, to focus on improving leading cadres’ ability to use legal thinking and legal methods to deepen reform, promote development, resolve contradictions, maintain stability, and respond to risks, and to raise the legal awareness of the people and the level of law-based social governance; to persist in deepening the reform of the working mechanisms and systems for neighboring countries, deepen all-round cooperation with neighboring countries, improve the system of foreign-related laws and regulations, properly manage and control differences and disputes, actively build a community with a shared future with neighboring countries, consolidate strategic mutual trust with neighboring countries, jointly maintain international peace and stability, and jointly respond to risks and challenges; to improve the mechanisms for building a law-based society, improve the legal systems and mechanisms for preventing and cracking down on violent terrorism, infiltration, subversion, and sabotage activities at home and abroad in accordance with the law, improve the working mechanisms for city-level governance, social governance, border governance, and for stabilizing and consolidating borders and ensuring lasting peace and stability, and strengthen the coordination of law-based governance and comprehensive policy application. Attention must be paid to lawfully addressing the issue of lawless elements using artificial intelligence technology to infringe upon the legitimate rights and interests of citizens, legal persons, and other organizations. It is necessary to persist in governing the online ecosystem in accordance with laws, administrative regulations, and departmental rules, to focus on the approach of combining law-based governance with reform, to strengthen preventive measures combining human and technical defenses, to strengthen multi-party governance including proactive prevention, technical monitoring, complaint mechanisms, and legal accountability, and to improve long-term mechanisms; to regulate in accordance with the law the content generated or synthesized by artificial intelligence, and to build a co-governance mechanism linking legal norms, proactive regulation, platform responsibility, and user coordination; to focus on enhancing the foresight, precision, systematicity, and coordination of online governance, to effectively prevent the abuse of AI technology, to lawfully maintain a clean and upright ecological environment in cyberspace, and to ensure both the full use of AI technology to promote high-quality economic and social development and the people’s full enjoyment of the convenience brought by modern information technology in their lives. It is necessary to persist in strengthening the legal guidance and promotion of high-quality development, to achieve a positive interaction between high-quality development and high-level security, to focus on promoting the extension of high-quality legal services to border areas, to enhance the legal awareness of the people, especially young people, and to use the rule of law to gather strength for forging a strong sense of community for the Chinese nation. Attention must be paid to using the measures of further deepening reform comprehensively to improve the legal system for early warning, governance, and post-incident handling of major public emergencies, and to improve the social governance system combining autonomy, the rule of law, and the rule of virtue, with the rule of law as the mainstay. Attention must be paid to using the new governance form of the “Digital Fengqiao”[17]17 The “Digital Fengqiao” refers to the application of digital technologies (such as big data, cloud computing, and artificial intelligence) to modernize and enhance the “Fengqiao Experience,” a grassroots social governance model originating from Fengqiao Town, Zhejiang Province, in the 1960s, which emphasizes resolving conflicts at the local level through mass participation and mediation. to guide the concentration of resource elements on improving the construction of a law-based government, to focus on endowing the “Fengqiao Experience”[18]18 The “Fengqiao Experience” is a grassroots governance model originating from Fengqiao Town, Zhejiang Province, in the 1960s, which emphasizes resolving conflicts at the local level through mass participation and mediation. It has been promoted nationwide and updated for the New Era. with the legal connotation, positioning, and function of the New Era, to build a system that is both good at coordination and better at gathering synergy to promote high-quality comprehensive governance, to ensure the further “strengthening of the backbone of ideals and the ballast of faith, and the maintenance of strong strategic resolve,” to continuously innovate the legal mechanisms for social governance, border governance, and neighboring country work, to anchor the goal of building a vibrant and internationally competitive region, to make every effort to promote the formation of a strategic fulcrum for the new development pattern, a demonstration zone for high-quality development, and a leading zone for Chinese-path modernization, and to ensure the high-quality advancement of Chinese-path modernization on the track of the rule of law.

坚持牢牢把握全面依法治国这场国家治理的深刻革命,持续完善和发展中国特色社会主义制度、推进国家治理体系和治理能力现代化,必须进一步加强全党全社会的法治宣传教育,着力提高领导干部运用法治思维和法治方式深化改革、推动发展、化解矛盾、维护稳定、应对风险的能力,提升全民法治素养和社会治理法治化水平;坚持深化周边工作体制机制改革,深化与周边国家的全方位合作,完善涉外法律法规体系,妥善管控矛盾分歧,积极构建周边命运共同体,巩固与周边国家的战略互信,共同维护国际和平稳定,共同应对风险挑战;完善法治社会建设机制,健全依法防范和打击境内外暴力恐怖、渗透、颠覆和破坏活动的法治体制机制,健全市域治理、社会治理、边疆治理和稳边固边、长治久安的工作机制,强化法治统筹与综合施策。重视依法治理不法分子利用人工智能技术手段侵害公民、法人和其他组织合法权益的问题,必须坚持依据法律、行政法规和部门规章治理网络生态,注重以法治+改革的思路,加强人防+技防的防范措施,强化主动预防、技术检测、投诉机制和法律追责等多方治理,健全长效机制;依法规范人工智能生成、合成等内容,构建起法律规范、主动监管、平台责任、用户联动的共治机制;着力提升网络治理的前瞻性、精准性、系统性、协同性,切实防范AI技术滥用,依法维护网络社会风清气正的生态环境,确保既充分运用AI技术促进经济社会高质量发展,也保障人民群众充分享受现代信息技术给生活带来的便利。坚持强化高质量发展的法治引领与推进,实现高质量发展和高水平安全的良性互动,重视推动优质法律服务向沿边地区倾斜,增强群众特别是青少年的法治观念,以法治汇聚铸牢中华民族共同体意识的力量。重视以进一步全面深化改革之策健全重大突发公共事件的预警、治理和善后处置的法治体系,健全自治、法治、德治相结合,以法治为主的社会治理体系。重视运用“数字枫桥”的治理新形态,引导资源要素向完善法治政府建设集聚,重视赋予“枫桥经验”新时代的法治内涵、定位和功能,构建既善于协同,又能更好凝聚推动高质量综合治理的合力,确保进一步“坚定理想的主心骨、筑牢信念的压舱石,保持强大的战略定力”,持续创新社会治理、边疆治理和周边工作的法治机制,锚定建设富有活力和国际竞争力的目标,全力推进形成新发展格局的战略支点、高质量发展的示范地、中国式现代化的引领地,确保在法治轨道上高质量推进中国式现代化建设。

(4) It is necessary to persist in strengthening the rule of law as the powerful driving force and institutional guarantee for advancing further deepening of reform comprehensively and Chinese-path modernization

(四)必须坚持强化法治这一推进全面深化改革和中国式现代化建设的强大动力与制度保障

The “Decision”[19]19 The “Decision” refers to the “Decision of the Central Committee of the Communist Party of China on Further Deepening Reform Comprehensively to Advance Chinese-Style Modernization,” adopted at the Third Plenary Session of the 20th Central Committee of the CPC in July 2024. emphasizes that “the rule of law is an important guarantee for Chinese-path modernization,” and the “Proposal”[20]20 The “Proposal” refers to the “Proposal of the Central Committee of the Communist Party of China on Formulating the 14th Five-Year Plan for National Economic and Social Development and the Long-Range Objectives Through the Year 2035,” adopted at the Fifth Plenary Session of the 19th Central Committee of the CPC in October 2020. clarifies the main goal of “reaching a higher level in building a socialist country under the rule of law,” involving deepening reform in the legislative field, deeply advancing law-based administration, improving the systems and mechanisms for fair law enforcement and judicial administration, improving mechanisms for advancing border governance and building a law-based society, and strengthening the construction of foreign-related rule of law. Added to this are the series of tasks proposed in the Proposal, such as leading the development of new quality productive forces, building a strong domestic market, enhancing the driving force for high-quality development, expanding high-standard opening up, accelerating agricultural and rural modernization, promoting coordinated regional development, stimulating the cultural innovation and creativity of the entire nation, solidly advancing common prosperity for all the people, building a beautiful China, building a higher-level Peaceful China, and advancing the modernization of national defense and the armed forces with high quality. In the fields of rule of law and reform, there is an urgent need to strengthen the driving force for advancement and institutional guarantees. It is necessary to continuously deepen economic system reform, build a modern economic system, and optimize structural adjustment and power conversion; deepen supply-side structural reform, fill the shortcomings in the rule of law and institutions, deeply advance the construction of a unified national market, optimize the allocation of factors, and improve the quality and efficiency of the supply system; promote better compatibility between relations of production and productive forces, between the superstructure and the economic base, and between national governance and social development, providing powerful driving force and institutional guarantees for Chinese-path modernization; seize the opportunities of digitalization, intelligence, integration, and greening, promote innovation-driven development, use digital and intelligent technologies such as AI to promote innovation, accelerate breakthroughs in basic theories and core technologies, further strengthen the legal regulation and efficient supply of computing power, algorithms, and data, ensure the precise and efficient processing of massive data information and the continuous improvement of computing power service capabilities, and strengthen the legal guarantees, regulations, and guidance for the deep integration of AI technology into high-quality development; persist in consolidating the foundation of people’s livelihood through further deepening reform comprehensively, focus on strengthening the combination and coordination of AI with various reforms for ensuring and improving people’s livelihood, and attach importance to the basic function of the rule of law “in promoting the innovative development of artificial intelligence and driving economic growth, while strictly implementing the employment-first principle and focusing on expanding the overall employment opportunities for workers,” ensuring the continuous growth of the people’s income, and so on. All of these urgently require the rule of law to guarantee and guide the continuous advancement of further deepening reform comprehensively. However, whether it is the rule of law, or further deepening reform comprehensively and Chinese-path modernization, especially in meeting the new requirements of high-quality development, the task of “building an AI governance mechanism with the rule of law as the core and various specific mechanisms under the leadership of the rule of law” remains very arduous, and enhancing the driving force of the rule of law and reform and the institutional guarantee capacity for Chinese-path modernization is even more urgent.

《决定》强调“法治是中国式现代化的重要保障”,《建议》明确了“社会主义法治国家建设达到更高水平”的主要目标,涉及深化立法领域改革、深入推进依法行政、健全公正执法司法体制机制、完善推进边疆治理和法治社会建设机制、加强涉外法治建设,再加之建议提出的引领发展新质生产力、建设强大国内市场、增强高质量发展动力、扩大高水平对外开放、加快农业农村现代化、促进区域协调发展、激发全民族文化创新创造活力、扎实推进全体人民共同富裕、建设美丽中国、建设更高水平平安中国、高质量推进国防和军队现代化等一系列任务,法治与改革领域亟待强化动力推进和制度保障。持续深化经济体制改革,构建现代化经济体系,优化结构调整和动力转换;深化供给侧结构性改革,补齐法治与制度短板,纵深推进全国统一大市场建设,优化要素配置,提高供给体系的质量和效率;推动生产关系和生产力、上层建筑和经济基础、国家治理和社会发展更好相适应,为中国式现代化提供强大动力和制度保障;抢抓数字化、智能化、融合化、绿色化机遇,推动创新驱动发展,运用AI等数智技术促进创新,加快突破基础理论和核心技术,进一步强化算力、算法、数据等的法治规范和高效供给,确保精准高效处理海量数据信息和持续提升算力服务能力,强化AI技术深度融入高质量发展的法治保障、规范和引领;坚持通过进一步全面深化改革夯实民生之本,注重加强AI同保障和改善民生的各项改革相结合相统筹,重视法治“在促进人工智能创新发展、驱动经济增长的同时,严格贯彻就业优先原则,着力扩大劳动者总体就业机会”的基本功能,确保群众收入持续增长等等,都更加迫切需要法治保障和引领进一步全面深化改革持续推进。但无论是法治,还是进一步全面深化改革和中国式现代化,特别是顺应高质量发展的新要求,“建设以法治为核心的赋能型人工智能治理机制以及法治统领下的各项具体机制”的任务还十分艰巨,提升中国式现代化的法治和改革推动力与制度保障力仍更显紧迫。

(5) It is necessary to ensure that the rule of law and further deepening reform comprehensively serve the implementation of the holistic approach to national security

(五)必须确保法治与进一步全面深化改革服务于总体国家安全观的贯彻落实

The *Proposal* clarifies the requirements for advancing the modernization of the national security system and capacity, ensuring that society is both vibrant and orderly. To this end, unswervingly implementing a holistic approach to national security requires “fully leveraging the political and institutional advantages of Party leadership, persistently securing political security as the core,” and insisting on endowing further comprehensive deepening of reform and rule-of-law construction with the duties and tasks of safeguarding national unity, opposing separatism, promoting solidarity and stability, and advancing the building of the Chinese nation as a community; endowing them with the requirement of improving people’s livelihoods and rallying popular support; and rallying the will and strength of the masses as broadly as possible, uniting as one to overcome all risks and challenges together. It is necessary to strengthen the function of the rule of law and reform in coordinating development and security, using further comprehensive deepening of reform as the driving force, strategic planning as the guide, sound policies and measures as the lever, the rule of law as the bottom-line guarantee, and risk prevention and control as the key, so as to resolve at the source the risks and hidden dangers that threaten national security, public security, and social governance. National security is the foundation of national rejuvenation. To unswervingly and comprehensively implement a holistic approach to national security and improve the systems and mechanisms for safeguarding national security, both the rule of law and reform must deeply grasp the key point that security is the fundamental interest of the state. Attention must be paid to “constructing a systematized ‘four beams and eight pillars’[21]21 “Four beams and eight pillars” (四梁八柱) is a Chinese architectural metaphor for a basic framework or main structure, often used in policy contexts to refer to the core components of a system. of national security legislation; increasing legislation in non-traditional security fields, promptly filling legislative gaps in important areas; advancing the process of ‘establishing, amending, and abolishing’ national security legislation, increasing the frequency of legal iteration; and using foreign-related rule of law as an important tool of struggle,” so as to enhance the legal capacity to respond to and counter sanctions, interference, and “long-arm jurisdiction” struggles; resolutely block and curb serious acts that severely undermine the post-war international order and international law, especially all serious provocations against China’s sovereignty and territorial integrity, serious interference in China’s internal affairs, and words and deeds that harm China’s core interests. Special laws should be enacted to resolutely curb and severely crack down on such acts, ensuring the further improvement and strengthening of the legal system, strategic defense system, policy containment system, risk prevention and control system, and risk monitoring and early warning system for safeguarding national security and sovereignty. Adhering to the goal of coordinating high-quality development and high-level security, we must improve the rule of law in traditional security fields such as grain and seed reserves, energy resources, core technologies, infrastructure, important equipment, water resources, industrial and supply chains, strategic corridors, strategic hinterland construction, and industrial backups, as well as in emerging security fields such as data information, artificial intelligence, network transmission, biology and ecology, nuclear, deep sea, polar regions, space, and low-altitude domains, ensuring China’s high-quality development and high-level security. Adhering to the use of rule-of-law construction and further comprehensive deepening of reform to continuously improve foreign-related national security mechanisms, we must build an overseas security guarantee system and a linked and efficient protection system, and strengthen the construction of systems and mechanisms for early warning, prevention, and protection of overseas Chinese, national interests, and investment risks. We must improve mechanisms for participating in global security governance, deepen international law enforcement and judicial cooperation in the security field, and improve the legalized and normalized work system for safeguarding national security, ensuring that high-level security escorts the steady and long-term progress of Chinese-path modernization.

《建议》明确了推进国家安全体系和能力现代化,确保社会生机勃勃又井然有序的要求。为此,坚定不移贯彻总体国家安全观,必须“充分发挥党的领导的政治优势、制度优势,持之以恒把牢政治安全这个核心”,坚持赋予进一步全面深化改革与法治建设维护国家统一、反对分裂、维护团结与稳定和推进中华民族共同体建设的职责与任务,赋予其改善民生、凝聚人心的要求,最广泛地凝聚起人民群众的意志和力量,万众一心共同战胜一切风险挑战。必须强化法治和改革统筹发展和安全的功能,以进一步全面深化改革为动力,以战略擘画为先导,以健全政策措施为抓手,以法治为兜底保障,以风险预防和控制为关键,从源头上化解危害国家安全、公共安全和社会治理的风险隐患。国家安全是民族复兴的根基,坚定不移全面贯彻总体国家安全观,完善维护国家安全的体制机制,法治与改革都必须深刻把握安全是国家利益的根本所在这一关键,重视“建构体系化的国家安全立法‘四梁八柱’;加大非传统安全领域的立法力度,及时填补重要领域的立法空白;推进国家安全立法‘立改废’进程,提高法律迭代频率;将涉外法治作为重要斗争工具”,提高依法应对和反制裁、反干预、反“长臂管辖”斗争的法治能力;坚决阻击、遏制严重破坏战后国际秩序和国际法特别是一切针对中国主权和领土完整的严重挑衅行为、严重干涉中国内政、危害中国核心利益的言行,应当有专门法律予以坚决遏阻和严厉打击,确保进一步健全和强化维护国家安全和主权的法治体系、战略防御体系、政策遏制体系、风险防控体系和风险监测预警体系。坚持聚焦统筹高质量发展和高水平安全的目标要求,健全粮食和种子储备、能源资源、核心技术、基础设施、重要装备、水资源、产业链供应链、战略通道、战略腹地建设、产业备份等传统领域安全和数据信息、人工智能、网络传输、生物生态、核、深海、极地、太空、低空等新兴领域安全的法治,确保中国的高质量发展和高水平安全。坚持以法治建设和进一步全面深化改革持续完善涉外国家安全机制,构建海外安全保障体系和联动高效的防护体系,强化海外华人、国家利益和投资风险预警、防控、保护等体制机制的构建。完善参与全球安全治理机制,深化安全领域国际执法司法合作,健全维护国家安全的法治化常态化工作体系,确保以高水平安全护航中国式现代化行稳致远。

Historical experience teaches us: only reformers advance, only those who uphold the rule of law are strong, and only those who coordinate reform and the rule of law prevail. To implement the strategic decisions and deployments of the Party Central Committee and ensure that the rule of law and further comprehensive deepening of reform closely revolve around the advancement of Chinese-path modernization, we must consciously adhere to the guidance of Xi Jinping Thought on the Rule of Law, follow the principle of unifying and coordinating the rule of law and reform, always clearly understand the “goals and historical missions” of the rule of law and reform under specific historical conditions, focus on the Party’s central tasks to plan and promote the comprehensive implementation of the overall task and panoramic blueprint of Chinese-path modernization, follow the scientific method of upholding fundamental principles and breaking new ground, proactively use the rule-of-law way of thinking and the driving force of reform to solve difficulties, resolve risks, and meet challenges, and comprehensively consolidate the rule-of-law guarantee system for the high-quality construction of Chinese-path modernization.

历史经验启示我们:惟改革者进,惟法治者强,惟改革与法治协同推进者胜。落实党中央的战略决策部署,确保法治和进一步全面深化改革紧紧围绕中国式现代化建设推进,必须自觉坚持以习近平法治思想为引领,遵循法治与改革相统一相协同的原则,始终明晰具体历史条件下法治与改革的“目标和它的历史使命”,聚焦党的中心任务谋划和推进中国式现代化总任务和全景图的全面落实,遵循守正创新的科学方法,主动运用法治思维方式和改革动力破难题、化风险、遏挑战,全面夯实中国式现代化高质量建设的法治保障体系。

Author’s brief introduction: Gu Huaxiang, Deputy Director of the Party History and Literature Research Institute of the CPC Xinjiang Uygur Autonomous Region Committee, Outstanding Jurist of Xinjiang (first session), Professor, Master’s Supervisor.

作者简介:顾华详,中共新疆维吾尔自治区委员会党史和文献研究院副院长,新疆优秀法学家(首届)、教授、硕导。

Notes

  1. The 15th Five-Year Plan refers to China's national economic and social development plan for the period 2026-2030. ↩
  2. The Four-Pronged Comprehensive Strategy is a strategic layout proposed by the CPC, comprising comprehensively building a moderately prosperous society, comprehensively deepening reform, comprehensively governing the country according to law, and comprehensively and strictly governing the Party. ↩
  3. This appears to be a quotation from a scholarly work critiquing Western modernization theory, though the specific source is not identified in the original text. ↩
  4. The “Six Upholds” (六个坚持) are a set of principles guiding reform, including upholding the Party’s comprehensive leadership, the people-centered approach, the rule of law, systematic concepts, and other key tenets. ↩
  5. The 15th Five-Year Plan period refers to the national economic and social development plan for 2026–2030. ↩
  6. The “bull’s nose” (牛鼻子) is a Chinese idiom for the key link or crucial point in a complex task, which, once grasped, drives the whole process forward. ↩
  7. Niklas Luhmann, *Law as a Social System*, trans. Klaus A. Ziegert (Oxford: Oxford University Press, 2004), 148. ↩
  8. “Flies and ants that engage in corruption” (蝇贪蚁腐) is a Chinese political metaphor for low-level, petty corruption that directly harms the interests of ordinary people, often involving grassroots officials. ↩
  9. Xi Jinping, “Working Together to Build a Community with a Shared Future for Mankind,” speech at the United Nations Office at Geneva, January 18, 2017. ↩
  10. Gu Huaxiang, “Comparative Law Research and the Construction of the Foreign-Related Rule-of-Law System,” *Chinese Journal of Law* 45, no. 3 (2023): 5. ↩
  11. Ibid., 8. ↩
  12. Ibid., 12. ↩
  13. Ibid., 15. ↩
  14. Xi Jinping, “Speech at the Celebration of the 100th Anniversary of the Founding of the Communist Party of China,” July 1, 2021. ↩
  15. Xi Jinping, “Global Governance Initiative,” speech at the Boao Forum for Asia Annual Conference, March 28, 2023. ↩
  16. The Fourth Plenary Session of the 20th Central Committee of the CPC, held in 2024, focused on advancing the modernization of the national governance system and governance capacity, with proposals for socialist democratic politics and the rule of law. ↩
  17. The “Digital Fengqiao” refers to the application of digital technologies (such as big data, cloud computing, and artificial intelligence) to modernize and enhance the “Fengqiao Experience,” a grassroots social governance model originating from Fengqiao Town, Zhejiang Province, in the 1960s, which emphasizes resolving conflicts at the local level through mass participation and mediation. ↩
  18. The “Fengqiao Experience” is a grassroots governance model originating from Fengqiao Town, Zhejiang Province, in the 1960s, which emphasizes resolving conflicts at the local level through mass participation and mediation. It has been promoted nationwide and updated for the New Era. ↩
  19. The “Decision” refers to the “Decision of the Central Committee of the Communist Party of China on Further Deepening Reform Comprehensively to Advance Chinese-Style Modernization,” adopted at the Third Plenary Session of the 20th Central Committee of the CPC in July 2024. ↩
  20. The “Proposal” refers to the “Proposal of the Central Committee of the Communist Party of China on Formulating the 14th Five-Year Plan for National Economic and Social Development and the Long-Range Objectives Through the Year 2035,” adopted at the Fifth Plenary Session of the 19th Central Committee of the CPC in October 2020. ↩
  21. “Four beams and eight pillars” (四梁八柱) is a Chinese architectural metaphor for a basic framework or main structure, often used in policy contexts to refer to the core components of a system. ↩