Deeply Understanding the Great Significance of “Upholding the Organic Unity of Law-Based Governance and Rule-Based Governance over the Party”
周叶中:深刻理解“坚持依法治国和依规治党有机统一”的重大意义
Xi Jinping Thought on the Rule of Law, as the latest achievement in adapting Marxist legal theory to the Chinese context and the needs of the times, is a major innovative development in the theory of socialist rule of law with Chinese characteristics, an important component of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, and the fundamental guidance and action guide for comprehensively governing the country by law in the New Era. In particular, Xi Jinping Thought on the Rule of Law creatively proposes upholding the organic unity of law-based governance and rule-based governance over the Party, enabling law-based governance and rule-based governance over the Party to achieve integration and coherence on the track of the rule of law. This is a distinctive hallmark that distinguishes Xi Jinping Thought on the Rule of Law from Western rule-of-law theories. Approved by the Party Central Committee, the recently published *Study Outline of Xi Jinping Thought on the Rule of Law (2025 Edition)* [1]1 The Sixth Plenary Session of the 19th Central Commission for Discipline Inspection: A meeting of the Party’s top anti-corruption body held in January 2022, focused on reviewing disciplinary work and setting priorities for Party governance. lists “upholding the organic unity of law-based governance and rule-based governance over the Party” as the “Twelfth Upholding” among the core tenets of Xi Jinping Thought on the Rule of Law, emphasizing that “the country is governed both according to the Constitution and laws, and the Party is managed and governed strictly according to intra-Party regulations,” [2]2 The Fourth Plenary Session of the 20th Central Committee of the CPC: A plenary meeting of the Party’s central leadership, held in 2024, which discussed and adopted decisions on further deepening reform and advancing Chinese modernization. fully reflecting the new achievements in the enrichment and development of Xi Jinping Thought on the Rule of Law.
习近平法治思想作为马克思主义法治理论中国化时代化的最新成果,是中国特色社会主义法治理论的重大创新发展,是习近平新时代中国特色社会主义思想的重要组成部分,是新时代全面依法治国的根本遵循和行动指南。特别是习近平法治思想创造性提出坚持依法治国和依规治党有机统一,使依法治国和依规治党在法治轨道上实现融合、贯通,这是习近平法治思想区别于西方法治理论的一大显著标识。经党中央批准,近日出版的《习近平法治思想学习纲要(2025年版)》把“坚持依法治国和依规治党有机统一”作为习近平法治思想核心要义的“第十二个坚持”,强调“既依据宪法法律治国理政,又依据党内法规管党治党、从严治党”,充分体现了习近平法治思想丰富发展的新成果。
I. “Upholding the Organic Unity of Law-Based Governance and Rule-Based Governance over the Party” Is a Core Tenet of Xi Jinping Thought on the Rule of Law
一、“坚持依法治国和依规治党有机统一”是习近平法治思想的核心要义
“Upholding the organic unity of law-based governance and rule-based governance over the Party” is a scientific theoretical achievement, made by the Party Central Committee with Comrade Xi Jinping at its core from the strategic height concerning the Party’s long-term governance and the nation’s enduring peace and stability. It closely integrates the governance of the country and the governance of the Party, bases itself on the requirements for institutionalization, standardization, and proceduralization in governing the Party and the country in the New Era, and continuously improves the mechanism for coordinating and linking intra-Party regulations with national laws and regulations. It fully embodies the theoretical and practical innovations of the Party’s leadership in rule-of-law construction and is a core tenet of Xi Jinping Thought on the Rule of Law.
“坚持依法治国和依规治党有机统一”是以习近平同志为核心的党中央从事关党长期执政和国家长治久安的战略高度,将治国理政和管党治党紧密结合起来,立足新时代管党治党、治国理政的制度化、规范化、程序化要求,不断健全党内法规同国家法律法规衔接协调机制取得的科学理论成果,充分体现了党领导法治建设的理论创新和实践创新,是习近平法治思想的核心要义。
Upholding the organic integration of the Party’s leadership and socialist rule of law. General Secretary Xi Jinping points out: “The Party’s leadership and socialist rule of law are consistent; socialist rule of law must uphold the Party’s leadership, and the Party’s leadership must rely on socialist rule of law.” [3]3 This refers to Mao Zedong’s famous “first answer” to the question of how to break out of the historical cycle of rise and fall, given during a conversation with Huang Yanpei in Yan’an in 1945. Whether the Party’s leadership and socialist rule of law can be organically integrated, achieving the organic unity of political logic and rule-of-law logic, is an important issue facing the construction of the rule of law in China. “Upholding the organic unity of law-based governance and rule-based governance over the Party,” on the basis of promoting the coordination and linkage between intra-Party regulations and national laws and regulations, establishes rule-based governance over the Party as the basic method for governing the Party, placing it alongside law-based governance. This brings both the governance of the Party and the governance of the country onto the track of the rule of law and establishes a benign interactive mechanism where the Party leads rule-of-law construction and the rule of law guarantees the Party’s leadership. As an important component of Xi Jinping Thought on the Rule of Law, “upholding the organic unity of law-based governance and rule-based governance over the Party” is a proposition of the times, distilled by the Communist Party of China using the Marxist stance, viewpoint, and method to dialectically grasp the relationship between politics and the rule of law. It emphasizes that behind every form of rule of law lies a set of political theories, within every model of rule of law there is a political logic, and beneath every path of rule of law there is a political stance, etc., fully demonstrating the theoretical advantage of Xi Jinping Thought on the Rule of Law, which is rooted in China’s reality, follows the laws of the rule of law, and integrates political logic.
坚持党的领导和社会主义法治有机结合。习近平总书记指出:“党的领导和社会主义法治是一致的,社会主义法治必须坚持党的领导,党的领导必须依靠社会主义法治。”能否将党的领导和社会主义法治有机结合起来,实现政治逻辑和法治逻辑的有机统一,是法治中国建设面临的一个重要课题。“坚持依法治国和依规治党有机统一”在推进党内法规和国家法律法规衔接协调基础上,将依规治党确立为管党治党的基本方式,与依法治国相并列,从而将治党和治国都纳入法治轨道,并建立起党领导法治建设与法治保障党的领导的良性互动机制。“坚持依法治国和依规治党有机统一”作为习近平法治思想重要组成部分,是中国共产党运用马克思主义立场观点方法,辩证把握政治与法治关系凝练而成的时代命题,强调每一种法治形态背后都有一套政治理论,每一种法治模式当中都有一种政治逻辑,每一条法治道路底下都有一种政治立场,等等,充分彰显了习近平法治思想立足中国实际、遵循法治规律、融通政治逻辑的理论优势。
Coordinating the governance of a major party and the governance of a major country with systematic thinking. General Secretary Xi Jinping points out: “Comprehensively governing the country by law is a systematic project; it requires overall planning and greater emphasis on systematicness, wholeness, and coordination.” [4]4 This refers to Xi Jinping’s “second answer” to the same question, articulated in the context of the Party’s self-revolution, as a complement to Mao’s “first answer.” Since the 18th National Congress of the CPC, the Party Central Committee with Comrade Xi Jinping at
以系统思维统筹大党治理和大国治理。习近平总书记指出:“全面依法治国是一个系统工程,要整体谋划,更加注重系统性、整体性、协同性。”党的十八大以来,以习近平同志为核心的党中央直面党如何长期执政和国家如何长治久安的历史性课题,将依法治国与制度治党、依规治党统筹推进、一体建设,为党在新时代履行好执政兴国的重大历史使命提供重要法治保障。“坚持依法治国和依规治党有机统一”充分彰显了党在长期执政条件下以法治思维和法治方式破解历史性难题的战略主动,深刻揭示了社会主义法治建设必须遵循的根本政治原则,从根本上厘清了党和法、党的领导和依法治国的关系,科学回答了如何在法治轨道上巩固党的执政地位、提升党的治国理政能力的时代之问。
It is fundamentally different from bourgeois theories of the rule of law. General Secretary Xi Jinping has pointed out: “To comprehensively advance law-based governance, we must take the correct path. We must proceed from China’s national conditions and actual circumstances, take the rule-of-law path that suits ourselves, and must never copy other countries’ models and practices.” “Upholding the organic unity of law-based governance and rule-based governance over the Party” is rooted in the great practice of socialism with Chinese characteristics. By relying on the state governance system with the Party at its core, it coordinately advances Party governance and state governance on the track of the rule of law, forming a “grand rule of law” pattern that encompasses both rule by Party regulations and rule by state laws, thereby transcending the mindset of “the separation of law and political parties” in Western rule-of-law theories. While enriching and developing the Marxist theory of the rule of law, this proposition has also made an important original contribution to the diversity of rule-of-law civilizations in the world. In this sense, “upholding the organic unity of law-based governance and rule-based governance over the Party” fully demonstrates the theoretical structure and contemporary value of Xi Jinping Thought on the Rule of Law, which is grounded in national conditions and oriented toward the world.
与资本主义法治理论有着本质区别。习近平总书记指出:“全面推进依法治国必须走对路。要从中国国情和实际出发,走适合自己的法治道路,决不能照搬别国模式和做法。”“坚持依法治国和依规治党有机统一”植根于中国特色社会主义伟大实践,通过依托以党为核心的国家治理体系,将政党治理和国家治理在法治轨道上协同推进,形成既有党规之治又有国法之治的“大法治”格局,从而超越了西方法治理论中“法与政党相对分离”的思维定式。这一命题在丰富和发展马克思主义法治理论的同时,也为世界法治文明多样性作出了重要原创性贡献。在此意义上,“坚持依法治国和依规治党有机统一”充分展现了习近平法治思想立足国情、面向世界的理论格局与时代价值。
II. “Upholding the Organic Unity of Law-Based Governance and Rule-Based Governance over the Party” Is the Unique Advantage of “the Governance of the Communist Party of China” and “the Governance of China”
二、“坚持依法治国和依规治党有机统一”是“中国共产党之治”、“中国之治”的独特优势
As an inherent requirement of comprehensively advancing law-based governance and comprehensively and strictly governing the Party, “upholding the organic unity of law-based governance and rule-based governance over the Party” is an important way to coordinate Party and state governance and jointly create a new situation in building a rule-of-law China. It fully consolidates and demonstrates the unique advantages of “the governance of the Communist Party of China” and “the governance of China” from the perspective of the rule of law.
“坚持依法治国和依规治党有机统一”作为全面依法治国和全面从严治党的内在要求,是以统筹党和国家治理、合力开创法治中国建设新局面的重要方式,从法治层面充分巩固和彰显了“中国共产党之治”、“中国之治”的独特优势。
It provides important rule-of-law support for forming the unique advantages of “the governance of the Communist Party of China” and “the governance of China.” In January 2022, at the Sixth Plenary Session of the 19th Central Commission for Discipline Inspection of the CPC, General Secretary Xi Jinping pointed out: “Through the revolutionary tempering of comprehensive and strict governance of the Party in the New Era, we have formed a relatively complete system of intra-Party regulations, built a supervision system with unified Party leadership, full coverage, and authoritative efficiency, created a good atmosphere of respecting and abiding by institutions, promoted the further maturation and finalization of institutions in all aspects, and formed the unique advantages of the governance of the Communist Party of China and the governance of China.” It can be said that the formation of the unique advantages of “the governance of the Communist Party of China” and “the governance of China” is inseparable from the rule-of-law guarantee of adhering to rule-based governance over the Party and strengthening the construction of the intra-Party regulations system. The organic unity of law-based governance and rule-based governance over the Party means, on the premise of Party leadership, further promoting the deep integration of governing the Party and governing the country in terms of value goals and operational mechanisms, effectively ensuring the systematic, holistic, and coordinated nature of governing the Party and governing the country, thereby better realizing the mutual transformation and synergy of the advantages of Party leadership and the advantages of the socialist system with Chinese characteristics, and consolidating the rule-of-law foundation of “the governance of the Communist Party of China” and “the governance of China.”
为形成“中国共产党之治”和“中国之治”的独特优势提供重要法治支撑。2022年1月,习近平总书记在十九届中央纪委六次全会上指出:“经过新时代全面从严治党的革命性锻造,我们形成了比较完善的党内法规体系,构建起党统一领导、全面覆盖、权威高效的监督体系,营造了尊崇制度、遵守制度的良好氛围,推动各方面制度更加成熟定型,形成了中国共产党之治、中国之治的独特优势。”可以说,“中国共产党之治”和“中国之治”独特优势的形成,离不开坚持依规治党、加强党内法规制度建设的法治保障。而将依法治国和依规治党有机统一,就是以党的领导为前提,进一步推动治党和治国在价值目标与运行机制上深度融合,有力地保障治党和治国的系统性、整体性、协调性,从而更好地实现党的领导优势与中国特色社会主义制度优势相互转化、形成合力,夯实“中国共产党之治”和“中国之治”的法治根基。
It provides important path guidance for “the governance of the Communist Party of China” to lead “the governance of China.” The Fourth Plenary Session of the 20th Central Committee of the CPC pointed out: “To govern the country, the Party must first be governed; only when the Party thrives can the country be strong. The more effective the governance of the Party, the stronger the guarantee for economic and social development.” The Party’s governing capacity and leadership level directly affect the level of modernization of the state governance system and governance capacity. By deeply integrating rule-based governance over the Party into the practice of law-based governance, it not only ensures that Party leadership and Party building are always advanced on the track of the rule of law, but also ensures that the Party exercises overall leadership and coordinates all parties, governs scientifically and according to law, improves the Party’s leadership methods and governing methods, and upholds the authority of Party policies and state laws, as well as the authority of the common will of the Party and the people. It is in this sense that “upholding the organic unity of law-based governance and rule-based governance over the Party” maintains the inherent unity of governing the Party and governing the country from the perspective of the rule of law, systematically transforms the practical results of “the governance of the Communist Party of China” into the significant advantages of “the governance of China,” and provides a solid political and rule-of-law foundation for upholding and developing socialism with Chinese characteristics in the New Era.
为以“中国共产党之治”引领“中国之治”提供重要路径指引。党的二十届四中全会指出:“治国必先治党,党兴才能国强。管党治党越有效,经济社会发展的保障就越有力。”党的执政能力与领导水平直接关系国家治理体系和治理能力现代化水平。通过将依规治党深度融入依法治国实践,不仅确保了党的领导和党的建设始终在法治轨道上推进,而且确保了党总揽全局、协调各方,科学执政、依法执政,完善党的领导方式和执政方式,维护党的政策和国家法律的权威、维护党和人民共同意志的权威。正是在这个意义上,“坚持依法治国和依规治党有机统一”从法治层面维护了治党与治国的内在统一性,使“中国共产党之治”的实践成效系统转化为“中国之治”的显著优势,为新时代坚持和发展中国特色社会主义提供坚实的政治与法治基础。
III. “Upholding the Organic Unity of Law-Based Governance and Rule-Based Governance over the Party” Is a Practical Exploration of Solving the Unique Problems of a Large Party and the Governance Problems of a Large Country on the Track of the Rule of Law
三、“坚持依法治国和依规治党有机统一”是在法治轨道上解决大党独有难题、大国治理难题的实践探索
How to break out of the historical cycle of rise and fall, and how to respond to the “Four Tests” and the “Four Dangers” in the New Era, are practical issues that our Party must confront in its long-term governance. In this regard, “upholding the organic unity of law-based governance and rule-based governance over the Party” provides a new pathway for resolving the governance difficulties of a major party and a major country on the track of the rule of law, and for coordinating the implementation of the “Two Answers”.
如何跳出治乱兴衰历史周期率,如何在新时代应对好“四大考验”和“四种危险”,是我们党长期执政必须面对的现实课题。对此,“坚持依法治国和依规治党有机统一”为在法治轨道上解决大党大国治理难题、统筹践行“两个答案”提供了新路径。
By integrating comprehensive legal norms and a rigorous system of intra-Party regulations into all aspects and links of Party management and governance, it focuses on solving the unique challenges of a major party. The report of the 20th National Congress of the CPC points out: “As the largest Marxist governing party in the world, our Party must always maintain sobriety and determination in solving the unique challenges of a major party in order to win the people’s support and consolidate its long-term governing position.” At the Second Plenary Session of the 20th Central Commission for Discipline Inspection, General Secretary Xi Jinping further summarized the unique challenges of a major party from the perspective of the “Six Must-Always-Be’s”. It can be said that solving the unique challenges of a major party is the requirement of the times for the Party’s long-term governance and for breaking out of the historical cycle. Law-based governance is based on a comprehensive system of legal norms, placing the Party’s activities in leading the people in governing the country fully within the framework of the rule of law; rule-based governance over the Party is based on a rigorous system of intra-Party regulations, imposing stricter disciplinary constraints on the exercise of power by Party organizations, Party members, and cadres. The two are integrated and coordinated in terms of institutions, complementing each other in practice, further strengthening the high degree of consciousness in governing the Party with institutions and rules, continuously using the rule-of-law mindset and rule-of-law methods to manage and govern the Party, promoting comprehensive and strict governance of the Party to deepen on the track of the rule of law, and providing scientific and effective institutional support and rule-of-law guarantees for solving the unique challenges of a major party embodied in the “Six Must-Always-Be’s”, thereby ensuring that the Party maintains its advanced nature and purity through revolutionary tempering.
通过将完备的法律规范、严密的党内法规制度贯穿到管党治党各方面各环节,着力解决大党独有难题。党的二十大报告指出:“我们党作为世界上最大的马克思主义执政党,要始终赢得人民拥护、巩固长期执政地位,必须时刻保持解决大党独有难题的清醒和坚定。”在二十届中央纪委二次全会上,习近平总书记从“六个如何始终”进一步对大党独有难题作出概括。可以说,解决大党独有难题是党长期执政、跳出历史周期率的时代要求。依法治国以完备的法律规范体系为基础,将党领导人民治理国家的活动充分置于法治框架之下;依规治党以严密的党内法规体系为基础,对党组织和党员、干部的履职用权行为施以更为严格的纪律约束。二者融合贯通,在制度上统筹推进,在实践中相得益彰,进一步强化了制度治党、依规治党的高度自觉,不断运用法治思维和法治方式管党治党,推动全面从严治党在法治轨道上向纵深发展,为破解“六个如何始终”的大党独有难题提供了科学有效的制度支撑和法治保障,从而确保党在革命性锻造中始终保持先进性和纯洁性。
By constructing a governance chain in which rule-based governance over the Party leads and guarantees law-based governance, and law-based governance supports and promotes rule-based governance over the Party, it effectively responds to the governance difficulties of a major country. Our Party governs long-term in a major country like China, which has a vast territory, a large population, and heavy development tasks. General Secretary Xi Jinping points out: “To ensure national unity, legal unity, policy unity, and market unity, and to achieve economic development, political integrity, cultural prosperity, social justice, and ecological soundness, we all need to uphold the criterion of law and make good use of the rule-of-law method.” In this process, law-based governance emphasizes the comprehensive implementation of national laws that are universal, stable, and authoritative, in order to effectively maintain social order; rule-based governance over the Party emphasizes the strict practice of the intra-Party regulations system that centrally embodies the Party’s unified will and value orientation, implementing the Party’s leadership in all fields, aspects, and links of the Party’s and the country’s undertakings, so as to ensure the full exertion of the Party’s political advantages. The organic unity of the two deeply integrates Party governance and state governance, enabling law-based governance to consolidate and strengthen the Party’s leadership, especially the centralized, unified leadership of the Party Central Committee, while also enabling rule-based governance over the Party to lead and ensure the direction and effectiveness of national governance.
通过构建以依规治党引领和保障依法治国、以依法治国支撑和促进依规治党的治理链条,有力回应大国治理难题。我们党是在中国这样一个地域辽阔、人口众多、发展任务繁重的大国长期执政。习近平总书记指出:“要保证国家统一、法制统一、政令统一、市场统一,要实现经济发展、政治清明、文化昌盛、社会公正、生态良好,都需要秉持法律这个准绳、用好法治这个方式。”在这一过程中,依法治国强调全面实施具有普遍性、稳定性、权威性的国家法律,以有力维护社会秩序;依规治党强调严格践行集中体现党的统一意志和价值取向的党内法规体系,将党的领导落实到党和国家事业各领域各方面各环节,以确保党的政治优势得到充分发挥。二者有机统一使治党和治国深度融合,既能以依法治国巩固和强化党的领导特别是党中央集中统一领导,又能以依规治党引领和确保国家治理的方向与效能。
By leveraging the complementary roles of law-based governance and rule-based governance over the Party, it coordinates the implementation of the “Two Answers”. Facing the problem of the historical cycle, in 1945, Comrade Mao Zedong gave the “First Answer” from the perspective of people’s democracy, namely: “Only by letting the people supervise the government can the government not slack off. Only when everyone takes responsibility can there be no end to the dynasty.” [3]3 This refers to Mao Zedong’s famous “first answer” to the question of how to break out of the historical cycle of rise and fall, given during a conversation with Huang Yanpei in Yan’an in 1945. Through the great practice of comprehensive and strict governance of the Party in the New Era, General Secretary Xi Jinping took “upholding self-revolution” as the “Second Answer”, profoundly pointing out: “Over the past hundred years, the Party has relied externally on developing people’s democracy and accepting people’s supervision, and internally on comprehensive and strict governance of the Party and promoting self-revolution, courageously upholding truth and correcting errors, courageously turning inward and scraping the poison to heal the bone, ensuring that the Party remains enduring and continuously grows and develops.” [4]4 This refers to Xi Jinping’s “second answer” to the same question, articulated in the context of the Party’s self-revolution, as a complement to Mao’s “first answer.” Coordinating the implementation of the “Two Answers” on the track of the rule of law is not only a scientific response and fundamental solution for the Communist Party of China to break out of the historical cycle, but also an inevitable requirement for achieving the Party’s long-term governance and the country’s lasting peace and stability. Law-based governance is the basic strategy for the Party to lead the people in governing the country, and it is the cornerstone for practicing the answer of “people supervising the government”, making “letting the people supervise the government” operable; rule-based governance over the Party is the basic method for managing and governing the Party, and it is a rule-of-law sharp weapon for practicing the answer of “self-revolution”, ensuring that the Party can actively discover and correct its own problems, achieving the normalization and long-term effectiveness of turning inward.
通过发挥依法治国和依规治党的互补性作用,统筹践行“两个答案”。面对历史周期率难题,1945年,毛泽东同志从人民民主角度作出“第一个回答”,即“只有让人民来监督政府,政府才不敢松懈。只有人人起来负责,才不会人亡政息”。经过新时代全面从严治党的伟大实践,习近平总书记将“坚持自我革命”作为“第二个答案”,深刻指出:“一百年来,党外靠发展人民民主、接受人民监督,内靠全面从严治党、推进自我革命,勇于坚持真理、修正错误,勇于刀刃向内、刮骨疗毒,保证了党长盛不衰、不断发展壮大。”在法治轨道上统筹践行“两个答案”,既是中国共产党跳出历史周期率的科学回答和治本之策,也是实现党长期执政和国家长治久安的必然要求。依法治国是党领导人民治理国家的基本方略,是践行“人民监督政府”这一答案的基石,使“让人民来监督政府”具有可操作性;依规治党是管党治党的基本方式,是践行“自我革命”这一答案的法治利器,确保党能够主动发现并纠正自身问题,实现刀刃向内的常态化、长效化。
IV. “Upholding the Organic Unity of Law-Based Governance and Rule-Based Governance over the Party” Is Chinese Wisdom Contributed to Enriching and Developing Human Legal Civilization
四、“坚持依法治国和依规治党有机统一”是为丰富和发展人类法治文明贡献的中国智慧
“Upholding the organic unity of law-based governance and rule-based governance over the Party,” as an innovative achievement in adapting Marxist legal theory to the Chinese context and the needs of the times, is not only a unique advantage of “the governance of the Communist Party of China” and “the governance of China,” and a major innovation in solving the governance difficulties of a major party and a major country and coordinating the implementation of the “Two Answers,” but also makes an important original contribution to the development of world party governance and legal civilization.
“坚持依法治国和依规治党有机统一”作为马克思主义法治理论中国化时代化的创新成果,不仅是“中国共产党之治”、“中国之治”的独特优势,是解决大党大国治理难题、统筹践行“两个答案”的重大创新,而且为世界政党治理和法治文明发展作出重要原创性贡献。
It has formed a new pathway for the rule-of-law governance of political parties marked by rule-based governance over the Party. The Communist Party of China has actively constructed an intra-Party regulations system with the Party Constitution at its core, opening up a practical pathway for rule-based governance over the Party in which a political party autonomously uses rule-of-law methods for self-regulation. This pathway of rule-based governance over the Party adheres to “giving priority to obligations,” requiring Party members and cadres to fulfill regulatory obligations higher than those of ordinary citizens; adheres to “emphasizing self-discipline,” emphasizing the stimulation of Party members’ inner consciousness through systems such as intra-Party education and organizational life; adheres to “Party rules and discipline being stricter than national laws” and “putting discipline and rules first,” forming a complete governance mechanism combining norms, guidance, and evaluation. While comprehensively realizing the institutionalization, standardization, and proceduralization of the Party’s leadership and Party building, it also promotes the formation of a complete set of systematic Party institutions, highlighting the political wisdom of the Communist Party of China as the world’s largest Marxist governing party, and providing an effective Chinese solution for the rule-of-law development of global party governance.
形成了以依规治党为标志的政党治理法治化新路径。中国共产党主动构建起以党章为核心的党内法规体系,开辟了政党自主运用法治方式进行自我规范的依规治党实践路径。依规治党这一路径坚持“义务优先”,要求党员干部履行高于普通公民的法规义务;坚持“注重自律”,强调通过党内教育、组织生活等制度激发党员的内在自觉;坚持“党规党纪严于国家法律”、“把纪律和规矩挺在前面”,形成规范、指引、评价相结合的完整治理机制。这在全方位实现党的领导和党的建设制度化、规范化、程序化的同时,也推动形成一套系统完备的党的制度,彰显了中国共产党作为世界上最大的马克思主义执政党的政治智慧,为全球政党治理法治化发展提供了行之有效的中国方案。
It has provided experience in constructing a “grand rule of law” pattern that includes both the rule of state law and the rule of Party regulations. On the basis of breaking through “Western rule-of-law centrism” and achieving the development from state law to the combination of Party regulations and state law, it continuously promotes the organic unity of law-based governance and rule-based governance over the Party, further consolidating and strengthening the pattern in which national laws and regulations and intra-Party regulations complement, promote, and guarantee each other. The entire Party acts within the scope of the Constitution and laws; this is a high degree of consciousness of our Party and a concrete manifestation of upholding the Party’s leadership. The Party and the law, the Party’s leadership and law-based governance, are highly unified. When rule-based governance over the Party penetrates the hearts of Party members, law-based governance can penetrate the hearts of the people. In practice, rule-based governance over the Party, based on intra-Party regulations, actively draws on and absorbs the experience of law-based governance based on national laws, practicing the basic value concepts of the rule of law; at the same time, law-based governance can obtain political guidance and political guarantees from rule-based governance over the Party, thereby promoting the practical exploration of modernizing the national governance system and governance capacity, providing useful experience for non-Western countries to break through the limitations of Western rule-of-law theory and autonomously explore a rule-of-law path suited to their own national conditions, making an important contribution to enriching human legal civilization.
提供了既有国法之治又有党规之治的“大法治”格局建构经验。在突破“西方法治中心主义”、实现国法向党规国法发展基础上,持续推进依法治国和依规治党有机统一,进一步巩固和强化了国家法律法规和党内法规制度相辅相成、相互促进、相互保障的格局。全党在宪法法律范围内活动,这是我们党的高度自觉,也是坚持党的领导的具体体现,党和法、党的领导和依法治国是高度统一的。依规治党深入党心,依法治国才能深入民心。实践中,以党内法规为基础的依规治党积极借鉴和吸收以国家法律为基础的依法治国经验,践行法治基本价值理念;同时依法治国也能从依规治党中获得政治引领和政治保障,进而促进国家治理体系和治理能力现代化的实践探索,为非西方国家突破西方法治理论的思维局限、自主探索符合自身国情的法治道路提供了有益经验,为丰富人类法治文明作出重要贡献。
It has developed the principle of rule-of-law construction that dialectically unifies politics and the rule of law. General Secretary Xi Jinping points out: “The relationship between the Party and the law is a concentrated reflection of the relationship between politics and the rule of law. There is politics within the rule of law; there is no rule of law detached from politics.” [5]5 This is a direct quotation from Xi Jinping, emphasizing the inherent political nature of the rule of law and the inseparability of the Party and the law. “Upholding the organic unity of law-based governance and rule-based governance over the Party” means, under the centralized, unified leadership of the Party Central Committee, based on intra-Party regulations and national laws, planning, deploying, and advancing the governance of the Party and the state together. It is an important manifestation of the organic unity of upholding the Party’s leadership, the people being the masters of the country, and law-based governance. This exploration further proves that, under the conditions of the Communist Party of China’s long-term governance, by consciously abiding by Party regulations and state laws and acting within the scope of the Constitution and laws, it is possible to achieve a high degree of unity between the Party’s leadership and socialist rule of law. The Party and the law are not only not opposed but mutually guarantee each other. This provides an institutional model of significant reference value for other countries in the world to correctly handle the relationship between political authority and rule-of-law authority and to achieve coordinated advancement of ruling party governance and state governance.
发展了政治与法治辩证统一的法治建设原理。习近平总书记指出:“党和法的关系是政治和法治关系的集中反映。法治当中有政治,没有脱离政治的法治。”“坚持依法治国和依规治党有机统一”就是在党中央集中统一领导下,以党内法规和国家法律为基础,对党和国家治理同谋划、同部署、同推进,是坚持党的领导、人民当家作主、依法治国有机统一的重要表现。这一探索进一步证明,在中国共产党长期执政条件下,通过自觉遵守党规国法、在宪法法律范围内活动,能够实现党的领导与社会主义法治的高度统一,党和法不仅不对立,而且互为保障。这就为世界其他国家正确处理政治权威与法治权威的关系、实现执政党治理与国家治理协同推进,提供了具有重要参考意义的制度范本。
(Author: Zhou Yezhong, Senior Professor of Humanities and Social Sciences, Wuhan University)
(作者:武汉大学人文社会科学资深教授)
Notes
- The Sixth Plenary Session of the 19th Central Commission for Discipline Inspection: A meeting of the Party’s top anti-corruption body held in January 2022, focused on reviewing disciplinary work and setting priorities for Party governance. ↩
- The Fourth Plenary Session of the 20th Central Committee of the CPC: A plenary meeting of the Party’s central leadership, held in 2024, which discussed and adopted decisions on further deepening reform and advancing Chinese modernization. ↩
- This refers to Mao Zedong’s famous “first answer” to the question of how to break out of the historical cycle of rise and fall, given during a conversation with Huang Yanpei in Yan’an in 1945. ↩
- This refers to Xi Jinping’s “second answer” to the same question, articulated in the context of the Party’s self-revolution, as a complement to Mao’s “first answer.” ↩
- This is a direct quotation from Xi Jinping, emphasizing the inherent political nature of the rule of law and the inseparability of the Party and the law. ↩