Zhou Longjie: Scientific Legislation is a Critical Link in Handling the Relationship Between Reform and the Rule of Law
From history to the present, reform and the rule of law have always complemented one another. General Secretary Xi Jinping has pointed out: "Every instance of political reform [1] in our country’s history has been a tight integration of reform and the rule of law, involving the changing of old laws and the establishment of new ones. From the Shang Yang Reforms [2] of the Warring States period and Wang Anshi’s Reforms [3] of the Song Dynasty to Zhang Juzheng’s Reforms [4] of the Ming Dynasty, this has always been the case." The Third Plenary Session of the 11th CPC Central Committee pulled back the curtain on reform and opening up, while also initiating a new chapter in the construction of socialist rule of law. The Third Plenary Session of the 20th CPC Central Committee proposed that "the rule of law is an important guarantee for Chinese-path modernization," and that we must "deepen reform and advance Chinese-path modernization on the track of the rule of law." It further categorized "persisting in comprehensively governing the country according to law" as a principle for further comprehensively deepening reform, and included "achieving a higher level in the construction of a socialist rule-of-law state" in the general goals for further comprehensively deepening reform. This highlights the distinct orientation of the New Era toward deepening reform on the track of the rule of law.
Reform emphasizes "change" (变), while the rule of law emphasizes "stability" (稳). Compared to the continuous innovative breakthroughs achieved in comprehensively deepening reform, the law and its institutions exhibit a certain degree of lag. Practice is the foundation of law, and law should develop along with the development of practice. Major deployments for further comprehensively deepening reform—such as constructing a high-level socialist market economy system, improving systems and mechanisms for promoting high-quality development, constructing systems and mechanisms to support comprehensive innovation, and improving the system of whole-process people's democracy—all place new requirements on legislation. It can be said that the rule of law is both the guarantee for reform and the object of reform. Using the power of reform to perfect the rule of law serves to better advance reform and ensure that reform persists over the long term. Among the various dimensions of rule-of-law construction, scientific legislation [5] is a critical link in handling the relationship between reform and the rule of law. To realize the alignment of legislation and reform decision-making, ensuring that major reforms have a legal basis and that legislation actively adapts to the needs of reform and development, we must focus on the following aspects:
Simultaneously consider legislative issues involved in reform when researching reform plans and measures. For example, focusing on filling the shortboards [6] of the existing legal system, prioritize strengthening legislation in key areas, emerging areas, and foreign-related areas. Targeting the "difficulties and bottlenecks" (难点堵点) of further comprehensively deepening reform, implementing the new development philosophy, and constructing the dual circulation [7] pattern, we must lose no time in formulating and promptly amending laws that promote economic development, improve social governance, guarantee the people’s livelihood, and maintain national security. Responding to the "governance deficit" brought about by the new technological revolution, we should promote the formulation of governance rules for emerging fields and digital governance. Facing the drastic changes in the international trade environment, we should accelerate the construction of our country’s legal system for extraterritorial application. Only by persisting in the unity and alignment of reform decision-making and legislative decision-making can we give play to the role of legislation in guiding, promoting, regulating, and guaranteeing reform, ensuring that major reforms have a legal basis and enhancing the "penetrative power" (穿透力) of reform.
Promptly elevate measures and mature experiences proven effective in practice into law. For example, the Supervision Law of the People's Republic of China enacted in 2018 codified the new concepts, measures, and experiences of the national supervision system reform since the 18th CPC National Congress into legal form, innovating and perfecting the national supervision legal system. Entering the New Era, we formulated the Foreign Investment Law and the Hainan Free Trade Port Law, and amended the Land Administration Law and the Anti-Monopoly Law. We have promptly elevated valuable experiences in solving "hotspot and difficult" (热点难点) problems in the process of social development into legal norms. This confirms and consolidates reform achievements in legislative form, promoting the continuous deepening of reform while simultaneously driving the continuous improvement of the legal system.
For areas where legislative conditions are not yet mature and require "pioneering and trial implementation," grant authorization according to legal procedures. Comprehensively governing the country according to law does not permit arbitrarily breaking through "legal red lines" or engaging in so-called "benign illegal reform" [8]. Conversely, comprehensively deepening reform does not allow for the simple shackling or delaying of reform on the grounds that there is no basis in current law. In practice, pioneering trials conducted via legal authorization have accumulated rich experience for future legislation. For example, major reforms such as the marketization of rural collective land for commercial construction and the pilot reform of the residential land (宅基地) system were carried out via authorization from the Standing Committee of the National People's Congress to temporarily suspend or adjust the implementation of certain legal provisions. This allowed pilot regions to experiment first, thereby forming successful experiences and effective systems that can be replicated and promoted, laying the foundation for legal amendments. For reform measures involved in authorization decisions or reform decisions made according to legal procedures, if practice proves them feasible, the relevant laws and regulations should be formulated or amended promptly according to procedure.
Promptly amend or abolish current laws and regulations that do not adapt to reform requirements. Since the 18th CPC National Congress, our country has promoted scientific, democratic, and law-based legislation. The work of "enacting, amending, abolishing, interpreting, and codifying" (立改废释纂) has progressed steadily, and the process of amending and abolishing laws and regulations has greatly accelerated, often through "bundled" (打包) amendments and abolitions. For example, to implement the newly revised Administrative Penalty Law and optimize the law-based business environment, the State Council issued Order No. 764 in July 2023, amending certain provisions of 14 administrative regulations—including the International Maritime Transport Regulations—and simultaneously abolishing regulations such as the Trial Measures for Product Quality Supervision. Promptly amending or abolishing provisions that do not adapt to the needs of reform and development or the actual work in relevant fields helps prevent outdated legal clauses from hampering the pace of reform or delaying the reform process.
To achieve the unity and mutual promotion of reform and legislation, we must also overcome the constraints of local and departmental interests and improve the quality and efficiency of legislative work. In view of the fact that "some departments and localities report that legislative work is not synchronized with reform and development, often being half a step behind or even acting as a drag," General Secretary Xi Jinping pointed out: "All relevant parties must view legislative work from the overall perspective of the work of the Party and the state. Do not be confined to your own so-called interests, and certainly do not allow them to interfere with legislative work." He further noted: "Legislation must both extensively promote democracy and dare to 'make a cut' [9] on contentious issues; we cannot allow legislative projects to remain unresolved for a long time due to individual disagreements." The core of scientific legislation lies in respecting and reflecting objective laws; the core of democratic legislation lies in being for the people and relying on the people. To this end, we should clarify the boundaries of legislative power, effectively prevent the "legalization" of departmental interests and local protectionism through systems, mechanisms, and working procedures, and continuously improve the quality and efficiency of legislative work. High-quality legislation will guarantee and promote the sustained and healthy development of the economy.
(Author: Zhou Longjie, Professor at the Law School of Changchun University of Science and Technology)
Guangming Daily (December 27, 2024, Page 11)