Marxism Research Network
Unofficial English Translation

Lin Wei: Chinese-style Modernization of the Rule of Law and Its Global Significance

Chinese-path modernization of the rule of law is a new path toward becoming a global power in the rule of law, successfully forged by the Chinese people under the leadership of the Communist Party of China (CPC) through protracted exploration and practice. It is a path that conforms to China’s national conditions and follows the objective laws governing the rule of law. It represents the rational necessity of integrating the basic tenets of Marxist legal theory with the specific realities of China's legal construction and with the fine traditional Chinese legal culture, serving as a perfect synthesis of the common characteristics of modernization and distinct Chinese features. Currently, the great practice of Chinese-path modernization of the rule of law is continuously unfolding, deepening, and expanding. For China—a nation with over 5,000 years of civilization, a population of over 1.4 billion, the world’s second-largest nominal GDP, and a primary trading partner to more than 150 countries and regions—the practice of achieving modernization of the rule of law constitutes a major milestone in the history of human legal development. It will inevitably serve as a demonstration and lead the profound transformation and adjustment of the global legal order, creating a new form of human legal civilization. Based on the Chinese features, essential requirements, and major principles of Chinese-path modernization of the rule of law, I believe its global significance can be summarized in the following seven aspects.

First, Chinese-path modernization of the rule of law explores a distinctive path based on indigenous national conditions, providing an autonomous model of the rule of law for developing countries. General Secretary Xi Jinping has emphasized that "only the wearer knows if the shoes fit" [1]. What kind of a rule-of-law country to build and how to build it is, in the final analysis, determined by a country's national conditions. Chinese-path modernization of the rule of law is a developmental path "according to China." China’s national conditions are both the complex reality that this modernization must face and the rich, unique resource for its pioneering development. On the basis of correctly understanding and deeply analyzing the national conditions of China’s legal system, this path was explored as the correct way to advance the comprehensive law-based governance of the country in an optimal manner, possessing a typical Chinese style and "atmosphere" (qixiang). This subjective spirit of the rule of law—based on local realities and autonomous exploration—provides a reference model for the vast number of developing countries to break their dependence on Western models and explore modernization paths suited to their own needs.

Second, Chinese-path modernization of the rule of law has given birth to an autonomous system of Chinese legal knowledge, providing new intellectual resources and theoretical possibilities for global legal theory. By persisting in the "two combinations" [2], it has nurtured an independent knowledge system during the great practice of comprehensive law-based governance. This system, guided scientifically by Xi Jinping Thought on the Rule of Law, systematically elucidates the principles and methods for handling fundamental legal issues, such as the relationship between politics and the rule of law, reform and the rule of law, development and security, law-based governance and virtue-based governance, and law-based governance of the country and rule-based governance of the Party. It will provide new resources of legal knowledge for a new form of human legal civilization, supporting China's internal process while offering theoretical possibilities for the legal development of all nations.

Third, Chinese-path modernization of the rule of law adheres to a people-centered orientation, advancing the practice of global fairness and justice. The "people-centered nature" of the rule of law is a basic requirement of the Marxist materialist conception of history and the expression within the legal sphere of the CPC’s fundamental purpose of "serving the people heart and soul." General Secretary Xi Jinping noted: "Equality is the basic attribute of socialist law and the basic requirement of socialist rule of law." Consequently, Chinese-path modernization of the rule of law consistently takes "the people" as its core, ensuring that the interests, aspirations, rights, and well-being of the people are implemented across all fields and the entire process of comprehensive law-based governance. It utilizes institutional systems to guarantee that the people are the masters of the country [3], promoting social justice and common prosperity. This people-centered approach not only facilitates China’s harmonious and stable development but also provides a vivid example for enhancing global fairness and justice.

Fourth, Chinese-path modernization of the rule of law promotes domestic and foreign-related rule of law in a coordinated manner, driving the transformation and adjustment of the global governance system. It focuses not only on domestic legal construction but also actively promotes the development of foreign-related rule of law, coordinating domestic and international governance and harmonizing their interaction. As of June 2025, China has 306 valid laws, including 55 specialized foreign-related laws (such as the Law on Foreign Relations and the Export Control Law) and 164 laws containing foreign-related clauses; among 601 valid administrative regulations, 121 are foreign-related. In 2024, Chinese courts concluded 26,000 foreign-related civil and commercial cases, a year-on-year increase of 6.1%; procuratorial organs handled 5,644 international judicial assistance cases, up 15.4%. By the end of 2024, Chinese law firms had established 207 branches in 37 countries and regions, including 73 in countries participating in the Belt and Road Initiative; the number of Chinese foreign-related lawyers reached over 12,000. As of September 2025, Chinese maritime courts have accepted a total of 88,000 foreign-related maritime cases involving 146 countries and regions. China strictly fulfills its obligations under international treaties such as the UN Convention on the Law of the Sea, the UN Convention against Corruption, and the UN Convention against Transnational Organized Crime. Simultaneously, it actively participates in the formulation of international rules, consistently advocating for "good global governance through good international law," injecting strong Chinese power into the transformation of the global governance system.

Fifth, Chinese-path modernization of the rule of law promotes the creative transformation of Chinese legal civilization, injecting vitality into the exchange and mutual learning of global legal civilizations. Legal civilization is an integral part of Chinese civilization, with the Traditional Chinese Legal System [4] serving as its hallmark. This system contains jurisprudential concepts such as "integrating rites and penalties" (chu li ru xing), "extolling rites and valuing law" (long li zhong fa), "the people as the foundation of the state," "stable foundations ensuring national peace," "a world without litigation," "valuing harmony," "virtue as primary and punishment as auxiliary," "virtuous governance and cautious punishment," "sentencing according to law," and "punishment fitting the crime." It also contains concepts regarding the protection of the "widowed, lonely, old, young, and disabled," which still hold unique value and modern significance. Chinese-path modernization of the rule of law focuses on excavating these "fine genes," promoting their organic integration with modern legal civilization to achieve creative transformation and innovative development.

Sixth, Chinese-path modernization of the rule of law safeguards high-quality development, providing stable expectations for world economic growth. Acting as the "ballast stone" of socio-economic development, it provides a strong legal guarantee through measures such as improving property rights protection, optimizing the business environment, and promoting high-level institutional opening-up. The continuous improvement of China's legal system has bolstered foreign investment confidence and provided stable expectations for global economic recovery and peaceful development. It contributes precious certainty and fairness to global industrial and supply chains, acting as a protective force for the shared prosperity of a community with a shared future for humanity.

Seventh, Chinese-path modernization of the rule of law promotes civilizational progress through the rule of law in cyberspace, providing experience for global cyberspace governance. Along with changes in productive forces and modes of production, human society has moved through stages of primitive, agricultural, and industrial civilizations. In recent decades, the rapid development of digital technologies—represented by the internet, big data, and artificial intelligence—is fundamentally changing how society operates, giving rise to a new civilizational form. As a "new frontier" of national governance, the internet is not a "lawless land"; it requires the rule of law to protect national sovereignty, security, and development interests. In the New Era, China's modernization of its cyber-legal system has strengthened institutional and mechanical guarantees across legislation, enforcement, and the judiciary. Laws such as the Data Security Law and the Personal Information Protection Law have established comprehensive safeguards. By establishing governance rules for technical fields like algorithm recommendation and deep synthesis [5], and clarifying standards for anti-monopoly and platform responsibility, China has ensured the healthy development of digital platforms. Whether in algorithm governance or the comprehensive management of the political ecosystem of the web, China has formed innovative "Chinese solutions," providing wisdom for the global rule of law in cyberspace.