Zhong Huibing: The Logical System of General Secretary Xi Jinping's Important Expositions on the Relationship Between the Party and the Law | Marxism Research Network

Professor Zhong Huibing, Secretary of the Party Leadership Group and President of the Tianjin Academy of Social Sciences, argues that General Secretary Xi Jinping’s important expositions have constructed a logically complete and rigorous theoretical system regarding the relationship between the Party and the law. This system consists of six dimensions:

First is the "Core Theory": the relationship between the Party and the rule of law is the core issue of rule-of-law construction. If handled properly, the Party will flourish, the rule of law will flourish, and the nation will flourish.

Second is the "Essence Theory": the relationship between the Party and the law is the concentrated reflection of the relationship between politics and the rule of law. The path, theory, and system of the socialist rule of law with Chinese characteristics are, in essence, the manifestation of socialism with Chinese characteristics within the realm of the rule of law.

Third is the "Contradiction Theory" ^[1]: the leadership of the Party and the socialist rule of law are highly consistent. The rule of law must persist in the leadership of the Party, and the leadership of the Party must rely on the rule of law.

Fourth is the "Trap Theory": the question of "whether the Party is greater than the law" is a false proposition ^[2], while "whether power is greater than the law" is the real problem. We must unequivocally oppose the false proposition and earnestly resolve the real problem.

Fifth is the "Practice Theory": we must persist in the organic unity of the leadership of the Party, the people being masters of the country ^[3], and governing the country according to law. We must practice the "Four Adepts" ^[4] working methods and implement the requirement that the Party leads legislation, guarantees law enforcement, supports the judiciary, and takes the lead in abiding by the law.

Sixth is the "Normative Theory": we must form a pattern in which state laws and regulations and intra-Party regulations ^[5] complement each other. It must be made clear that Party regulations and discipline are stricter than state laws. We must improve the mechanisms for linking and coordinating the two, providing a powerful rule-of-law guarantee for Chinese-path modernization.

Notes

↩ [1] 矛盾论 (máodùn lùn): "Contradiction Theory." While referencing Mao Zedong’s seminal 1937 essay On Contradiction, in this context it refers to resolving the perceived tension between the authority of the Communist Party and the authority of the law by arguing they are a unified whole rather than opposites.

↩ [2] 伪命题 (wěi mìngtí): "False proposition." Within Chinese political discourse, asking "Which is greater, the Party or the law?" is considered a "political trap" designed to force a separation between the Party’s leadership and the legal system. The official stance is that they are inseparable.

↩ [3] 人民当家作主 (rénmín dāngjiā zuòzhǔ): "The people being masters of the country." A core concept in Chinese Marxist political theory, asserting that the essence of socialist democracy is that the people exercise sovereign power, mediated through the leadership of the CPC.

↩ [4] 四个善于 (sì gè shànyú): "Four Adepts." This refers to a specific methodology for Party leadership: being adept at (1) transforming the Party’s propositions into the will of the state through legal procedures; (2) recommending candidates for state leadership positions through legal procedures; (3) exercising leadership over the state and society through the institutions of state power; and (4) leading the masses to implement the Party’s line, principles, and policies through the vanguard role of Party organizations and members.

↩ [5] 党内法规 (dǎngnèi fǎguī): "Intra-Party regulations." A distinct body of internal rules binding on the CPC's 98 million members. Under the doctrine of "comprehensively and strictly governing the Party," these regulations are often more stringent than the criminal or civil laws applicable to ordinary citizens.