Chen Yongsheng: Profoundly Grappling with the Historical Inevitability of the Formation of Xi Jinping's Thought on the Rule of Law

Xi Jinping Thought on the Rule of Law is the latest achievement in the Sinicization of Marxist legal theory and a major innovative development of the theory of socialist rule of law with Chinese characteristics. It profoundly answers a series of major questions, such as why and how to implement the comprehensive law-based governance of the country in the New Era. This is of great significance for promoting a new leap in the theory and practice of the socialist rule of law with Chinese characteristics; it marks a new historical height in the Party's systematic understanding of the laws governing the development of socialist rule of law and human legal civilization. Deeply grasping the historical necessity behind the formation of Xi Jinping Thought on the Rule of Law is of great significance for strengthening political, ideological, and action-oriented consciousness in its implementation, and for further advancing the comprehensive law-based governance of the country.

First, Xi Jinping Thought on the Rule of Law adapts to the inevitable requirements of development in the New Era. Since the 18th National Congress of the CPC, socialism with Chinese characteristics has entered a New Era, and the principal contradiction in Chinese society has undergone a major transformation ^[1]: it has evolved into the contradiction between the people’s ever-growing need for a better life and unbalanced and inadequate development. General Secretary Xi Jinping noted: "Our people love life and expect better education, more stable jobs, more satisfactory income, more reliable social security, higher levels of medical and health services, more comfortable living conditions, and a more beautiful environment. They hope that children can grow up better, work better, and live better." The people's demands for democracy, the rule of law, fairness, and justice are increasing daily, making the position of comprehensive law-based governance more prominent and its role more significant within the overall work of the Party and the state. At the same time, on the new journey of comprehensively building a modern socialist country and advancing the great rejuvenation of the Chinese nation through Chinese-path modernization, we face various new risks and trials. It is more necessary than ever to give play to the role of the rule of law in consolidating foundations, stabilizing expectations, and benefiting the long term. This provides a powerful legal guarantee for comprehensively building a great modern socialist country, achieving the Second Centenary Goal ^[2], and advancing the great rejuvenation of the Chinese nation through Chinese-path modernization. Xi Jinping Thought on the Rule of Law is precisely the great theoretical achievement born from responding to the requirements of the times and addressing its challenges.

Second, Xi Jinping Thought on the Rule of Law is a scientific summation of the Party's historical experience in leading the construction of the rule of law. Since its founding, the Communist Party of China has always attached great importance to the construction of the rule of law. As early as the New Democratic Revolution ^[3] period, the Party led the formulation of a large number of laws, such as the "Outline of the Constitution of the Chinese Soviet Republic." During the period of socialist construction, the CPC conducted a series of theoretical innovations and practical attempts while exploring the path of socialist rule of law, laying the foundation for the legal construction of New China. The 1954 Constitution of the People's Republic of China explicitly stipulated that "all power in the People's Republic of China belongs to the people," fixing the principle of people's democracy through the fundamental law and establishing the basic system where the Party leads the people in formulating and executing the law. Since the beginning of Reform and Opening-up, the CPC's legal theory has been based on the foundations and explorations of the socialist construction period, while continuously strengthening innovative development with Chinese characteristics. Building on the summation of historical experience, the Party gradually established "governing the country according to law" as a basic strategy for governance. After socialism with Chinese characteristics entered the New Era, the Fourth Plenary Session of the 18th CPC Central Committee took the comprehensive advancement of law-based governance as its theme for the first time. It proposed the general goal of "building a system of socialist rule of law with Chinese characteristics and building a socialist country under the rule of law," elevating the rule of law from a governance strategy to the height of a national strategy, emphasizing its systemic, holistic, and synergetic nature. On November 16–17, 2020, at the Central Conference on Work Related to Overall Law-based Governance, Xi Jinping Thought on the Rule of Law was formally proposed. It is a scientific summation of the rich practice and precious experience of the CPC in leading legal construction, embodying the crystallization of wisdom formed by Chinese Communists during their long-term exploration.

Third, Xi Jinping Thought on the Rule of Law is the legal guarantee for the modernization of the national governance system and governance capacity. The Third Plenary Session of the 18th CPC Central Committee proposed that the general goal of comprehensively deepening reform is to "improve and develop the system of socialism with Chinese characteristics and promote the modernization of the national governance system and governance capacity." Building on this, the Fourth Plenary Session of the 19th Central Committee and the Third Plenary Session of the 20th Central Committee made specific strategic deployments for this modernization. General Secretary Xi Jinping pointed out: "Adhering to comprehensive law-based governance of the country is a significant advantage of the socialist state system and national governance system with Chinese characteristics. As the practice of socialism with Chinese characteristics moves one step forward, the construction of the rule of law must follow suit." This requires that legal construction must actively respond to and resolve a series of new challenges and problems, such as an incomplete legal system, ineffective implementation of the law, weak legal supervision, and insufficient legal safeguards. Xi Jinping Thought on the Rule of Law permeates various fields—including economic, political, cultural, social, and ecological civilization construction—and covers all aspects of reform and stability, internal and foreign affairs, national defense, and the governance of the Party, the state, and the military. It provides profound insight into China's specific national conditions and the reality of legal construction, offering scientific guidance for understanding the important position of comprehensive law-based governance and providing the fundamental baseline for modernizing national governance and building a "Law-based China" of a higher level.

Fourth, Xi Jinping Thought on the Rule of Law is the latest achievement in the Sinicization of Marxist legal theory. Always adhering to the "Two Combinations" ^[4]—integrating the basic tenets of Marxism with China's specific realities and with China's fine traditional culture—is the fundamental way for our Party to correctly answer the major questions posed by the times and practice, and to maintain the vigorous vitality of Marxism. Xi Jinping Thought on the Rule of Law is based on the overall strategic situation of the development of socialism with Chinese characteristics in the New Era. It consciously applies the basic principles of Marxist legal theory, adheres to the basic principles of scientific socialism, stays rooted in China's fine traditional legal culture, and draws on the beneficial achievements of human legal civilization. It deeply examines the internal contradictions in the development of contemporary Chinese rule of law, scientifically reveals the basic laws of the development of socialist rule of law with Chinese characteristics, and achieves major breakthroughs, innovations, and developments in theory. Xi Jinping Thought on the Rule of Law is both a continuation of and an advancement on the Party's long-established legal theories. It is the latest result of the Sinicization of Marxist legal theory, inheriting and developing it, and making major original and integrated contributions that open up new realms for Marxist legal theory.

Fifth, Xi Jinping Thought on the Rule of Law is the strategic guide for promoting high-quality development. High-quality development is the primary task of comprehensively building a modern socialist country. As an important cornerstone of national governance, the rule of law provides a fundamental, holistic, and long-term guarantee for high-quality development. This protective role is manifested in all aspects of economic and social development, such as building a stable and orderly institutional environment, providing a market environment of fair competition, escorting innovation-driven development and green transformation, and fortifying the bottom line for social well-being and risk prevention. In essence, high-quality development is a systemic and coordinated development under the guidance of the rule of law; the rule of law is both the "escort" of development and an "endogenous variable" of development. Only by incorporating economic and social development into the track of the rule of law can we ensure that the transformation of quality, efficiency, and momentum proceeds steadily and far. Xi Jinping Thought on the Rule of Law provides legal solutions for the major tasks, problems, and challenges related to high-quality development, giving us a strategic legal guide to "nurture opportunities amid crises and open new chapters amid changes." ^[5]

Sixth, Xi Jinping Thought on the Rule of Law represents Chinese wisdom for promoting the transformation of global governance. General Secretary Xi Jinping pointed out: "As China moves toward the center of the world stage and participates in international affairs as a responsible major power, we must be adept at using the rule of law." Currently, the relationship between China and the world is undergoing profound changes, and the international rule of law faces severe challenges. China advocates and practices true multilateralism, remains committed to promoting the building of a community with a shared future for humanity and a new type of international relations, and promotes the development of the international order in a more just and reasonable direction. Xi Jinping Thought on the Rule of Law persists in the coordinated advancement of domestic rule of law and foreign-related rule of law, continuously enriching and improving the theoretical system of China's international law in the New Era. With a constructive attitude, it actively participates in the formulation of international rules, resolutely safeguards the common interests of the international community, and promotes the cause of human progress. It contributes China's legal strength to the transformation of the global governance system and the building of a community with a shared future for humanity, while providing Chinese wisdom and Chinese solutions for the development of world legal civilization.