习近平法治思想是马克思主义法治理论中国化的新发展新飞跃 
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Xi Jinping Thought on the Rule of Law Is a New Development and New Leap Forward in the Sinicization of Marxist Theory on the Rule of Law

习近平法治思想是马克思主义法治理论中国化的新发展新飞跃 

This article lays out the theoretical basis of the recent party-state push to develop Xi Jinping Thought on the Rule of Law as a core part of Socialism with Chinese characteristics.


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A new era breeds new ideas, and new ideas guide new practices. Since the 18th National Congress of the Chinese Communist Party (CCP), General Secretary Xi Jinping has put forward a series of new concepts, new ideas, and new strategies concerning the rule of law while involved in leading the great practice of the comprehensive rule of law (全面依法治国), innovating and developing the theory of the socialist rule of law with Chinese characteristics. The formulation of Xi Jinping Thought on the Rule of Law is a new development and a leap forward in the sinicization of Marxist theory on the rule of law. In November 2020, the Central Work Conference on the Comprehensive Rule of Law formally and clearly put forward Xi Jinping Thought on the Rule of Law and established it as the guiding ideology for the comprehensive rule of law in the new era. This was a milestone in the history of the development of Marxist theory on the rule of law and the history of the construction of the socialist rule of law in China. Xi Jinping Thought on the Rule of Law is a scientific theoretical system rich in connotations and with profound exposition, rigorous logic, and a complete system. It is the latest achievement of the sinicization of Marxist theory on the rule of law. It is an important part of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era. It is the fundamental guide to be followed and acted on for the comprehensive rule of law. 

新时代孕育新思想,新思想指导新实践。党的十八大以来,习近平总书记在领导全面依法治国的伟大实践中,提出一系列法治新理念新思想新战略,创新发展了中国特色社会主义法治理论,创立了习近平法治思想,这是马克思主义法治理论中国化的新发展新飞跃。202011月,中央全面依法治国工作会议正式明确提出习近平法治思想,并将其确立为新时代全面依法治国的指导思想,这在马克思主义法治理论发展史和中国社会主义法治建设史上具有里程碑意义。习近平法治思想是一个内涵丰富、论述深刻、逻辑严密、系统完备的科学理论体系,是马克思主义法治理论中国化的最新成果,是习近平新时代中国特色社会主义思想的重要组成部分,是全面依法治国的根本遵循和行动指南 

I. Xi Jinping Thought on the Rule of Law Is a Scientific Theoretical System with Rich Connotations and a Complete System

一、习近平法治思想是内涵丰富、系统完备的科学理论体系 

Xi Jinping Thought on the Rule of Law has a scientific theoretical form, a fresh theoretical style, and dialectical theoretical thinking. From the perspective of the linkage of history and reality, international and domestic correlation, and the combination of theory and practice, it has profoundly answered a series of major questions, such as why the comprehensive rule of law is implemented in the new era and how to implement the comprehensive rule of law. It points out the political direction, important status, work layout, key tasks, important relationships, and important guarantees for the comprehensive governance of the country according to law. Xi Jinping Thought on the Rule of Law covers various issues concerning the rule of law, including reform, development, and stability; domestic affairs, foreign affairs, and national defense; and the governance of the party, the country, and the military. Conceptually, it is systematically integrated; logically, it is connected organically; and discursively, it has an original style. It shows a profound theoretical foundation, a rigorous logical structure, and a distinct value orientation. It is the most comprehensive, systematic, and scientific theoretical system of the rule of law in the history of our Party, the history of the People’s Republic of China, and the history of the development of socialism. 

习近平法治思想具有科学的理论形态、鲜明的理论风格和辩证的理论思维,从历史和现实相贯通、国际和国内相关联、理论和实际相结合上深刻回答了新时代为什么实行全面依法治国、怎样实行全面依法治国等一系列重大问题,指明了全面依法治国的政治方向、重要地位、工作布局、重点任务、重大关系、重要保障。习近平法治思想覆盖改革发展稳定、内政外交国防、治党治国治军等各方面的法治问题,在概念上系统集成、逻辑上有机衔接、话语上自成一体,展现出深厚的理论底蕴、缜密的逻辑架构和鲜明的价值指向,是我们党的历史上、中华人民共和国历史上、社会主义发展史上最为全面、系统、科学的法治理论体系 

The main content and theoretical essence of Xi Jinping Thought on the Rule of Law are embodied in the “Eleven Upholds” proposed by General Secretary Xi Jinping at the Central Work Conference on Comprehensive Rule of Law, which can be theoretically and logically divided into six aspects. 

习近平法治思想的主要内容和理论精髓,集中体现为习近平总书记在中央全面依法治国工作会议上提出的十一个坚持,从理论逻辑上可以分为六个方面 

(i) Theoretical Viewpoints on the Political Direction of Comprehensive Rule of Law

(一)关于全面依法治国政治方向的理论观点 

The political direction of comprehensive rule of law determines the success or failure of the construction of the rule of law. The political direction of comprehensive rule of law is concentrated on the issues of who leads the comprehensive rule of law, whom to serve and whom to rely on, and what path to take. Xi Jinping Thought on the Rule of Law scientifically answers these fundamental questions and provides scientific guidance, allowing us to improve our political judgment, political comprehension, and political execution in the field of the rule of law. We must be deeply aware that “the leadership of the party is the soul of the socialist rule of law with Chinese characteristics, and it is the biggest difference between our rule of law and the rule of law in Western capitalist countries” and “to uphold the socialist rule of law with Chinese characteristics, the most fundamental thing is to uphold the leadership of the Chinese Communist Party.” We must consciously implement the Party’s leadership throughout the entire process and in all aspects of the rule of law and better implement the basic strategy of comprehensive rule of law. We must be deeply aware that “people-centered” is the core value of the socialist rule of law. The broadest and deepest foundation for the comprehensive rule of law is the people, and we must persist in serving and relying on the people. It is necessary to take the purposes of embodying the people’s interests, reflecting the people’s wishes, safeguarding the people’s rights and interests, enhancing the people’s well-being, and promoting the overall development of the people as the starting points and footholds in the construction of the rule of law and continuously enhance the people’s sense of gain, sense of happiness, sense of security, and sense of fairness. We must be deeply aware that “the road of socialist rule of law with Chinese characteristics is a concentrated expression of the achievements and experience in the construction of socialist rule of law and the only correct way to build a socialist country under the rule of law.” In the practice of building the rule of law, we must consciously uphold the leadership of the party, uphold the system of socialism with Chinese characteristics, and implement the theory of socialist rule of law with Chinese characteristics. Proceeding from China’s national conditions and reality, we must follow the path to the rule of law that suits us; we must never copy the models and practices of other countries; and we must not follow the so-called “constitutionalism,” “three powers,” and “independent judiciary” of the West. 

全面依法治国的政治方向决定法治建设的成败得失,全面依法治国的政治方向集中体现在全面依法治国由谁领导、为了谁依靠谁、走什么路等问题上,习近平法治思想科学回答了这些根本性问题,为我们提高法治领域的政治判断力、政治领悟力和政治执行力提供了科学指导。我们要深刻认识到党的领导是中国特色社会主义法治之魂,是我们的法治同西方资本主义国家的法治最大的区别”“坚持中国特色社会主义法治道路,最根本的是坚持中国共产党的领导,自觉地把党的领导贯彻到依法治国全过程和各方面,更好落实全面依法治国基本方略。要深刻认识到以人民为中心是社会主义法治的核心价值,全面依法治国最广泛、最深厚的基础是人民,必须坚持为了人民、依靠人民。要把体现人民利益、反映人民意愿、维护人民权益、增进人民福祉、促进人的全面发展作为法治建设的出发点和落脚点,不断增强人民群众获得感、幸福感、安全感、公平感。要深刻认识到中国特色社会主义法治道路,是社会主义法治建设成就和经验的集中体现,是建设社会主义法治国家的唯一正确道路,在法治建设实践中自觉坚持党的领导、坚持中国特色社会主义制度、贯彻中国特色社会主义法治理论。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,决不能走西方所谓宪政”“三权鼎立”“司法独立的路子 

(ii) Theoretical Viewpoints on the Important Status of Comprehensive Rule of Law

(二)关于全面依法治国重要地位的理论观点 

Proceeding from the long-term considerations of upholding and developing socialism with Chinese characteristics and realizing the great rejuvenation of the Chinese nation, Xi Jinping Thought on the Rule of Law profoundly answered the question of why the country should adopt the comprehensive rule of law and scientifically indicated the strategic positioning of comprehensive rule of law. We must be deeply aware that comprehensive rule of law is the basic strategy for upholding and developing socialism with Chinese characteristics in the new era. It has a fundamental, leading, and supporting role in the “Five in One” (五位一体) overall layout and the “Four Comprehensives” (四个全面) strategic layout. We must be deeply aware that the comprehensive rule of law is a profound revolution in national governance. We must dare to gnaw hard bones, storm dangerous beaches, and overcome difficulties; drastically promote the reform of the rule of law; and resolutely eliminate all obstacles in the institutions and mechanisms and ideological concepts for governing the country according to law, administering according to law, governing the army according to law, and handling affairs according to law. We must be deeply aware that the comprehensive rule of law is not only an essential requirement of socialism with Chinese characteristics, but also an important safeguard of socialism with Chinese characteristics. On the new journey of building a modernized socialist country in an all-round way and on the road of realizing the Chinese dream of the great rejuvenation of the Chinese nation, we must pay more attention to the rule of law; better enforce the rule of law; allow the rule of law to better play its important safeguard role in securing the foundation, stabilizing expectations, and conveying long-term benefits; and use the rule of law more effectively to respond to major challenges, resist major risks, overcome major obstacles, and resolve major contradictions. 

习近平法治思想从坚持和发展中国特色社会主义、实现中华民族伟大复兴的长远考虑出发,深刻回答了为什么要全面依法治国的问题,科学指明了全面依法治国的战略定位。我们要深刻认识到全面依法治国是新时代坚持和发展中国特色社会主义的基本方略,在五位一体总体布局和四个全面战略布局中具有基础性、引领性、支撑性作用;深刻认识到全面依法治国是国家治理的一场深刻革命,要敢于啃硬骨头、涉险滩、闯难关,大刀阔斧地推进法治领域的改革,坚决破除一切妨碍依法执政、依法治国、依法行政、依法治军、依法办事的体制机制弊端和思想观念;深刻认识到全面依法治国既是中国特色社会主义的本质要求,也是中国特色社会主义的重要保障,在全面建设社会主义现代化国家新征程上,在实现中华民族伟大复兴的中国梦的前进道路上,我们要更加重视法治、厉行法治,更好发挥法治固根本、稳预期、利长远的重要保障作用,更加有效地运用法治应对重大挑战、抵御重大风险、克服重大阻力、解决重大矛盾 

(iii) Theoretical Viewpoints on the Work Layout of Comprehensive Rule of Law

(三)关于全面依法治国工作布局的理论观点 

In finding ways to promote the comprehensive rule of law, the work layout is the critical thing and the guide. Proceeding from the overall layout and overall strategic situation of upholding and developing socialism with Chinese characteristics, General Secretary Xi Jinping proposed three theoretical propositions: “uphold the promotion of the modernization of the national governance system and governance capacity on the track of the rule of law,” “uphold the construction of a system of socialist rule of law with Chinese characteristics,” and “uphold the common promotion of national governance, exercise of power, and administration according to law and building a country under the rule of law, a government under the rule of law, and a society under the rule of law in an integrated manner.” This scientifically answered the question of the layout of the comprehensive rule of law, not only pointing out the general goal for the comprehensive rule of law, but also introducing the general starting point for the comprehensive rule of law. We must deeply grasp the strategic thinking, systematic thinking, and dialectical thinking in Xi Jinping Thought on the Rule of Law, anchor the overall goal, make good use of our overall grasp, and strive to open up a new situation in the construction of the rule of law in China. 

如何推进全面依法治国,工作布局很关键、是引领。习近平总书记从坚持和发展中国特色社会主义的总体布局和战略全局出发,提出坚持在法治轨道上推进国家治理体系和治理能力现代化”“坚持建设中国特色社会主义法治体系”“坚持依法治国、依法执政、依法行政共同推进,法治国家、法治政府、法治社会一体建设三个理论命题,科学回答了全面依法治国谋篇布局的问题,既为全面依法治国指明了总目标,又为全面依法治国推出了总抓手。我们要深刻把握习近平法治思想中的战略思维、系统思维和辩证思维,锚定总目标、用好总抓手,奋力开辟法治中国建设的新局面 

(iv) Theoretical Viewpoints on the Key Tasks of Comprehensive Rule of Law

(四)关于全面依法治国重点任务的理论观点 

While determining the strategy and work layout of comprehensive rule of law, General Secretary Xi Jinping proceeded from the goal of building a modernized socialist country in an all-round way. Proceeding from the actual needs of grasping the new development stage, implementing the new development concept, and building a new development pattern, he put forward the key tasks of comprehensive rule of law for the present and the future. The full implementation of the Constitution is the primary task of comprehensive rule of law. We must uphold the governance and exercise of power based on the Constitution, better demonstrate the power of China’s fundamental law, and allow China’s fundamental law to better play its role. Scientific legislation, strict law enforcement, impartial justice, and respect for the law by all people are the key aspects of the comprehensive rule of law. We must uphold the comprehensive promotion of scientific legislation, strict law enforcement, impartial justice, and respect for the law by all people; continue to advance reforms in the field of the rule of law; and resolve outstanding contradictions and problems in the fields of legislation, law enforcement, justice, and compliance with the law. Domestic rule of law and international rule of law (涉外法治, lit. rule of law involving foreign parties) are the two basic aspects of the construction of the rule of law in China. We must persist in promoting the domestic rule of law and international rule of law in a coordinated manner and resolutely safeguard national sovereignty, dignity, and core interests. We must fully grasp the aforementioned key tasks and use key breakthroughs to drive the overall smooth progress of the various tasks of the comprehensive rule of law. 

在确定全面依法治国战略和工作布局的同时,习近平总书记从全面建设社会主义现代化国家的目标要求出发,从把握新发展阶段、贯彻新发展理念、构建新发展格局的实际需要出发,提出了当前和今后一个时期全面依法治国的重点任务。全面贯彻实施宪法是全面依法治国的首要任务,要坚持依宪治国、依宪执政,更好展现国家根本法的力量、更好发挥国家根本法的作用。科学立法、严格执法、公正司法、全民守法是全面依法治国的关键环节,要坚持全面推进科学立法、严格执法、公正司法、全民守法,继续推进法治领域改革,解决好立法、执法、司法、守法等领域的突出矛盾和问题。国内法治和涉外法治是法治中国建设的两个基本面向,要坚持统筹推进国内法治和涉外法治,坚决维护国家主权、尊严和核心利益。我们要全面把握上述重点任务,以重点突破带动全面依法治国各项任务整体顺利推进 

(v) Theoretical Viewpoints on the Important Relationships of Comprehensive Rule of Law

(五)关于全面依法治国重大关系的理论观点 

The comprehensive rule of law involves a series of important dialectical relationships. How we correctly understand and handle these major dialectical relationships has an influence on the road to the rule of law, the effectiveness of the rule of law, and the success or failure of the rule of law. General Secretary Xi Jinping, with his lofty political wisdom and precise and sophisticated dialectical thinking, has deeply analyzed the relationship between political and legal affairs and the rule of law, democracy and dictatorship, reform and the rule of law, development and security, the rule of law and the rule of virtue, and the rule of law and the rule of the Party and has made scientific expositions on each one. In this way, he has clarified the vague understanding and wrong views on these issues and clearly interpreted the Marxist positions, viewpoints, and methods for the correct understanding and handling of these relationships 

全面依法治国涉及一系列重大辩证关系,如何正确认识和处理这些重大辩证关系,事关法治道路、法治效能和法治成败。习近平总书记以高屋建瓴的政治智慧和精准练达的辩证思维,深刻分析了政治和法治、民主和专政、改革和法治、发展和安全、依法治国和以德治国、依法治国和依规治党等关系,并一一作出了科学论述,厘清了这些问题上的模糊认识和错误观点,为正确认识和处理这些关系释明了马克思主义的立场、观点和方法 

(vi) Theoretical Viewpoints on the Important Guarantees of Comprehensive Rule of Law

(六)关于全面依法治国重要保障的理论观点 

The comprehensive rule of law requires a strong and powerful system of guarantees, including political guarantees, institutional guarantees, ideological guarantees, organizational guarantees, talent guarantees, operational guarantees, and scientific and technological guarantees. General Secretary Xi Jinping profoundly expounded various guarantee issues related to the comprehensive rule of law. Among them, based on the basic concepts of using talents to strengthen the country and strengthen the law, he emphasized that the comprehensive rule of law must focus on the construction of a rule-of-law work team. We must grasp the “critical minority” of leading cadres; attach importance to the key role of leading cadres; and require leading cadres at all levels to take the lead in respecting the rule of law, respecting the law, understanding the law, and mastering the law. We must continuously improve the ability to use rule-of-law thinking and methods to deepen reforms; promote development; resolve contradictions; maintain stability; and respond to risks and become a model of respect for law, study of law, compliance with law, and use of law. 

全面依法治国需要坚强有力的保障体系,包括政治保障、制度保障、思想保障、组织保障、人才保障、运行保障、科技保障等。习近平总书记深刻论述了全面依法治国的各项保障问题。其中,基于人才强国、人才强法的基本理念,强调全面依法治国必须重视法治工作队伍建设,必须抓住领导干部这个关键少数,重视发挥领导干部关键作用,要求各级领导干部带头尊崇法治、敬畏法律,了解法律、掌握法律,不断提高运用法治思维和法治方式深化改革、推动发展、化解矛盾、维护稳定、应对风险的能力,做尊法学法守法用法的模范 

II. Xi Jinping Thought on the Rule of Law Is the Latest Achievement in the Sinicization of Marxist Theory on the Rule of Law

二、习近平法治思想是马克思主义法治理论中国化的最新成果 

The formation and development of Xi Jinping Thought on the Rule of Law embody the theoretical logic of Marxist theory on the rule of law that is derived from the same root and keeps pace with the times. “In the history of human thought, no ideological theory has produced such a broad and profound impact on mankind as Marxism.” “This theory is like a glorious sunrise that illuminates the way by which mankind can explore the laws of history and seek self-liberation.” The Marxist theory on the rule of law is an organic part of the Marxist theoretical system. Its essence runs through the classic works of Karl Marx, Friedrich Engels, and Vladimir Lenin. It is a precious spiritual wealth in the history of human legal thought. For the first time, Marx and Engels profoundly revealed the inner connection of law with class and class struggle, the inevitable connection of law with the state and political power, the causal connection of law with the material conditions of society, and the different functions and values of law in the different forms of societies and states. They thoroughly analyzed the basic principles of law, the rule of law, and the science of law; proposed many important thoughts on the rule of law; and established a scientific world outlook, methodology, and theory of value with respect to law. With its distinctive principles of historical materialism, Marxist theory on the rule of law revealed the general law governing the development of human law, analyzed the special law governing the development of the capitalist rule of law, and clarified the fundamental legal principles of communist society. This is a great revolution in the history of human thought and legal science, which has produced a broad and lasting influence. 

习近平法治思想的形成和发展,体现了马克思主义法治理论既一脉相承又与时俱进的理论逻辑。在人类思想史上,没有一种思想理论像马克思主义那样对人类产生了如此广泛而深刻的影响。”“这一理论犹如壮丽的日出,照亮了人类探索历史规律和寻求自身解放的道路。马克思主义法治理论是马克思主义理论体系的有机组成部分,其精髓贯穿在马克思、恩格斯、列宁的经典著作中,是人类法治思想史上弥足珍贵的精神财富。马克思、恩格斯第一次深刻揭示了法与阶级和阶级斗争的内在联系,法与国家和政权之间的必然联系,法与社会物质生活条件的因果联系,法在不同社会形态和国家形态中的不同功能和价值,透彻分析了法律、法治和法学的基本原理,提出了许多重要的法治思想,创立了科学的法学世界观、方法论和价值论。马克思主义法治理论以其鲜明的历史唯物主义原理,揭示了人类法治发展的一般规律,剖析了资本主义法治发展的特殊规律,阐明了共产主义社会的根本法理,是人类思想史、法学史上的伟大变革,产生了广泛而持久的影响力 

From the epoch-making founding of the Party to the world-changing founding of New China to the earth-shaking reform and opening up to the historic achievements and historical changes in the cause of the Party and the country since the 18th Party Congress, the members of the CCP have adhered to the integration of the basic principles of Marxism while accounting for the specific reality of China and have continued to promote the sinicization and modernization of Marxism. In this historical process, the CCP members have united and led the people of the whole country through long-term struggle to complete the new democratic revolution and the socialist revolution, establish the People’s Republic of China and the basic socialist system, carry out the arduous exploration of socialist construction, and realize the great leap of the Chinese nation from the sick man of East Asia to standing up. Since reform and opening up, we have carried out the great new practice of building socialism with Chinese characteristics, enabling China to catch up with the times with great strides and realizing the great leap of the Chinese nation from standing up to becoming prosperous. In the new era of socialism with Chinese characteristics, we must carry out great struggles, build great projects, advance great undertakings, realize great dreams, and promote the Party and the country to realize all-round and groundbreaking historical achievements as well as in-depth and fundamental historical changes. The Chinese nation has ushered in a great leap from becoming prosperous to becoming strong. At the same time, with the tremendous changes in Chinese society since the twentieth century and the historic leaps of Marxism, the process of the sinicization of the Marxist theory on the rule of law has been magnificent and has advanced with the times. We are constantly achieving new developments and opening up new realms. 

从建党的开天辟地,到新中国成立的改天换地,到改革开放的翻天覆地,再到党的十八大以来党和国家事业取得历史性成就、发生历史性变革,中国共产党人坚持马克思主义基本原理同中国具体实际相结合,不断推进马克思主义中国化时代化。在这一历史进程中,中国共产党人团结带领全国人民经过长期奋斗,完成新民主主义革命和社会主义革命,建立起中华人民共和国和社会主义基本制度,进行了社会主义建设的艰辛探索,实现了中华民族从东亚病夫到站起来的伟大飞跃;改革开放以来,进行了建设中国特色社会主义新的伟大实践,使中国大踏步赶上了时代,实现了中华民族从站起来到富起来的伟大飞跃;在中国特色社会主义新时代,进行伟大斗争、建设伟大工程、推进伟大事业、实现伟大梦想,推动党和国家事业取得全方位、开创性历史成就,发生深层次、根本性历史变革,中华民族迎来了从富起来到强起来的伟大飞跃。与此同时,伴随着20世纪以来中国社会的巨大变革和马克思主义的历史性飞跃,马克思主义法治理论中国化的过程波澜壮阔、与时俱进,不断取得新发展、开辟新境界 

(i) The Birth of Rule of Law Theory in Mao Zedong Thought Opened the New Process of the Sinicization of Marxist Theory on the Rule of Law

(一)毛泽东思想的法治理论的诞生,开启了马克思主义法治理论中国化新进程 

In the great practices of the new democratic revolution and socialist revolution and construction, the members of the CCP, with Comrade Mao Zedong as their main representative, combined the basic principles of Marxism-Leninism with the concrete practice of the Chinese revolution to create Mao Zedong Thought. Mao Zedong Thought contains a rich theory of the rule of law. The rule of law theory in Mao Zedong Thought not only opened a new page in the history of Chinese legal thought, but also laid a theoretical foundation for the construction of the new democratic legal system and the socialist legal system. It profoundly expounded the basic theory of the new democratic legal system and pointed out the direction for the construction of the new democratic legal system. It creatively put forward the concept of “internal Party regulations” (党内法规), promoting the standardization and institutionalization of the Party, maintaining the unity of the Party, and gathering the great strength of the Party. It profoundly laid out the basic principles of the socialist state system and legal system and established a theoretical foundation for the construction of a people’s democratic dictatorship led by the working class and based on the alliance of workers and peasants, the government system of the people’s congress system, and the basic system of the state. It incisively expounded on the correct understanding and handling of two types of contradictions of different natures, forming a criminal policy thought with Chinese characteristics. It is precisely under the guidance of Mao Zedong Thought on the rule of law that we established a new socialist legal system and ushered in a new era of socialist rule of law; determined the basic political system, economic system, legislative system, and judicial system of socialist New China as well as the basic principles of the socialist legal system; and formulated hundreds of laws, decrees, and regulations to provide the necessary legal basis and guarantees for socialist revolution and construction. 

在新民主主义革命、社会主义革命和建设的伟大实践中,以毛泽东同志为主要代表的中国共产党人,把马克思列宁主义的基本原理同中国革命的具体实践结合起来,创立了毛泽东思想。毛泽东思想包含着丰富的法治理论。毛泽东思想的法治理论不仅翻开了中国法律思想史的崭新一页,而且为新民主主义法制和社会主义法制建设奠定了理论基础。其深刻阐述了新民主主义法制的基本理论,为建设新民主主义法制指明了方向;创造性地提出了党内法规概念,推进党的规范化制度化建设,维护党的团结统一、凝聚党的伟大力量;深刻论述了社会主义国家制度和法律制度的基本原理,为建设工人阶级领导的、以工农联盟为基础的人民民主专政的国体、人民代表大会制度的政体和国家基本制度确立了理论基础;精辟论述了关于正确认识和处理两类不同性质矛盾的学说,形成了具有中国特色的刑事策略思想。正是在毛泽东思想的法治理论指引下,我们创立了社会主义新法制,开启了社会主义法治新纪元,确定了社会主义新中国的基本政治制度、经济制度、立法体制、司法制度以及社会主义法制的基本原则,制定了数百部法律、法令、法规,为社会主义革命和建设提供了必要的法律依据和保障 

(ii) The Formation of the Theory of Socialist Rule of Law with Chinese Characteristics Has Written a New Chapter in the Sinicization of Marxist Theory on the Rule of Law

(二)中国特色社会主义法治理论的形成,谱写了马克思主义法治理论中国化新篇章 

Since the Third Plenum of the 11th Central Committee of the CCP, the members of the CCP, with Comrade Deng Xiaoping as their main representative, summed up the positive and negative experiences since the founding of New China; emancipated their minds; sought truth from facts; realized the shift of the center of the party’s work to economic construction; implemented reform and opening up; gradually formed the routes, guidelines, and policies for building socialism with Chinese characteristics; clarified the basic issues of building socialism and consolidating and developing socialism in China; and established Deng Xiaoping Theory. Since the Fourth Plenum of the 13th Central Committee of the CCP, the members of the CCP, with Comrade Jiang Zemin as their main representative, have deepened their understanding of what socialism is, how to build socialism, what kind of Party we build, and how to build the Party in the practice of building socialism with Chinese characteristics. They accumulated valuable new experience in governing the Party and the country and formed the important thinking of the “Three Represents.” Since the 16th Party Congress, the members of the CCP, with Comrade Hu Jintao as their main representative, have adhered to Deng Xiaoping Theory and the important thinking of the “Three Represents” as a guide. In accordance with the new development requirements, they deeply understood and answered major questions about what kind of development to achieve under the new situation and how to develop, and formed the Scientific Development Concept of people-oriented, comprehensive, coordinated, and sustainable development. Deng Xiaoping Theory, the important thinking of the “Three Represents”, and the Scientific Development Concept contain rich theories of the rule of law, which have formed and continuously developed the theory of socialist rule of law with Chinese characteristics. The theory of the socialist rule of law with Chinese characteristics clearly states that the implementation of the “Four Modernizations” must “grasp construction with one hand and the legal system with the other,” and it is necessary to implement the principle of “there are laws to follow, laws must be followed, law enforcement must be strict, violations must be investigated, and everyone is equal before the law.” “Democracy must be institutionalized and legalized so that this system and the law will not be changed due to changes in leaders or due to changes in the views and attention of leaders.” “Rule the country by law and build a socialist country ruled by law,” “we must adhere to the combination of governing the country by law and governing the country by virtue,” “to develop socialist democratic politics, the most fundamental thing is to organically unite upholding the leadership of the Party, the people as the masters of the country, and the rule of law,” “a country governed by law must first be governed by the constitution, and the exercise of power under the rule of law must first be governed by the constitution,” etc. It was precisely under the guidance of the theory of socialist rule of law with Chinese characteristics that the 1982 Constitution, the current constitution, was promulgated and implemented. This opened a new era of the construction of the socialist rule of law with Chinese characteristics. It formed a socialist legal system with Chinese characteristics centered on the Constitution; established a legal system that meets the needs of the socialist market economy, democratic politics, advanced culture, harmonious society, ecological civilization, and opening to the outside world; and provided a powerful legal guarantee for reform and opening up and socialist modernization construction in the new era. 

党的十一届三中全会以来,以邓小平同志为主要代表的中国共产党人,总结新中国成立以来正反两方面的经验,解放思想,实事求是,实现全党工作中心向经济建设的转移,实行改革开放,逐步形成了建设中国特色社会主义的路线、方针、政策,阐明了在中国建设社会主义、巩固和发展社会主义的基本问题,创立了邓小平理论。党的十三届四中全会以来,以江泽民同志为主要代表的中国共产党人,在建设中国特色社会主义的实践中,加深了对什么是社会主义、怎样建设社会主义和建设什么样的党、怎样建设党的认识,积累了治党治国新的宝贵经验,形成了三个代表重要思想。党的十六大以来,以胡锦涛同志为主要代表的中国共产党人,坚持以邓小平理论和三个代表重要思想为指导,根据新的发展要求,深刻认识和回答了新形势下实现什么样的发展、怎样发展等重大问题,形成了以人为本、全面协调可持续发展的科学发展观。邓小平理论、三个代表重要思想和科学发展观蕴含着丰富的法治理论,形成并不断发展了中国特色社会主义法治理论。中国特色社会主义法治理论明确提出搞四个现代化必须一手抓建设,一手抓法制,必须实行有法可依,有法必依,执法必严,违法必究,在法律面前人人平等的原则,必须使民主制度化、法律化,使这种制度和法律不因领导人的改变而改变,不因领导人的看法和注意力的改变而改变依法治国,建设社会主义法治国家要坚持依法治国和以德治国相结合发展社会主义民主政治,最根本的是要把坚持党的领导、人民当家作主和依法治国有机统一起来依法治国首先要依宪治国,依法执政首先要依宪执政,等等。正是在中国特色社会主义法治理论指引下,1982年宪法即现行宪法公布实施,开启了中国特色社会主义法治建设新时期;形成了以宪法为核心的中国特色社会主义法律体系,建立起了适应社会主义市场经济、民主政治、先进文化、和谐社会、生态文明、对外开放所需要的法律制度,为新时期改革开放和社会主义现代化建设提供了有力的法治保障 

(iii) The Creation of Xi Jinping Thought on the Rule of Law Is a New Leap Forward in the Sinicization of Marxist Theory on the Rule of Law

(三)习近平法治思想的创立,实现了马克思主义法治理论中国化新飞跃 

Since the 18th Party Congress, the members of the CCP, with Comrade Xi Jinping as their main representative, have conformed to the development of the times; systematically answered the major issues of the era—what kind of socialism with Chinese characteristics to uphold and develop in the new era, and how to uphold and develop socialism with Chinese characteristics—from the combination of theory and practice; and created Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era. Under the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, the CCP has led the people of all ethnic groups across the country, coordinating the performance of great struggles, great projects, great undertakings, and great dreams and pushing socialism with Chinese characteristics into a new era. Xi Jinping Thought on Socialism with Chinese Characteristics for the New Era contains a wealth of theories on the rule of law, providing a concentrated embodiment of our Party’s theoretical innovations in the field of the rule of law. General Secretary Xi Jinping used his firm will to enforce the rule of law, his talents and strategy to strengthen the country by law, and his foresight in governing the Party in accordance with the rules in the practice of writing a new chapter and opening a new round in the construction of the rule of law in China; deeply answered the major theoretical and practical questions of the comprehensive rule of law in the new era; put forward a series of new ideas and strategies with original, distinctive, and integrated significance for the comprehensive rule of law; and established Xi Jinping Thought on the Rule of Law. 

党的十八大以来,以习近平同志为主要代表的中国共产党人,顺应时代发展,从理论和实践结合上系统回答了新时代坚持和发展什么样的中国特色社会主义、怎样坚持和发展中国特色社会主义这个重大时代课题,创立了习近平新时代中国特色社会主义思想。在习近平新时代中国特色社会主义思想指导下,中国共产党领导全国各族人民,统揽伟大斗争、伟大工程、伟大事业、伟大梦想,推动中国特色社会主义进入了新时代。习近平新时代中国特色社会主义思想包含着丰富的法治理论,集中体现我们党在法治领域的理论创新。习近平总书记在领导法治中国建设谋新篇、开新局实践中,以厉行法治的坚定意志、奉法强国的雄才大略、依规治党的远见卓识,深刻回答了新时代全面依法治国的重大理论和实践问题,提出了一系列具有原创性、独创性和集成性意义的全面依法治国新理念新思想新战略,创立了习近平法治思想 

For a long time, General Secretary Xi Jinping has considered and planned the construction of the rule of law from the strategic level of long-term stability and peace of the Party and the country, deepened the theoretical foundation of the comprehensive rule of law, and consolidated the political conviction in strengthening the country by law. General Secretary Xi Jinping pointed out: “The facts of the development of human society prove that governance according to law is the most reliable and stable governance.”  The issue of the rule of law and the rule of the individual (人治) is a basic issue in the history of human political civilization, and it is also a major issue that all countries must face and resolve in the process of achieving modernization. Looking at the modern history of the world, none of the countries that have successfully achieved modernization have failed to solve the problems of the rule of law and the rule of the individual. On the contrary, although some countries have achieved rapid development for a time, they have not successfully stepped through the threshold of modernization. Instead, they have fallen into this or that ‘trap’ and their economic and social development has stagnated or even regressed. The latter situation is, to a great extent, related to the lack of the rule of law . . .  History is our best teacher. Experience and lessons have made our Party deeply aware that the rule of law is an indispensable and important means of governing the country. The flourishing of the rule of law leads to the flourishing of the country, while the decline of the rule of law leads to chaos in the country. When the rule of law is emphasized and the rule of law flourishes, this is when the country will be peaceful and the people will be safe. When the rule of law is ignored and relaxed, this is when the country will be in chaos and the people will complain. Based on this historical materialist view of the rule of law, General Secretary Xi Jinping proposed to “comprehensively govern the country according to law” and incorporated the comprehensive rule of law into the “Four Comprehensives” strategic layout. It went on to become one of the basic strategies for upholding and developing socialism with Chinese characteristics. Xi Jinping emphasized that: We must grasp the place of the comprehensive rule of law in the strategic layout of the ‘Four Comprehensives,’ have a deep understanding of the relationship between the comprehensive rule of law and the other three ‘Comprehensives,’ and strive to achieve the mutual complementarity, promotion, and enhancement of the ‘Four Comprehensives’ . . .  The rule of law is an essential requirement and an important guarantee for upholding and developing socialism with Chinese characteristics and an inevitable requirement for achieving the modernization of the country’s governance system and governance capacity. If we want to achieve economic development, political clarity, cultural prosperity, social justice, and sound ecology, the rule of law must better play its leading and normative role . . .  We are facing unprecedented tasks of reform, development, and stability as well as unprecedented contradictions, risks, and challenges. The priority of governing the country according to law has become more prominent and its role more important. We must unswervingly implement the basic strategy of governing the country according to law and the basic method of exercising power under the rule of law and unswervingly lead the people in building a socialist country ruled by law . . . The comprehensive promotion of the rule of law is a major strategic task to better govern the country our Party puts forward starting from considerations of adhering to and developing socialism with Chinese characteristics. It is also an overall issue related to our Party’s governance and the rejuvenation of the nation. The implementation of this major strategic task is of immense significance to promoting sustained and healthy economic development, maintaining social harmony and stability, realizing social fairness and justice, building a well-off society in an all-round way, and realizing the great rejuvenation of the Chinese nation.  General Secretary Xi Jinping used this historical materialist strategic thinking on the rule of law to educate the whole Party and the people of the whole country to unswervingly follow the path of strengthening the country by law and allow the rule of law to better play its guarantee role in securing the foundation, stabilizing expectations, and creating long-term benefits. 

长期以来,习近平总书记从党和国家长治久安的战略层面思考和谋划法治建设,深化了全面依法治国的理论基础,夯实了奉法强国的政治信念。习近平总书记指出:人类社会发展的事实证明,依法治理是最可靠、最稳定的治理。”“法治和人治问题是人类政治文明史上的一个基本问题,也是各国在实现现代化过程中必须面对和解决的一个重大问题。综观世界近现代史,凡是顺利实现现代化的国家,没有一个不是较好解决了法治和人治问题的。相反,一些国家虽然也一度实现快速发展,但并没有顺利迈进现代化的门槛,而是陷入这样或那样的陷阱,出现经济社会发展停滞甚至倒退的局面。后一种情况很大程度上与法治不彰有关。”“历史是最好的老师。经验和教训使我们党深刻认识到,法治是治国理政不可或缺的重要手段。法治兴则国家兴,法治衰则国家乱。什么时候重视法治、法治昌明,什么时候就国泰民安;什么时候忽视法治、法治松弛,什么时候就国乱民怨。基于这些历史唯物主义法治观点,习近平总书记提出全面依法治国,并把全面依法治国纳入四个全面战略布局,进而上升为坚持和发展中国特色社会主义的基本方略之一,强调要把全面依法治国放在四个全面的战略布局中来把握,深刻认识全面依法治国同其他三个全面的关系,努力做到四个全面相辅相成、相互促进、相得益彰依法治国是坚持和发展中国特色社会主义的本质要求和重要保障,是实现国家治理体系和治理能力现代化的必然要求。我们要实现经济发展、政治清明、文化昌盛、社会公正、生态良好,必须更好发挥法治引领和规范作用。”“我们面对的改革发展稳定任务之重前所未有,矛盾风险挑战之多前所未有,依法治国地位更加突出、作用更加重大。我们必须坚定不移贯彻依法治国基本方略和依法执政基本方式,坚定不移领导人民建设社会主义法治国家。”“全面推进依法治国,是我们党从坚持和发展中国特色社会主义出发、为更好治国理政提出的重大战略任务,也是事关我们党执政兴国的一个全局性问题。落实好这项重大战略任务,对推动经济持续健康发展、维护社会和谐稳定、实现社会公平正义,对全面建成小康社会、实现中华民族伟大复兴,都具有十分重大的意义。习近平总书记用这种历史唯物主义法治战略思想教育全党和全国人民要坚定不移走奉法强国之路,更好发挥法治固根本、稳预期、利长远的保障作用 

In order to further promote the comprehensive rule of law and accelerate the construction of the rule of law in China, General Secretary Xi Jinping proposed the “Eleven Upholds,” namely: uphold the party’s leadership of the comprehensive rule of law; uphold the people-centered principle; uphold the path of the socialist rule of law with Chinese characteristics; uphold the governance of the country and exercise of power based on the Constitution; uphold the promotion of the modernization of the national governance system and governance capacity on the track of the rule of law; uphold the construction of a system of socialist rule of law with Chinese characteristics; uphold the common promotion of national governance, exercise of power, and administration based on law and the integrated construction of a country ruled by law, a government ruled by law, and a society ruled by law; uphold the overall promotion of scientific legislation, strict law enforcement, fair justice, and respect for the law by all people; uphold the overall promotion of the domestic rule of law and international rule of law; uphold the building of a high-quality legal work team with both ability and political integrity; and uphold the seizing on the “critical minority” of leading cadres. The “Eleven Upholds” is a creative development of the Marxist theory on the rule of law and the theory of the socialist rule of law with Chinese characteristics and opened up a new realm for the sinicization of the Marxist theory on the rule of law. 

为了深入推进全面依法治国,加快建设法治中国,习近平总书记提出了十一个坚持,即:坚持党对全面依法治国的领导,坚持以人民为中心,坚持中国特色社会主义法治道路,坚持依宪治国、依宪执政,坚持在法治轨道上推进国家治理体系和治理能力现代化,坚持建设中国特色社会主义法治体系,坚持依法治国、依法执政、依法行政共同推进,法治国家、法治政府、法治社会一体建设,坚持全面推进科学立法、严格执法、公正司法、全民守法,坚持统筹推进国内法治和涉外法治,坚持建设德才兼备的高素质法治工作队伍,坚持抓住领导干部这个关键少数。这十一个坚持是对马克思主义法治理论和中国特色社会主义法治理论的创造性发展,开辟了马克思主义法治理论中国化的新境界 

The 100-year history of the sinicization of Marxist theory on the rule of law fully embodies the fact that the theoretical results of the sinicization of Marxist theory on the rule of law are “scientific theories that are derived from the same root and keep pace with the times.” It fully demonstrates that Xi Jinping Thought on the Rule of Law has the theoretical character of integrity and innovation. It is an organic unity of science, human nature, and practicality. It is a contemporary Chinese Marxist theory of the rule of law and a twenty-first-century Marxist theory of the rule of law. 

马克思主义法治理论中国化的百年历程,充分体现了马克思主义法治理论中国化的这些理论成果是既一脉相承又与时俱进的科学理论,充分展现了习近平法治思想具有守正创新的理论品格,是科学性、人民性、实践性的有机统一,是当代中国马克思主义法治理论、二十一世纪马克思主义法治理论 

III. Xi Jinping Thought on the Rule of Law Is an Important Part of Xi Jinping Thought on Socialism with Chinese Characteristics in the New Era 

三、习近平法治思想是习近平新时代中国特色社会主义思想的重要组成部分 

Xi Jinping Thought on the Rule of Law is an important part of Xi Jinping Thought on Socialism with Chinese Characteristics in the New Era. It is the “rule of law chapter” in Xi Jinping Thought on Socialism with Chinese Characteristics in the New Era. In view of its significance as a strategic component in Xi Jinping Thought on Socialism with Chinese Characteristics in the New Era, its distinctive theoretical style, its rich scientific connotation, and the practical need to further promote the comprehensive rule of law, the proposal of Xi Jinping Thought on the Rule of Law has great theoretical and practical significance. 

习近平法治思想是习近平新时代中国特色社会主义思想的重要组成部分,是习近平新时代中国特色社会主义思想的法治篇。鉴于其在习近平新时代中国特色社会主义思想体系中的战略构成意义、鲜明理论风格、丰富科学内涵以及深入推进全面依法治国的实践需要,习近平法治思想的提出具有重大理论意义和实践意义 

(i) Xi Jinping Thought on the Rule of Law Is an Important Theoretical Achievement in the Field of the Rule of Law of Xi Jinping Thought on Socialism with Chinese Characteristics in the New Era

(一)习近平法治思想是习近平新时代中国特色社会主义思想在法治领域的重要理论成果 

In his report to the 19th CCP National Congress, General Secretary Xi Jinping pointed out that the core content of his thought on socialism with Chinese characteristics in the new era is the “Eight Clarifications” (“八个明确”) and “Fourteen Commitments” (“十四个坚持”). The “Eight Clarifications” are: clarify the upholding and development socialism with Chinese characteristics, where the overall task is to achieve socialist modernization and the great rejuvenation of the Chinese nation and build a prosperous, democratic, civilized, harmonious, and beautiful modernized socialist superpower in the middle of this century in two steps on the basis of building a well-off society in an all-round way; clarify that the main contradiction of our society in the new era is the contradiction between the people’s growing needs for a better life and unbalanced and insufficient development, and therefore we must uphold people-centered development thinking and constantly promote the all-round development of people and the common prosperity of all people; clarify that the overall layout of the cause of socialism with Chinese characteristics is ‘Five in One’ and the strategic layout is the ‘Four Comprehensives’ and emphasize strong confidence in the road, theory, system, and culture; clarify that the overall goals of comprehensively deepening reforms is to improve and develop the system of socialism with Chinese characteristics and to promote the modernization of the national governance system and governance capacity; clarify that the overall goal of advancing the comprehensive rule of law is to build a system of socialist rule of law with Chinese characteristics and a socialist country ruled by law; clarify that the Party’s goal of strengthening the army in the new era is to build a people’s army that listens to the Party’s commands, can win battles, and has a good work style and build the people’s army into a world-class army; clarify that great-power diplomacy with Chinese characteristics must promote the construction of a new type of international relations and promote the construction of a community of common destiny for humanity; and clarify that the most essential feature of socialism with Chinese characteristics is the leadership of the CCP, that the greatest advantage of the system of socialism with Chinese characteristics is the leadership of the CCP, and that the Party is the supreme political leading force that puts forward the general requirements for Party building in the new era, highlighting the important position of political construction in Party construction. The “Fourteen Commitments” are “commit to the Party’s leadership over all work,” “commit to the people as the center,” “commit to comprehensively deepening reforms,” “commit to the new development concept,” “commit to the people being the masters of the country,” “commit to the comprehensive rule of law,” “commit to the core value system of socialism,” “commit to ensuring and improving people’s livelihoods in development,” “commit to the harmonious coexistence of man and nature,” “commit to the overall view of national security,” “commit to the Party’s absolute leadership over the people’s army,” “commit to ‘one country, two systems’ and advance the reunification of the motherland,” “commit promoting the construction of a community of common destiny for humanity,” and “commit to comprehensively and strictly administering the party.” From the perspective of ideological composition, the comprehensive rule of law is one of the “Eight Clarifications” and one of the “Fourteen Commitments.” Not only that, but any other one of the “Eight Clarifications” has a close logical connection with the rule of law, and all have great and far-reaching guiding significance for the rule of law and the construction of the rule of law. Any other one of the “Fourteen Commitments” is also inseparable and closely related to the commitment to the comprehensive rule of law. It can be said that Xi Jinping Thought on the Rule of Law runs through all aspects and stages of the great cause of socialism with Chinese characteristics. Therefore, the thesis that Xi Jinping Thought on the Rule of Law is an important part of Xi Jinping Thought on Socialism with Chinese Characteristics in the New Era has ample scientific and practical grounds, as well as major tangible needs. 

习近平总书记在党的十九大报告中指出,新时代中国特色社会主义思想的核心内容是八个明确十四个坚持八个明确,即明确坚持和发展中国特色社会主义,总任务是实现社会主义现代化和中华民族伟大复兴,在全面建成小康社会的基础上,分两步走在本世纪中叶建成富强民主文明和谐美丽的社会主义现代化强国;明确新时代我国社会主要矛盾是人民日益增长的美好生活需要和不平衡不充分的发展之间的矛盾,必须坚持以人民为中心的发展思想,不断促进人的全面发展、全体人民共同富裕;明确中国特色社会主义事业总体布局是五位一体、战略布局是四个全面,强调坚定道路自信、理论自信、制度自信、文化自信;明确全面深化改革总目标是完善和发展中国特色社会主义制度、推进国家治理体系和治理能力现代化;明确全面推进依法治国总目标是建设中国特色社会主义法治体系、建设社会主义法治国家;明确党在新时代的强军目标是建设一支听党指挥、能打胜仗、作风优良的人民军队,把人民军队建设成为世界一流军队;明确中国特色大国外交要推动构建新型国际关系,推动构建人类命运共同体;明确中国特色社会主义最本质的特征是中国共产党领导,中国特色社会主义制度的最大优势是中国共产党领导,党是最高政治领导力量,提出新时代党的建设总要求,突出政治建设在党的建设中的重要地位十四个坚持,即坚持党对一切工作的领导”“坚持以人民为中心”“坚持全面深化改革”“坚持新发展理念”“坚持人民当家作主”“坚持全面依法治国”“坚持社会主义核心价值体系”“坚持在发展中保障和改善民生”“坚持人与自然和谐共生”“坚持总体国家安全观”“坚持党对人民军队的绝对领导”“坚持一国两制和推进祖国统一”“坚持推动构建人类命运共同体”“坚持全面从严治党。从思想构成来看,全面依法治国既是八个明确之一,又是十四个坚持之一。不仅如此,八个明确中的其他任何一项都与法治有着紧密的逻辑关联,都对依法治国和法治建设有着重大而深远的指导意义;十四个坚持中的其他任何一项也都与坚持全面依法治国密不可分、息息相关。可以说,习近平法治思想贯穿于中国特色社会主义伟业的各个领域各个方面各个环节。所以,作出习近平法治思想是习近平新时代中国特色社会主义思想的重要组成部分的论断,有充分的科学理据和实践依据,也有重大的现实需要 

(ii) Xi Jinping Thought on the Rule of Law Is an Important Component of the System of Xi Jinping Thought on Socialism with Chinese Characteristics in the New Era

(二)习近平法治思想是习近平新时代中国特色社会主义思想体系的重要构成 

Since the 18th Party Congress, General Secretary Xi Jinping has been the core of the Party Central Committee and the core of the entire Party. He has continuously deepened the exploration and understanding of the laws of state governance and continued to summarize the experience and lessons of the Party and the country from the past 100 years since the founding of the Party, the more than 70 years since the founding of New China, and the more than 40 years since reform and opening up. He concluded that strict enforcement of the rule of law and comprehensive rule of law are major strategic issues related to our party’s governance and rejuvenation of the nation, the happiness and well-being of the people, and the long-term stability and peace of the party and the country. It is an important aspect of upholding and improving the system of socialism with Chinese characteristics and advancing the modernization of the national governance system and governance capacity. It is a reliable guarantee for building a modernized socialist superpower and realizing the great rejuvenation of the Chinese nation. Our Party has become increasingly aware that “the rule of law is indispensable to the governance of the country.” “If we do not comprehensively govern the country according to law, we will not be able to govern the country well or manage the country well, and our strategic layout will come to nothing.” 

党的十八大以来,习近平总书记作为党中央的核心、全党的核心,不断深化对国家治理规律的探索和认识,不断总结建党一百年、新中国成立七十余年、改革开放四十余年来治党治国的经验教训,得出厉行法治、全面依法治国是关系我们党执政兴国、关系人民幸福安康、关系党和国家长治久安的重大战略问题,是坚持和完善中国特色社会主义制度、推进国家治理体系和治理能力现代化的重要方面,是建设社会主义现代化强国、实现中华民族伟大复兴的可靠保证。我们党越来越深刻认识到,治国理政须臾离不开法治”“没有全面依法治国,我们就治不好国、理不好政,我们的战略布局就会落空 

At the Central Work Conference on Comprehensive Rule of Law, General Secretary Xi Jinping emphasized that only comprehensive rule of law can effectively guarantee the systematic, standardized, and coordinated nature of the national governance system and maximize the consolidation of social consensus. The rule of law, as the basic method of governing the country, will inevitably permeate all aspects of economic and social life. At the same time, advancing the comprehensive rule of law is a fundamental requirement for solving a series of major problems facing the development of the Party and the country as well as for liberating and enhancing social vitality, promoting social fairness and justice, maintaining social harmony and stability, and ensuring the long-term stability of the Party and the country. Concerning socialism with Chinese characteristics, the rule of law has a fundamental and safeguarding role. Therefore, Xi Jinping Thought on the Rule of Law is fundamental and supportive, and it has become an indispensable part of Xi Jinping Thought on Socialism with Chinese Characteristics in the New Era. 

习近平总书记在中央全面依法治国工作会议上强调,只有全面依法治国才能有效保障国家治理体系的系统性、规范性、协调性,才能最大限度凝聚社会共识。法治作为治国理政的基本方式,必将渗透到经济和社会生活各个方面。同时,推进全面依法治国,是解决党和国家事业发展面临的一系列重大问题,解放和增强社会活力、促进社会公平正义、维护社会和谐稳定、确保党和国家长治久安的根本要求。对中国特色社会主义来说,法治具有基础性、保障性作用,因而习近平法治思想也就具有根本性、支撑性,并成为习近平新时代中国特色社会主义思想中不可或缺的重要组成部分 

The rule of law and the thought on the rule of law are an important part of the superstructure, which is determined by the economic foundation. At the same time, they react to the economic foundation and even play a decisive role at certain moments. Practice since reform and opening up fully shows that the construction of the rule of law is not only the “rotation” (自转, as in the rotation of a planet on its axis) of the rule of law itself, but also the “revolution” (公转, as in the revolution of a planet around a sun) around the great cause of socialism with Chinese characteristics. The biggest feature of Xi Jinping Thought on the Rule of Law is to uphold the rule of law with the world in mind, seek the rule of law based on the overall situation, focus on the rule of law as a whole, and pay attention to the outstanding characteristics of the rule of law in all aspects, along the whole chain and within the whole field, to continuously enhance the influence, radiation, and penetration of the rule of law; to implement the rule of law in all fields, aspects, and stages of reform, development, and stability, internal affairs, foreign affairs, and national defense, and governance of the party, the country, and the military; and to maximize the release of the powerful function of the rule of law in promoting the development of socialism with Chinese characteristics. It is precisely under the guidance of Xi Jinping Thought on the Rule of Law that the basic strategy of governing the country according to law and the basic method of exercising power according to law have always run through the overall layout of “Five in One” and the “Four Comprehensives” strategic layout. It has strongly promoted the modernization of the national governance system and governance capacity; strongly guaranteed political stability, economic development, cultural prosperity, national unity, the people’s happiness, social peace, and national unity; and strongly advanced Chinese governance to a new realm of the “governance of China” (中国之治), fully demonstrating the significant advantages of the socialist rule of law with Chinese characteristics. This amply demonstrates that Xi Jinping Thought on the Rule of Law is not only a component of Xi Jinping Thought on Socialism with Chinese characteristics in the New Era, but also an important component with “Four Beams and Eight Pillars” (四梁八柱) significance. 

法治及法治思想是上层建筑的重要组成部分,决定于经济基础,同时又反作用于经济基础,某些时刻甚至起到决定性作用。改革开放以来的实践充分说明,法治建设既是法治本身的自转,也是围绕中国特色社会主义伟大事业的公转。习近平法治思想的最大特色,就是坚持胸怀天下论法治、立足全局谋法治、着眼整体行法治,注重发挥法治全方位、全链条、全领域的突出特点,不断增强法治的影响力、辐射力、穿透力,把法治贯彻到改革发展稳定、内政外交国防、治党治国治军各领域各方面各环节,最大限度释放法治在推动中国特色社会主义事业发展中的强大功能。正是在习近平法治思想的领航定向下,依法治国基本方略和依法执政基本方式始终贯穿于五位一体总体布局和四个全面战略布局中,有力推进了国家治理体系和治理能力现代化进程,有力保障了政治稳定、经济发展、文化繁荣、民族团结、人民幸福、社会安宁、国家统一,有力推动了中国治理迈向中国之治新境界,充分彰显中国特色社会主义法治的显著优势。这充分说明了习近平法治思想不仅是习近平新时代中国特色社会主义思想的组成部分,而且是其中具有四梁八柱意义的重要组成部分 

(iii) Xi Jinping Thought on the Rule of Law Is an Important Theoretical Plank of Xi Jinping Thought on Socialism with Chinese Characteristics in the New Era

(三)习近平法治思想是习近平新时代中国特色社会主义思想的重要理论板块 

In terms of logical connections, Xi Jinping Thought on the Rule of Law and Xi Jinping Thought on Socialism with Chinese Characteristics in the New Era have the relationship of a part to the whole. We must recognize and understand the relationship between the part and the whole of Xi Jinping Thought on the Rule of Law and Xi Jinping Thought on Socialism with Chinese Characteristics in the New Era through systematic thinking, a holistic perspective, and a thoroughgoing view. Only by placing Xi Jinping Thought on the Rule of Law in the overall system of Xi Jinping Thought on Socialism with Chinese Characteristics in the New Era can we more accurately grasp the significance and scientific positioning of Xi Jinping Thought on the Rule of Law. Only by earnestly studying and deeply understanding the scientific system, rich connotations, and essence of Xi Jinping Thought on the Rule of Law; mastering the Marxist standpoints, viewpoints, and methods that run through it; and using them to equip the mind, guide practice, and promote work can we more profoundly and accurately grasp Xi Jinping Thought on Socialism with Chinese Characteristics in the New Era. 

从逻辑关系上看,习近平法治思想与习近平新时代中国特色社会主义思想是部分与整体的关系。必须以系统思维、整体视角、贯通观点认识和理解习近平法治思想与习近平新时代中国特色社会主义思想之部分与整体的关系。只有把习近平法治思想置于习近平新时代中国特色社会主义思想这个大体系中,才能更加准确把握习近平法治思想的重大意义和科学定位;也只有认真学习领会和深刻认识习近平法治思想的科学体系、丰富内涵、精髓要义,掌握贯穿其中的马克思主义的立场观点方法,用以武装头脑、指导实践、推动工作,才能更加深刻准确地把握习近平新时代中国特色社会主义思想 

Since the 19th Party Congress, the Party Central Committee with Comrade Xi Jinping at its core has summarized the ideological and theoretical achievements in various fields such as governing the Party, the country, and the military, and domestic affairs, foreign affairs, and national defense, and clearly put forward Xi Jinping Thought on Socialism with Chinese Characteristics in the New Era, Xi Jinping Thought on the Rule of Law, Xi Jinping Thought on Ecological Civilization, Xi Jinping Thought on Strengthening the Military, and Xi Jinping Thought on Diplomacy. These five sub-fields of thought are all important theoretical planks of the scientific ideological system of Xi Jinping Thought on Socialism with Chinese Characteristics for the New Era. Xi Jinping Thought on the Rule of Law and other subfields of thought and the series of important expositions by the Party Central Committee and General Secretary Xi Jinping on the work of the Party and the country complement each other and enhance each other. We must always link, combine, and connect the study and investigation of Xi Jinping Thought on the Rule of Law with the study and investigation of Xi Jinping Thought on Socialism with Chinese Characteristics for the New Era, Xi Jinping Thought on Ecological Civilization, Xi Jinping Thought on Strengthening the Military, and Xi Jinping Thought on Diplomacy, and other content of Xi Jinping Thought on Socialism with Chinese Characteristics. We must pay attention to the internal connection with other important expositions, practice integrated study, integrated comprehension, integrated implementation, and promote the comprehensive rule of law in an in-depth manner through the combined efforts of scientific thoughts in various fields to achieve new results and realize new breakthroughs. 

党的十九大以来,以习近平同志为核心的党中央总结治党治国治军、内政外交国防等各领域各方面的思想理论成就,明确提出了习近平新时代中国特色社会主义经济思想、习近平法治思想、习近平生态文明思想、习近平强军思想、习近平外交思想。这五个分领域思想都是习近平新时代中国特色社会主义思想这个科学思想体系的重要理论板块。习近平法治思想与党中央提出的其他分领域思想和习近平总书记关于党和国家工作系列重要论述是相辅相成、相得益彰的。我们要始终把学习研究习近平法治思想与学习研究习近平新时代中国特色社会主义经济思想、习近平生态文明思想、习近平强军思想、习近平外交思想和习近平新时代中国特色社会主义思想的其他内容联系起来、结合起来、贯通起来,注意与其他重要论述之间的内在联系,做到一体学习、一体领会、一体贯彻,以各领域科学思想的合力深入推动全面依法治国取得新成效、实现新突破 

IV. Xi Jinping Thought on the Rule of Law Is the Fundamental Guide to be Followed and Acted on for the Comprehensive Rule of Law

四、习近平法治思想是全面依法治国的根本遵循和行动指南 

All great practices require correct guidance from scientific theories. General Secretary Xi Jinping pointed out: To comprehensively promote the rule of law, a theory of the rule of law is an important guide. Without the guidance of the correct theory of the rule of law, there can be no correct practice of the rule of law . . . Advancing the comprehensive rule of law is a profound change in national governance. We must be guided by scientific theory to strengthen theoretical thinking.  Since the 18th Party Congress, China’s socialist rule of law has undergone historic changes and made historic achievements. Significant progress has been made in the practice of the comprehensive rule of law. The fundamental thing lies in upholding the Party’s overall leadership and upholding the scientific guidance of Xi Jinping Thought on the Rule of Law. 

一切伟大的实践,都需要科学理论的正确指引。习近平总书记指出:全面推进依法治国法治理论是重要引领。没有正确的法治理论引领就不可能有正确的法治实践”“推进全面依法治国是国家治理的一场深刻变革,必须以科学理论为指导,加强理论思维。党的十八大以来,我国社会主义法治建设发生历史性变革、取得历史性成就,全面依法治国实践取得重大进展,根本在于坚持党的全面领导,坚持习近平法治思想的科学指引 

Xi Jinping Thought on the Rule of Law is not only a summary of the practical experience of the socialist rule of law with Chinese characteristics, but also the guiding ideology for the comprehensive rule of law in the new era. To further promote the comprehensive rule of law, we must always adhere to Xi Jinping Thought on the Rule of Law as the fundamental guide to follow; carefully grasp the historic tasks facing China’s construction of the rule of law; actively and steadily promote the great practice of comprehensive rule of law; focus on solving the institutional, mechanism, and guarantee issues that affect the high-quality development of the rule of law; start from a grasp of the reality of the new development stage, implementation of the new development concept, and building of a new development pattern; focus on the general goals of building a system of socialist rule of law with Chinese characteristics and building a socialist country ruled by law; uphold the organic integration of the Party’s leadership, the people’s position as masters of the country, and the rule of law; transform Xi Jinping Thought on the Rule of Law into a powerful driving force for the work of the comprehensive rule of law; transform this thought into ideas and measures to promote the construction of the rule of law; transform this thought into a lively practice of building a socialist country ruled by law in an all-round way; and constantly create a new situation in the construction of the rule of law in China. 

习近平法治思想既是中国特色社会主义法治实践经验的总结,也是新时代全面依法治国事业的指导思想。深入推进全面依法治国,必须始终坚持以习近平法治思想为根本遵循,悉心把握中国法治建设面临的历史性任务,积极稳步推进全面依法治国的伟大实践,着力解决影响法治高质量发展的体制性、机制性、保障性问题,从把握新发展阶段、贯彻新发展理念、构建新发展格局的实际出发,围绕建设中国特色社会主义法治体系、建设社会主义法治国家的总目标,坚持党的领导、人民当家作主、依法治国有机统一,把习近平法治思想转化为做好全面依法治国各项工作的强大动力,转化为推进法治建设的思路举措,转化为全面建设社会主义法治国家的生动实践,不断开创法治中国建设新局面 

(i) Xi Jinping Thought on the Rule of Law Has Scientifically Indicated the Correct Political Direction and the Road to the Rule of Law for the Construction of Socialist Rule of Law with Chinese Characteristics

(一)习近平法治思想科学指明了中国特色社会主义法治建设的正确政治方向和法治道路 

The direction determines the road, and the road determines our destiny. Upholding the party’s leadership, upholding the people-centered principle, and upholding the socialist rule of law with Chinese characteristics are the most fundamental political directions for the comprehensive rule of law. This will determine the success or failure of the construction of the rule of law. 

方向决定道路,道路决定命运。坚持党的领导、坚持以人民为中心、坚持中国特色社会主义法治道路是全面依法治国最根本的政治方向,决定着法治建设的成败得失 

Upholding the Party’s leadership is the fundamental requirement of the socialist rule of law. It is the proper meaning and fundamental guarantee in the comprehensive promotion of the rule of law. General Secretary Xi Jinping pointed out that the comprehensive promotion of the rule of law is a systematic project and a broad and profound revolution in the field of national governance. “Systemic project” means that the comprehensive rule of law not only involves economic construction, political construction, cultural construction, social construction, ecological civilization construction, national defense and military construction, Party construction, and other fields, but also involves reform, development, and stability; domestic affairs, foreign affairs, and national defense; and governance of the party, the country, and the military. It is a long-term historical mission. Only by giving play to the Party’s leadership in overseeing the overall situation, coordinating all parties, making overall designs, and providing a unified layout can the overall plan of the “systemic project” of comprehensive rule of law be completed, and only by this can we hope to achieve the overall goals of comprehensive rule of law and constructing the rule of law in China. Only by upholding the Party’s leadership in the comprehensive rule of law can this systematic project scientifically operate in an orderly manner and continue to deepen and advance. 

坚持党的领导是社会主义法治的根本要求,是全面推进依法治国的题中应有之义和根本保证。习近平总书记指出,全面推进依法治国是一个系统工程,是国家治理领域一场广泛而深刻的革命。系统工程意味着全面依法治国不仅涉及经济建设、政治建设、文化建设、社会建设、生态文明建设、国防军队建设、党的建设等各领域,涉及改革发展稳定、内政外交国防、治党治国治军等各个方面,而且是长期历史任务,只有发挥党总揽全局、协调各方、总体设计、统一布局的领导作用,才能完成全面依法治国这一系统工程的总规划,才有希望实现全面依法治国、建设法治中国的总目标,只有坚持党对全面依法治国的领导,才能使这个系统工程科学有序运转、持续深入推进 

Upholding the people-centered principle is the fundamental political position of Xi Jinping Thought on the Rule of Law. General Secretary Xi Jinping pointed out that the broadest and deepest foundation for the comprehensive rule of law is the people. To build a system of socialist rule of law with Chinese characteristics and a socialist country ruled by law, we must “uphold the people as the center” and insist that the rule of law is for the people and relies on the people. “This is our institutional advantage and the fundamental difference between the socialist rule of law with Chinese characteristics and the capitalist rule of law.” To uphold the people-centered standpoint of the rule of law, it is necessary to implement the whole process of reflecting the people’s interests, reflecting the people’s aspirations, safeguarding the people’s rights and interests, enhancing the people’s well-being, and promoting fairness and justice in all areas of the comprehensive rule of law.

坚持以人民为中心,是习近平法治思想的根本政治立场。习近平总书记指出,全面依法治国最广泛、最深厚的基础是人民,建设中国特色社会主义法治体系、建设社会主义法治国家,必须坚持以人民为中心,坚持法治建设为了人民、依靠人民,这是我们的制度优势,也是中国特色社会主义法治区别于资本主义法治的根本所在。坚持以人民为中心的法治立场,就要把体现人民利益、反映人民愿望、维护人民权益、增进人民福祉、促进公平正义落实到全面依法治国各领域全过程 

Adhering to the socialist rule of law with Chinese characteristics is the only correct way to build a system of socialist rule of law with Chinese characteristics and a socialist country ruled by law in the new era, promote the construction of the rule of law in China, and realize the dream of a strong country ruled by law. It is also the road to the rule of law that best suits China’s national conditions. General Secretary Xi Jinping pointed out: “Specifically speaking about the achievements in the construction of the rule of law in China, we can list more than a dozen or several dozens of them. However, in general terms, they opened up the road of socialist rule of law with Chinese characteristics.” The road of socialist rule of law with Chinese characteristics is a general governing [principle], which fundamentally guarantees the correct direction of socialist rule of law in China. In upholding the road of socialist rule of law with Chinese characteristics, the core principles are to uphold the leadership of the CCP, uphold the system of socialism with Chinese characteristics, and implement the theory of the socialist rule of law with Chinese characteristics. 

坚持中国特色社会主义法治道路是新时代建设中国特色社会主义法治体系和社会主义法治国家、推进法治中国建设、实现法治强国梦的唯一正确的道路,也是最适合中国国情的法治道路。习近平总书记指出:具体讲我国法治建设的成就,大大小小可以列举出十几条、几十条,但归结起来就是开辟了中国特色社会主义法治道路这一条。中国特色社会主义法治道路是管总的,从根本上保证了我国社会主义法治建设的正确方向。坚持中国特色社会主义法治道路,核心要义是坚持中国共产党的领导,坚持中国特色社会主义制度,贯彻中国特色社会主义法治理论 

Upholding the leadership of the Party, upholding the people-centered principle, and upholding the road of socialist rule of law with Chinese characteristics: these three [commitments] have regulated and ensured the institutional attributes and direction of the system of socialist rule of law with Chinese characteristics and the socialist country ruled by law. They have established the fundamental nature and fundamental requirements of comprehensive rule of law in the new era and described the distinctive features and signs of the construction of the rule of law in China. They are not only the fundamental guide to follow in promoting the construction of the system of socialist rule of law with Chinese characteristics and the construction of a socialist country ruled by law, but also the guide to action for advancing the modernization of national governance. They are a track that cannot be deviated from, and also a red line that cannot be crossed. They must be deeply grasped, fully implemented, and continuously developed. 

坚持党的领导,坚持以人民为中心,坚持中国特色社会主义法治道路,这三条规定和确保了中国特色社会主义法治体系和社会主义法治国家的制度属性和前进方向,确立了新时代全面依法治国的根本性质和根本要求,描绘了法治中国建设的鲜明特征和标识,既是推进中国特色社会主义法治体系建设和社会主义法治国家建设的根本遵循,也是推进国家治理现代化的行动指南,是不可偏离的轨道,也是不能逾越的红线,必须深入把握、全面贯彻、不断发展 

(ii) Xi Jinping Thought on the Rule of Law has Scientifically Indicated the ‘Track’ Role of the Rule of Law in the Modernization of the National Governance System and Governance Capacity

(二)习近平法治思想科学指明了法治在国家治理体系和治理能力现代化中的“轨道”作用 

At the Fourth Plenum of the 18th Party Congress, General Secretary Xi Jinping clearly put forward the major theoretical proposition of “promoting the modernization of the national governance system and governance capacity on the track of the rule of law” for the first time. At the Central Work Conference on Comprehensive Rule of Law, General Secretary Xi Jinping further posited “upholding the promotion of the modernization of the national governance system and governance capacity on the rule of law track” as a major strategic task for comprehensive rule of law and the core essence of Xi Jinping Thought on the Rule of Law. In his speech at the third meeting of the Central Commission for the Comprehensive Rule of Law, General Secretary Xi Jinping proposed “upholding the comprehensive rule of law and consolidating the institutional foundation of the governance of China.” These expositions by General Secretary Xi Jinping profoundly reveal the inherent logic of the close relationship of the rule of law to national governance: 

在党的十八届四中全会上,习近平总书记首次明确提出在法治轨道上推进国家治理体系和治理能力现代化的重大理论命题。在中央全面依法治国工作会议上,习近平总书记进一步把坚持在法治轨道上推进国家治理体系和治理能力现代化作为全面依法治国重大战略任务,作为习近平法治思想的核心要义。在中央全面依法治国委员会第三次会议上,习近平总书记在讲话中提出坚持全面依法治国,夯实中国之治的制度根基。习近平总书记的这些论述,深刻揭示出法治与国家治理息息相关的内在逻辑 

The national governance system and governance capacity is the concentrated manifestation of a country’s system and system implementation capabilities. The national governance system is an institutional system for managing the country under the leadership of the Party. It includes economic, political, cultural, social, ecological civilization, and Party construction as well as institutions, mechanisms, and legal and regulatory arrangements in other fields. This makes it a set of closely connected and coordinated national systems. National governance capacity is the ability to use the national system to manage all aspects of society, including reform, development, and stability; domestic affairs, foreign affairs, and national defense; and the governance of the party, the country, and the military. The national governance system and governance capacity are an organic whole and complement each other. It is only with a good national governance system that governance capacity can be improved, and it is only by improving national governance capacity that the effectiveness of the national governance system can be fully brought to bear. The modernization of the national governance system and governance capacity is the meaning and inevitable requirement of China’s socialist modernization in the new era. In both the improvement of the national governance system or the enhancement of national governance capacity, the rule of law plays the role of a “track,” that is, it plays a role of standardization, guidance, and guarantee. The rule of law is the support of the national governance system, the embodiment of national governance capacity, and the guarantee of the effectiveness of national governance. In China, the socialist rule of law embodies the theoretical achievements and practical experience of our Party in governing the country, embodies the wisdom of the Chinese nation in governing the country and the essence of human institutional civilization, and has a powerful institutional force that supports national governance. The Constitution of China confirms the ruling position of the CCP and confirms the Party’s core position in the structure of state power as the institution in charge of the overall situation and the coordination of all parties. It stipulates the fundamental political system for the people to be the masters of the country, stipulates the basic system of ideology guided by Marxism, and stipulates the basic and important systems of socialism with Chinese characteristics. It provides the most basic, most stable, and most reliable institutional guarantee for national governance. Since the 18th Party Congress, General Secretary Xi Jinping has based his strategic thinking on advancing the modernization of the national governance system and governance capacity on the track of the rule of law. He has provided an in-depth explanation of a series of major theoretical issues such as the relationship between the rule of law and state governance, the relationship between the rule of law system and the state governance system, and the relationship between the modernization of state governance and the implementation of the rule of law (法治化) in state governance. He has proposed major deployments such as accelerating the establishment and improvement of a scientific and complete legal and regulatory system; promoting the fairness, efficiency, and authority of law enforcement and the judiciary; and strengthening the social foundation of the rule of law. He has consolidated the institutional foundation of the governance of China. 

国家治理体系和治理能力是一个国家制度和制度执行能力的集中体现。国家治理体系是在党领导下管理国家的制度体系,包括经济、政治、文化、社会、生态文明和党的建设等各领域体制机制、法律法规安排,也就是一整套紧密相连、相互协调的国家制度;国家治理能力则是运用国家制度管理社会各方面事务的能力,包括改革发展稳定、内政外交国防、治党治国治军等各个方面。国家治理体系和治理能力是一个有机整体,相辅相成,有了好的国家治理体系才能提高治理能力,提高国家治理能力才能充分发挥国家治理体系的效能。国家治理体系和治理能力现代化是新时代中国社会主义现代化的题中之义和必然要求。而无论是国家治理体系的完善,还是国家治理能力的提升,法治都扮演着轨道角色,即发挥着规范、引领和保障作用。法治是国家治理体系的依托,是国家治理能力的体现,是国家治理效能的保证。我国社会主义法治凝聚着我们党治国理政的理论成果和实践经验,凝聚着中华民族治理国家的智慧和人类制度文明的精髓,具有支撑国家治理的强大制度力量。我国宪法确认了中国共产党的执政地位,确认了党在国家政权结构中总揽全局、协调各方的核心地位,规定了人民当家作主的根本政治制度,规定了以马克思主义为指导的意识形态根本制度,规定了中国特色社会主义各项基本制度和重要制度,为国家治理提供了最基本最稳定最可靠的制度保障。党的十八大以来,习近平总书记基于在法治轨道上推进国家治理体系和治理能力现代化的战略思想,深刻阐释了依法治国与国家治理的关系、法治体系与国家治理体系的关系、国家治理现代化与国家治理法治化的关系等一系列重大理论问题,提出了加快建立健全科学完备的法律规范体系、推动执法司法公正高效权威、厚植依法治国社会基础等重大部署,夯实了中国之治的制度根基 

The rule of law is the fundamental guide to follow for advancing the modernization of national governance, and the comprehensive rule of law is the only road to the modernization of national governance. This logic will inevitably prompt us to accelerate the construction of the rule of law, build a system of socialist rule of law with Chinese characteristics, and provide institutional support and guarantees for the effective governance and governance modernization of the country. As General Secretary Xi Jinping pointed out:  ‘By establishing good laws for the world, you can govern the world; by establishing good laws for one country, you can govern one country.’ To promote the modernization of the national governance system and governance capacity, we must naturally attach great importance to the issue of the rule of law, take effective measures to comprehensively promote the rule of law, build a socialist country ruled by law, and build a China ruled by law. 

法治是推进国家治理现代化的根本遵循,全面依法治国是国家治理现代化的必由之路,这个逻辑必然促使我们加快推进法治建设、构建中国特色社会主义法治体系,为国家有效治理和治理现代化提供制度支撑和保障。正如习近平总书记所指出的:“‘立善法于天下,则天下治;立善法于一国,则一国治。推进国家治理体系和治理能力现代化,当然要高度重视法治问题,采取有力措施全面推进依法治国,建设社会主义法治国家,建设法治中国。 

(iii) Xi Jinping Thought on the Rule of Law Scientifically Indicates Strategic Goals and Important Measures for the New Stage of Building a Modernized Socialist Country in an All-Round Way and Construction of the Rule of Law in China

(三)习近平法治思想科学指明了全面建设社会主义现代化国家新阶段法治中国建设的战略目标和重要举措 

Since the 19th Party Congress, the Party Central Committee with Comrade Xi Jinping at its core has continuously deepened its understanding of the patterns of rule of law construction in China in the new era. On the basis of in-depth research and judgment on the overall strategy of the great rejuvenation of the Chinese nation and major changes in the world unseen in a century and a systematic summary of the new experience of comprehensive rule of law since the 18th Party Congress, they put forward strategic goals and important measures for the new stage of building a modernized socialist country in an all-round way. 

党的十九大以来,以习近平同志为核心的党中央不断深化对新时代法治中国建设规律的认识,在深入研判中华民族伟大复兴战略全局和世界百年未有之大变局、系统总结党的十八大以来全面依法治国鲜活经验的基础上,提出了全面建设社会主义现代化国家新阶段的战略目标和重要举措 

The Decisions of the Central Committee of the Chinese Communist Party on Several Major Issues Concerning Upholding and Improving the System of Socialism with Chinese Characteristics and Advancing the Modernization of China’s System and Capacity for Governance (中共中央关于坚持和完善中国特色社会主义制度、推进国家治理体系和治理能力现代化若干重大问题的决定), adopted by the Fourth Plenum of the 19th Party Congress, proposed to “uphold and improve the system of socialist rule of law with Chinese characteristics and improve the Party’s ability to govern the country and govern according to law.” It also made decisions and deployments on “improving institutions and mechanism to ensure the comprehensive implementation of the Constitution”; “improving legislative institutions and mechanisms”; “improving the social fairness, justice, and rule of law guarantee system”; and “strengthening supervision of the implementation of the law.” The Proposals of the CCP Central Committee on Formulating the Fourteenth Five-Year Plan for National Economic and Social Development and Long-Term Goals for 2035 (中共中央关于制定国民经济和社会发展第十四个五年规划和二〇三五年远景目标的建议) was adopted by the Fifth Plenum of the 19th Party Congress. Based on the two-stage strategic arrangement for achieving the second centennial objective of the 19th Party Congress, it proposed that, by 2035, the modernization of the national governance structure and governance capacity should basically be achieved; people’s rights to equal participation and equal development should be fully assured; and a nation, government, and society under the rule of law should basically be established. To this end: We will adhere to building a nation, government, and society based on the rule of law; refine the socialist legal system with Chinese characteristics with the Constitution at its core; strengthen legislation in key, emerging, and foreign-related fields; raise the level of administration in accordance with law; refine mechanisms for the operation and oversight of supervisory, judicial, and prosecutorial powers; promote judicial fairness, carry out in-depth propaganda and education on the rule of law, effectively utilize the role of the rule of law as the guarantee for consolidating fundamentals, stabilizing expectations, and benefiting the long term; and promote the construction of the rule of law in China. We will also promote the all-round development of human rights. 

党的十九届四中全会通过的《中共中央关于坚持和完善中国特色社会主义制度、推进国家治理体系和治理能力现代化若干重大问题的决定》,提出坚持和完善中国特色社会主义法治体系,提高党依法治国、依法执政能力,并就健全保证宪法全面实施的体制机制”“完善立法体制机制”“健全社会公平正义法治保障制度”“加强对法律实施的监督等作出决策部署。党的十九届五中全会通过的《中共中央关于制定国民经济和社会发展第十四个五年规划和二〇三五年远景目标的建议》,根据党的十九大对实现第二个百年奋斗目标作出分两个阶段推进的战略安排,提出到2035年,基本实现国家治理体系和治理能力现代化,人民平等参与、平等发展权利得到充分保障,基本建成法治国家、法治政府、法治社会。为此,要坚持法治国家、法治政府、法治社会一体建设,完善以宪法为核心的中国特色社会主义法律体系,加强重点领域、新兴领域、涉外领域立法,提高依法行政水平,完善监察权、审判权、检察权运行和监督机制,促进司法公正,深入开展法治宣传教育,有效发挥法治固根本、稳预期、利长远的保障作用,推进法治中国建设。促进人权事业全面发展 

To achieve this mid-term goal, the 14th Five-Year Plan period is the key. To this end, the CCP Central Committee issued the Plan to Build the Rule of Law in China (2020-2025) (法治中国建设规划 [2020-2025]), proposing that we “unswervingly follow the path of socialist rule of law with Chinese characteristics and strive to build a China governed by law with good laws and good governance.” General Secretary Xi Jinping pointed out that “to build the rule of law in China, we must adhere to the common promotion of national governance, exercise of power, and administration according to law and adhere to the integrated construction of a country under the rule of law, a government under the rule of law, and a society under the rule of law.” “Common promotion” and “integrated construction” are the scientific method of the comprehensive rule of law. General Secretary Xi Jinping pointed out that “the comprehensive promotion of the rule of law is a systematic project and a broad and profound revolution in the field of national governance.” It is necessary to “focus on common promotion and work hard in integrated construction”; use scientific methods to solve the problem of “fragmented governance” (各自为政) in the construction of the rule of law; and effectively enhance the systemic, integral, and coordinated nature of the construction of the rule of law. General Secretary Xi Jinping also used the methodology of systematic thinking and dialectical thinking. He discussed how to adhere to “common promotion” and “integrated construction”, emphasizing that “national governance, exercise of power, and administration according to law is an organic whole and the key is that the party must adhere to exercising power by law and governments at all levels must adhere to administration by law.” “The nation, government, and society based on the rule of law have their respective focuses and complement each other. A nation ruled by law is the goal of the construction of the rule of law, a government ruled by law is the main entity for the construction of a nation ruled by law, and a society ruled by law is the basis for building a nation ruled by law.”

实现这个中期目标,十四五时期是关键。为此,中共中央印发《法治中国建设规划(2020-2025年)》,提出坚定不移走中国特色社会主义法治道路,奋力建设良法善治的法治中国。该《规划》强调,建设法治中国,必须坚持依法治国、依法执政、依法行政共同推进,坚持法治国家、法治政府、法治社会一体建设。共同推进一体建设是法治中国的核心要义。习近平总书记指出,建设法治中国,必须坚持依法治国、依法执政、依法行政共同推进,坚持法治国家、法治政府、法治社会一体建设共同推进一体建设是全面依法治国的科学方法。习近平总书记指出,全面推进依法治国是一个系统工程,是国家治理领域一场广泛而深刻的革命,必须在共同推进上着力,在一体建设上用劲,以此科学方法来解决法治建设中各自为政的问题,切实增强法治建设的系统性、整体性、协同性。习近平总书记还以系统思维和辩证思维的方法论,论述了如何坚持共同推进一体建设,强调依法治国、依法执政、依法行政是一个有机整体,关键在于党要坚持依法执政、各级政府要坚持依法行政法治国家、法治政府、法治社会三者各有侧重、相辅相成,法治国家是法治建设的目标,法治政府是建设法治国家的主体,法治社会是构筑法治国家的基础。 

To construct the rule of law in China, we must accelerate the construction of a system of socialist rule of law with Chinese characteristics. First, we must strengthen the Party’s leadership over legislative work and improve the legislative work pattern characterized by the leadership of Party committees, the leadership of the People’s Congress, the support of the government, and the participation of all parties. We must promote scientific legislation, democratic legislation, and law-based legislation in an in-depth manner; continuously improve the quality and efficiency of legislation; and strengthen legislation in key fields, emerging fields, and foreign-related fields. In particular, we must promote the implementation of new development concepts, build a new development pattern, and ensure the high-quality development of laws and regulations, forming a complete legal system. Second, we must promote constitutional governance, strict law enforcement, fair justice, and respect for the law by all people in an in-depth manner, forming an efficient system for the implementation of the rule of law. Third, we must promptly improve the restriction and supervision mechanisms for the exercise of authority and regulate the exercise of authority by legislative, law enforcement, and judicial organs, forming a rule of law supervision system with unified leadership, comprehensive coverage, effective authority, and a strict system. Fourth, we must strengthen the safeguards of politics, organizations, teams, talents, science and technology, and information and provide important support for the comprehensive rule of law, forming a strong assurance system for the rule of law. Fifth, we must adhere to the organic unity of governing the country according to law and governing the party according to regulations; take the Party Constitution as the foundation and democratic centralism as the core; and continuously improve the Party’s organizational regulations, the Party’s leadership regulations, the Party’s self-construction regulations, and the Party’s supervision and guarantee regulations, forming a system of internal Party regulations with scientific content, rigorous procedures, complete support, and effective operations. 

建设法治中国,必须加快推进中国特色社会主义法治体系建设。一要加强党对立法工作的领导,完善党委领导、人大主导、政府依托、各方参与的立法工作格局。深入推进科学立法、民主立法、依法立法,不断提高立法质量和效率,加强重点领域、新兴领域、涉外领域立法,特别是推动贯彻新发展理念、构建新发展格局、保障高质量发展的法律法规,形成完备的法律规范体系。二要深入推进依宪执政、严格执法、公正司法、全民守法,形成高效的法治实施体系。三要抓紧完善权力运行制约和监督机制,规范立法、执法、司法机关权力行使,形成党统一领导、全面覆盖、权威高效、系统严密的法治监督体系。四要加强政治、组织、队伍、人才、科技、信息等保障,为全面依法治国提供重要支撑,形成有力的法治保障体系。五要坚持依法治国和依规治党有机统一,以党章为根本,以民主集中制为核心,不断完善党的组织法规、党的领导法规、党的自身建设法规、党的监督保障法规,形成内容科学、程序严密、配套完备、运行有效的党内法规体系 

To construct the rule of law in China amid major changes in the world unseen in a century, we must coordinate the promotion of domestic rule of law and international rule of law. The major changes unseen in a century mean the turbulent reconstruction of the world order, the “rise in the East and decline in the West” of world power, and the evolution of the times in international rule of law. In the context of this era, General Secretary Xi Jinping took a broad and forward-looking view, carefully assessed the situation, and promptly proposed the “coordinated promotion of the domestic and international rule of law” and “coordinated promotion of domestic and international governance” to safeguard national sovereignty, security, and development interests in accordance with the law. At present, in the two overall situations of the domestic and international rule of law, there are many shortcomings and weaknesses in international rule of law. In accordance with the deployment requirements of the Party Central Committee, we must accelerate the strategic layout of international rule of law work; strengthen thinking on the rule of law; apply methods of the rule of law; comprehensively use legislation, law enforcement, and judicial methods to carry out struggles involving foreign countries; and effectively respond to challenges and prevent risks. For example, we must improve the foreign investment national security review, anti-monopoly review, national technology security list management, unreliable entity list, and other systems to improve our ability to respond to overseas security risks and countermeasures; we must establish and improve overseas legal and security risk assessment and prevention mechanisms, focusing on areas where China’s overseas interests are concentrated and where overseas security issues are prominent, such as the Belt and Road to ensure the safety of China’s overseas investment projects; we must accelerate the construction of a legal system applicable outside the jurisdiction of China and strengthen foreign-related legal services to safeguard the legitimate rights and interests of Chinese citizens and legal persons overseas and foreign citizens and legal persons in China; we must establish and improve mechanisms for clarifying foreign laws, strengthen the construction of specialized courts, arbitration institutions, and mediation organizations, improve the level of judicial adjudication in foreign-related cases, and improve the effectiveness and credibility of arbitration and mediation of commercial disputes to better serve the construction of the Belt and Road and international economic trade; and we must study the laws of different legal systems and different countries and especially become familiar with the legal systems and law enforcement judicial procedures of major countries to seize the initiative in institutional competition and legal games. 

在世界百年未有之大变局下建设法治中国,必须统筹推进国内法治和涉外法治。百年未有之大变局意味着世界秩序的震荡重构、世界力量的东升西降以及国际法治的时代嬗变。在这一时代背景下,习近平总书记高瞻远瞩、审时度势,及时提出统筹推进国内法治和涉外法治”“协调推进国内治理和国际治理,依法维护国家主权、安全和发展利益。当前,在国内法治和涉外法治两个大局中,涉外法治存在不少短板和弱项。我们要按照党中央部署要求,加快涉外法治工作战略布局,强化法治思维,运用法治方式,综合运用立法、执法、司法等手段开展涉外斗争,有效应对挑战、防范风险。例如,健全外商投资国家安全审查、反垄断审查、国家技术安全清单管理、不可靠实体清单等制度,提高应对境外安全风险能力和反制能力;要以一带一路等我国海外利益密集、海外安全问题突出的地区为重点,建立健全海外法律和安全风险的评估预防机制,确保我国海外投资项目安全;要加快推进我国法域外适用的法律体系建设,强化涉外法律服务,维护我国公民、法人在海外及外国公民、法人在我国的正当权益;要建立健全域外法律查明机制,加强专门法院、仲裁机构、调解组织建设,提高涉外案件司法裁判水平,提高商事争端纠纷仲裁和调解的效果和公信力,更好服务一带一路建设和国际经济贸易;要研究不同法系、不同国家的法律,特别要熟悉大国的法律体系和执法司法程序,掌握制度竞争和法律博弈的主动权 

To coordinate the promotion of the domestic rule of law and international rule of law, we must also focus on promoting the reform of the global governance system and promoting the construction of a community of common destiny for humanity. We must unswervingly uphold the Charter of the United Nations, which is the fundamental basis for handling international relations and an important cornerstone of the stability of the international order; uphold the coordination of relations and interests of countries through institutions and rules; always be a practitioner of multilateralism; take the lead as an advocate and defender of the international rule of law; resolutely maintain the international system with the United Nations as the core and the international order based on international law; and firmly maintain the core role of the United Nations in international affairs. We must actively participate in the formulation of international rules and help make more Chinese voices heard and inject more Chinese elements into the formulation of international rules; actively participate in international cooperation in law enforcement and security and judicial assistance, and jointly combat violent terrorist forces, ethnic separatist forces, religious extremist forces, drug trafficking, transnational organized crime, and other criminal activities; and strengthen international cooperation in anti-corruption and increase efforts in overseas pursuit of individuals who flee, recovery of stolen goods, repatriation, and extradition. 

统筹推进国内法治和涉外法治,还要着眼于推动全球治理体系变革,推动构建人类命运共同体。坚定不移地维护《联合国宪章》这一处理国际关系的根本遵循和国际秩序稳定的重要基石,坚持以制度和规则协调各国关系和利益,始终做多边主义的践行者,带头做国际法治的倡导者和维护者,坚定维护以联合国为核心的国际体系和以国际法为基础的国际秩序,坚定维护联合国在国际事务中的核心作用。要积极参与国际规则制定,善于在国际规则制定中发出更多中国声音、注入更多中国元素;积极参与执法安全国际合作和司法协助,共同打击暴力恐怖势力、民族分裂势力、宗教极端势力和贩毒走私、跨国有组织犯罪等犯罪活动;加强反腐败国际合作,加大海外追逃追赃、遣返引渡力度 

The practice of the rule of law never stops, and theoretical innovation constantly moves forward. The theory of socialist rule of law with Chinese characteristics is an inclusive and open theoretical system. It will inevitably continue to innovate and develop along with the practice of socialist rule of law with Chinese characteristics. It will inevitably maintain its vitality and demonstrate significant advantages with the vigorous progress of the rule of law in the new era. General Secretary Xi Jinping emphasized the need to adhere to the upright and innovative style of study. It is necessary to adhere to Marxist theories for a long time and to continuously enrich and develop them. We are called to strengthen theoretical research on the socialist rule of law with Chinese characteristics; deeply summarize the practical experience and achievements of the building of the rule of law by the people under the leadership of the Party; innovate and develop the theory of socialist rule of law with Chinese characteristics; and build a legal discipline system, academic system, and discourse system with Chinese characteristics. At the Central Work Conference on Comprehensive Rule of Law, General Secretary Xi Jinping further emphasized:  Advancing the comprehensive rule of law is a profound change in national governance. We must be guided by scientific theory to strengthen theoretical thinking. In terms of theory, we must answer the major issue of the times: why must we adopt the comprehensive rule of law and how to adopt the comprehensive rule of law? We must continuously obtain new results from the combination of theory and practice, summarize and make good use of the Party’s ideological and theoretical achievements in strengthening rule of law construction for the new era, and better guide all the work of comprehensive rule of law. We must conscientiously implement the spirit of General Secretary Jinping’s important instructions and adhere to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era. While deeply studying and thoroughly practicing Xi Jinping Thought on the Rule of Law, we must continue to deepen and expand the research on Xi Jinping Thought on the Rule of Law and develop new theories and make new contributions to the comprehensive rule of law, building the rule of law in China, and realizing the modernization of the national governance system and governance capacity. 

法治实践永不止步,理论创新永无止境。中国特色社会主义法治理论是包容开放的理论体系,必然随着中国特色社会主义法治建设实践而不断创新发展,必然在新时代朝气蓬勃的法治进步中永葆生命活力、展示显著优势。习近平总书记强调要坚持守正创新的学风,对马克思主义理论既要长期坚持又要不断丰富发展,要求我们加强对中国特色社会主义法治的理论研究,深入总结党领导人民进行法治建设的实践经验和成就,创新发展中国特色社会主义法治理论,构筑中国特色法学学科体系、学术体系和话语体系。在中央全面依法治国工作会议上,习近平总书记进一步强调指出:推进全面依法治国是国家治理的一场深刻变革,必须以科学理论为指导,加强理论思维,从理论上回答为什么要全面依法治国、怎样全面依法治国这个重大时代课题,不断从理论和实践的结合上取得新成果,总结好、运用好党关于新时代加强法治建设的思想理论成果,更好指导全面依法治国各项工作。我们要认真贯彻落实习近平总书记重要指示精神,坚持以习近平新时代中国特色社会主义思想为指导,在学深悟透做实习近平法治思想的同时,持续深化、拓展习近平法治思想研究,为全面依法治国、建设法治中国、实现国家治理体系和治理能力现代化发展新理论、作出新贡献 

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王晨 (Wang Chen) (2022). "Xi Jinping Thought on the Rule of Law Is a New Development and New Leap Forward in the Sinicization of Marxist Theory on the Rule of Law [习近平法治思想是马克思主义法治理论中国化的新发展新飞跃 ]". Interpret: China, Original work published April 20, 2021, https://interpret.csis.org/translations/xi-jinping-thought-on-the-rule-of-law-is-a-new-development-and-new-leap-forward-in-the-sinicization-of-marxist-theory-on-the-rule-of-law/

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