Chinese modernization should be utilized to advance the great rejuvenation of the Chinese nation on all fronts and build a modern socialist country in all respects under the rule of law. Building a modern socialist country under the rule of law requires coordinated steps to promote the rule of law around the needs of socialist modernization and integrate the process inseparably with various social undertakings. The promotion of the rule of law in all aspects is essentially a matter of comprehensive law-based national governance and social management. Such promotion should follow the new requirement of exercising law-based governance on all fronts, respond to the new expectations of the people for the rule of law, and promote the rule of law in China with higher standards, thereby advancing the socialist rule of law system and the rule of law China with Chinese characteristics.
One of the significant theoretical contributions of the Report to the 20th National Congress of the Communist Party of China (CPC) is a well-conceived systematic Chinese modernization theory, which is developed based on the profound summarization of the successful experience of Chinese modernization, and on the modernization theories of China and other countries. Chinese modernization of the rule of law, a section of the law_x005f based Chinese modernization, focuses on the subject of rule of law. Breaking the myth of Western centralism, it creates a new model of modernization of the rule of law and produces a revolutionary effect on the modernization of the rule of law modernization in the world. It presents distinctive Chinese features and Chinese vision. Led by the CPC, it is an independent exploration, people-centered, organized, and planned, and has lofty value goals. Driven by modern science and technology for world peace and development, the principal task of Chinese modernization of the rule of law is to create a system of socialist rule of law with Chinese characteristics and a new form of human advancement of the rule of law. Its great mission is to build China into a modern socialist country in all respects under the rule of law, ensuring that the rule of law runs through all areas and aspects of national governance and construction, so that building China into a great modern socialist country with the high-quality rule of law can be guaranteed.
The integration of Chinese modernization and rule of law has given rise to the Chinese modernization of the rule of law. In terms of the concept building, Chinese modernization of the rule of law is a synthesis of rule of law in China, modern rule of law, and Chinese style. In terms of the target model, Chinese modernization of the rule of law maximizes efficiency through the building of unique rule of law system and the integration of the rule of law country. In terms of the core principles, Chinese modernization of the rule of law could be interpreted and explained from five aspects: subject scale, value positioning, civilization form, spatial dimension, and global perspective. Essentially, the Chinese modernization of the rule of law comprehensively highlights the nine intrinsic requirements of Chinese modernization, thus providing strong guarantee for its accomplishment. With regard to the form of civilization, Chinese modernization of the rule of law has created a new form of human rule of law civilization, in terms of subject, object, content, and path, and can be considered to be a development_x005f based new form of rule of law advancement.
The Communist Party of China (CPC) has created a new path for Chinese modernization and a new form of human civilization while leading the people in advancing a great social transformation. Chinese modernization of the rule of law is an integral part of this new path. With a high degree of historical initiative and consciousness, the CPC has solidly grasped the basic regularity of China’s legal development based on actual national conditions, and has successfully pioneered, upheld, and expanded Chinese modernization of the rule of law. Legal construction during the New-Democratic Revolution has reflected the early exploration of Chinese modernization of the rule of law. The development of the rule of law during the period of socialist revolution and construction has laid a preliminary foundation for the formation of Chinese modernization of the rule of law. The new great social transformation of reform and opening up has further promoted such modernization. The construction of a law-based China in the new era of socialism with Chinese characteristics marks a further expansion and deepening of modernization. Therefore, Chinese modernization of the rule of law is rooted in the Chinese land, conforms to the characteristics of China, and draws on the excellent achievements of the world’s legal civilization. It encapsulates profound historical, theoretical, and practical logic, and has created a new model of modernization of the rule of law in a civilized society.
Chinese modernization of the rule of law is an important dimension of Chinese modernization; it has some commonalities with the rule of law modernization of all countries but it is more characterized by features that are unique to the Chinese context. The prominent feature that constitutes the Chinese characteristics, Chinese style, and Chinese model, is the adherence to the path of socialist rule of law with Chinese characteristics. It is this feature that determines the difference with Western rule of law modernization. Representing a new form of human rule of law civilization, the Chinese_x005f style primarily features the building of a socialist law-based country, government, and society, including centralized, unified, authoritative, and efficient Chinese-style national supervision, as well as the dual existence of constitutional review by the Communist Party of China (CPC) and by the state. Chinese modernization cannot be made possible without the rule of law being modernized and serving as a safeguard. Comprehensive promotion of the rule of law is an overriding approach, and two methods have to be followed specifically: firstly, construction of a modern socialist country in all aspects under the rule of law, and secondly, performance of all work of the state under the rule of law.
The essence of Chinese modernization of the rule of law is to promote a modern legal system in China. The approach to Chinese modernization of the rule of law refers to the Chinese approach to promoting a modern legal system. By comprehensively reviewing the history and reality, theory and practice, and actual and desirable aspects of Chinese modernization of the rule of law, we can summarize the Chinese approach to promoting a modern legal system. This approach contains various elements, including a leadership system for the rule of law with centralized and unified leadership by the Central Committee of Communist Party of China, a rule of law virtue principle of putting the people first, a functional orientation of the rule of law toward national governance, and a historical-legal consciousness that inherits fine traditional Chinese legal culture. These key elements play a prominent role and can effectively showcase the Chinese approach to promoting a modern legal system. Describing such a Chinese approach not only helps to summarize the fundamental experience of Chinese modernization of the rule of law but also showcases the Chinese logic and Chinese characteristics in this modernization process.
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