“中国特色社会主义法治理论”考

中国特色社会主义法治理论,是习近平法治思想的重要组成部分,是新时代中华法治文明的最新成果。它萌芽于1954年前后以毛泽东为核心的我们党第一代领导人对法的认识,成熟、定型于习近平法治思想之中。它以马克思主义法学观为思想渊源,以中华法系与中华法律文化以及其他人类法治文明之精华为历史基础,以中国共产党人领导的20多年革命根据地的法制建设为社会实践,以新中国70余年社会主义法治建设为时代背景,具有内在的逻辑和规则,以及法知识学价值,是中国特色社会主义法治体系建构的理论指导和学理支撑,也成为全面推进依法治国的行动指南。

In the report to the 20th National Congress of the CPC,General Secretary Xi Jinping pointed out:“The essential requirements of Chinese modernization”include“to create a new form of human advancement.”On April 25,2022,during a visit to Renmin University of China,he pointed out that“to accelerate the construction of philosophy and social sciences with Chinese characteristics is,in the final analysis,to build China’s own knowledge system.”Great practice breeds new knowledge systems,and new knowledge systems promote great practice.To build China’s independent knowledge system,we must take root in China’s great practice and creation of the new form of human advancement.As an integral part of the new form of human advancement,China’s culture of rule of law to some extent represents the height and level of the advancement.Keeping this in mind,we have invited six articles with the theme of“Chinese Expression of the Culture of Rule of Law,”hoping to offer some contribution to the construction of China’s independent legal knowledge system from different perspectives and different levels.Fu Zitang,professor at Southwest University of Political Science and Law,believes that the path to modernization of Chinese rule of law profoundly reflects the glorious course of the CPC’s continuous exploration of the rule of law,highlighting the distinctive characteristics of the Chinese culture in this area.The centenary endeavor of the CPC not only has profoundly changed China,but also is profoundly influencing the course of world history.In the past century,by leading the Chinese people in innovating the legal mechanisms,legal texts,and legal discourse,the Party has created a new form of legal culture in China.Li Lin,research fellow at the Institute of Law of the Chinese Academy of Social Sciences,believes that the modern Chinese culture of rule of law is not only agreat creation of the splendid culture of the Chinese nation for the development of human culture,but also a remarkable contribution of the Chinese rule of law to the progress of the world culture of rule of law,and a major innovation of the culture of rule of law in the 21st century in a major Eastern country.It has realized the creative transformation and innovative development of the excellent traditional Chinese legal culture in terms of discipline system,academic system and discourse system,and boosted the revitalization of the Chinese legal system in terms of value ideals,cultural heritage,system construction and governance experience,and thus has very important theoretical value,practical value and world significance.He Qinhua,professor at East China University of Political Science and Law,and Zhou Xiaofan,postdoctoral fellow at the Kaiyuan Law School of Shanghai Jiao Tong University,believe that the theory of socialist rule of law with Chinese characteristics is an important part of Xi Jinping Thought on the rule of law and the latest achievement of China’s culture of rule of law in the new era.It originated around 1954 from the understanding of law of the first generation of Communist Party leaders with Mao Zedong at the core,and matured in Xi Jinping Thought on rule of law.It has Marxist legal concepts as its ideological source,the essence of Chinese legal system,and Chinese legal culture and other rule of law cultures as its historical basis;its social practice is the more than twenty years of legal system construction in the Party-led revolutionary base areas;and its historical background is the socialist rule of law construction in the PRC for more than 70 years.Therefore,the theory of the socialist rule of law with Chinese characteristics has the logic and rule of its own.Huang Jin,professor at China University of Political Science and Law,believes that a integrated promotion of domestic rule of law and foreign-related rule of law is one of the core elements of Xi Jinping Thought on rule of law.Based on the theories of socialist rule of law with Chinese characteristics,the theory of major-country diplomacy with Chinese characteristics,and the theories of modern international law and excellent traditional Chinese culture,this promotion echoes the call of the times and offers a good response to the overall domestic and international situations.It is of great overall contemporary significance both internationally and strategically.Chen Weidong,professor of the Law School of Renmin University of China,believes that under the guidance of Xi Jinping Thought on rule of law,the construction of rule of law in criminal procedure in China has made a series of significant achievements through intellectual innovation,system construction and innovative practice.The combined force of multiple factors has promoted the culture of the rule of law in criminal procedure to develop new achievements,and,taking the national conditions and following criminal justice law are the key factors in making such achievements;the creative transformation of Chinese traditional culture of rule of law in criminal procedure is its endogenous motive force;the innovative development of criminal procedure and the culture of rule of law around the world is and will continue to be its external support.Cai Lidong,professor at Jilin University,believes that the Chinese property rights system aims to develop the socialist market economy with Chinese characteristics premised on public ownership and strike a balance between the realization of the people’s welfare and civil rights.With the structure of“triple ownership”to safeguard socialist public ownership with Chinese characteristics,with the innovation of the system of“multi-level usufruct”to meet people’s aspiration for a better life,and with the legal principle of“equal protection”to maintain the effective operation of the market mechanism,the Chinese property rights system has offered innovative answers to the world’s queries about the culture of property rights and therefore has made contributions to its advancement.