Worldview and Methodology of Advancing the Construction of the Rule of Law in China

This work discusses a worldview and a methodology concerning ideological approaches by which Marxists can understand and transform the world,based on well-defined value truth,theory and philosophy.The work builds on the Report to the 20th National Congress of the Communist Party of China(CPC),which highlights the following priorities to which XI Jinping Thought on Socialism with Chinese Characteristics for a New Era must adhere:putting the people first,maintaining self-confidence and self-reliance,upholding fundamental principles and breaking new ground,adopting a problem-oriented approach,applying system thinking,and maintaining a global vision.Furthermore,this work argues that these priorities should be applied to promote the rule of law in China’s new journey.As the starting points of analysis and understanding,the meta-theory and“six must-dos”follow the general principles of Marxism in interpreting and promoting socialist concepts,theory,law-based path and legal system in the New Era with Chinese characteristics.The metatheory and the“six must-dos”provide the logical foundations and fundamental compliance with XI Jinping Thought on the Rule of Law.Only by applying these“six must-dos”well can we understand and implement XI Jinping Thought on the Rule of Law,enhance the rationality,initiative,foresight and creativity of our work in comprehensively promoting the rule of law in China.

Forty Years' Construction of Rule of Law and the Legalization of Human Rights Protection in China

A market economy requires the individual rights of citizens be protected, and that the exercising of those rights be regulated, whose realization depends on the legalization of human rights protection On the one hand, individual rights must be protected by law On the other hand, a law-based society needs to be built so the boundaries of individual rights are clear, the exercising of those rights are regulated, conflicts between rights can be resolved through the courts, and the personal infringement of others’ rights and the overall interests of the society is prohibited by law During the 40 years of China’s ref orm and opening-up in China, the promotion of the legal protection of human rights mainly lies in three aspects: first, the important role of the rule of law plays in protecting human rights has been clarified; second, the four steps of the rule of law(scientific legislation, strict law enforcement, judicial justice and observance of the law by all Chinese citizens) have been strengthened to safeguard human rights fully and effectively; third, the Chinese human rights system under the rule of law has gradually been aligned with international norms.

Research on the Scientific Meaning of Rule of Law in China

Beyond the existing academic viewpoints, clarifying the scientific meaning of the rule of law in China in the binary interaction between subject and object is the prerequisite for reifying the rule of law in China from an abstract symbol to a logic in action. The subject dimension of rule of law in China subsumes the legal consciousness, self confidence, independence and self-improvement of the subject. The object dimension of the rule of law in China focuses the relation mode and governance pattern between right and power. In the dimension of time, the rule of law in China is the unification of history and reality of China model. In the dimension of space, the rule of law in China is committed to seeking the right to speech, governance, management and development from the perspective of globalization.

Comprehensively Implementing the Rule of Law Solidly Pushing Forward Human Rights Development——Interview with President Luo Haocai of the China Society for Human Rights Studies(CSHRS)

The Fourth Plenary Session of the 18th Central Committee of the Communist Party of China （CPC） reviewed and approved the Decision of the CPC Central Committee on Certain Key Issues Concerning Comprehensively Pushing Forward the Rule of Law （hereafter, ＂Decision＂）. The plenary session was convened at a pivotal stage in comprehensively building a well-off society and comprehen- sively deepening reform. It was the first of its kind with the theme of the rule of law and was a landmark event in China＇s legal construction. The Journal interviewed Professor Luo Haocai, who is also president of the China Society for Human Rights Studies （CSHRS）.

Enhancing the Rule of Law in China,Improving Judicial Protection for Human Rights

The Third Plenary Session of the 18th Central Committee of the Communist Party of China （CPC） was a vi-tally important meeting during the decisive stage of China constructing a well-off society in an all-round way. It endorsed the CPC Central Committee＇s ＂Decision on Certain Key Issues on Comprehensively Deepening Reform＂ （hereafter, ＂the decision.＂） The decision condensed the thinking and wisdom of the entire Party and society regarding comprehensively deepening reform and made a series of new breakthroughs in theory and politics related to reform.

Building the Rule of Law in China

HISTORIANS give us many reasons for the collapse of the Qing Dynasty （1644-1911）. In one form or another, nearly all of these come back to the inabil- ity to change or meet new challenges. But if the hall- mark of the dynasty was its inability to change, then a case can be made that the opposite has been true of the Communist Party of China （CPC）. In modern times,

Commentary on the Newly Published White Paper Concerning the Rule of Law in China

On February 28, 2008, the State Council Information Office published a white paper entitled China＇s Efforts and Achievements in Promoting the Rule of Law. This document is the first white paper published by the government on China＇s rule of law. It contains eight chapters and six appendices to review China＇s achievements on the road to practicing the rule of law in a compre- hensive way, and to expound the official Chinese policy and position on this is- sue. With some essential points inside, the publication of this white paper is of great significance, especially this year, to China＇s rule of law, human rights prog- ress, and its communication and dialogue with the international community.

Comprehensive Preservation of Human Rights in the Context of “Comprehensively Advancing the Rule of Law”

The Decision made at the Fourth Plenary Session of the 18 th Central Committee of the Communist Party of China(CPC) on comprehensively advancing the rule of law is an ambitious plan for ensuring human rights through the rule of law. The Decision has fully embodied the constitutional spirit of 'respecting and preserving human rights,' and reflects the strategies and plans of the CPC to comprehensively preserve human rights in the course of 'comprehensively advancing the rule of law'. In the process of comprehensively preserving human rights, the leadership of the CPC has to be upheld. The relationship between the CPC and the rule of law is the core issue in lawbased governance and also the core issue in comprehensively preserving human rights.

Law Absence and System Construction of Equal Material Assistance Rights of Farmers in China

Firstly,conception of farmers' equal material assistance rights is introduced from the aspects of equal rights,material assistance rights,and farmers' equal material assistance rights.Value function of farmers' equal material assistance rights is pointed out,which can eliminate the partial policies with urban priority orientation.It is a necessary condition for maintaining the legal and institutional authority,as well as an inevitable choice to realize the social justice and harmony.Current status of the law absence of farmers' equal material assistance rights in China is introduced,which is reflected in the lack of theoretical research on farmers' equal material assistance rights in the law circle,the lack of procedural legal system of farmers' equal material assistance rights at present,and the lack of actual law effectiveness of farmers' equal material assistance rights at present.System construction is a turning point to change the law absence of farmers' material assistance rights.Government should promote the economic development,provide material bases for the system construction of farmers' material assistance rights,enhance the legal consciousness of farmers,cultivate the ability of farmers to participate in equal material assistance rights,strengthen the procedural legislation and judicial justice,and ensure the farmers' material assistance rights.

Persist in Law-based Protection of Human Rights and Improve the Mechanism for the Protection of Human Rights by the Rule of Law

General Secretary Xi Jinping delivered an important speech on China’s Path of Human Rights at a group study session of the Political Bureau of the CPC Central Committee on February 25,2022.Persisting with the law-based protection of human rights and improving the mechanism for the protection of human rights by the rule of law are essential for unswervingly following the development path of human rights in China.The improvement of the mechanism for the protection of human rights by the rule of law necessitates adhering to the principle of respecting the dominant role of the people and removing the institutional obstacles in rule of law protection of human rights;to comprehensively strengthen the implementation of the Constitution,advance the filing and examination of the Constitution,and safeguard the authority of the Constitution;to accelerate the theoretical innovation of human rights and the construction of the discipline system,the academic system and the discourse system of human rights that meet the needs of the new era in China,and to actively participate in and contribute to the global governance on human rights,etc.Improving the mechanism for the protection of human rights by the rule of law can provide a solid protection for people enjoying a better life.

Democracy on the Road toward the Rule of Law Started from Umbrella Movement

This paper had started its words from the hot current Umbrella Movement in Hongkong, with putting forward the questions that ＂ What is the democracy？ ＂ and ＂ How should the democracy develop？ ＂ . And then, it had reviewed the historical development of the concept of democracy, on that basis, it had explored the socialist democratic system in China and analyzed the dilemmas in the construction of socialist democracy. And it gave the responses to questions in the beginning of the article and explained the reasons in details. At the last, some notes on the construction of democracy in China＇ s journey toward rule of law were written in this article.

The Legal Logic in the Practice of Poverty Reduction in Rural China in the One Hundred Years Since the Founding of the Communist Party of China

Three major poverty reduction models have successively been adopted in the poverty control led by the Communist Party of China(CPC),namely reliefbased poverty alleviation,which focused on adjusting the production factors of land,development-driven poverty alleviation,and targeted poverty alleviation.In the process,the target of finding a rational position for the principal function of poverty alleviation has been gradually realized:the approach of poverty alleviation has gradually adjusted from micro to macro,from direct to indirect;while the management has transformed from mobilization-based to rule-of-law based.Rules that link policies and laws,as well as a rule-of-law model of the poverty reduction of a developing country that is led by party committees and governments,has been formed,and an illustrative sample of poverty control has been created,which provides experience based knowledge to the anti-poverty practices in developing countries.In the future,it is necessary to further realize the protection of the rights of the people in comparative poverty and the proceduralization of poverty reduction administrative behaviors,as well as to formulate a unified "Poverty Reduction Law" when the time is ripe,to protect the rights of the people in comparative poverty in the post-poverty-alleviation era.

The Rule of Law in Foreign-Related Affairs in Building China into a Great Modern Country

The call to advance the rule of law in foreign-related affairs is an important component of China's strategic move to a great modern country.In modern times,Western countries have applied rule of law practices in their modernization,demonstrating the values of a sound rule of law system for national strength.In particular,the rule of law,extended beyond national borders,provides a crucial guarantee for a great modern country's sustained,stable,and healthy path,and is also a clear symbol of a country's soft power.As China is progressing to become a great modern country,there is a need to pay a particularly close attention to the rule of law,actively promoting the legalization of foreign-related work.China's stance on the rule of law in foreign-related affairs should include both a principle of defending its core interests and a principle of advocating shared values and of promoting mutually beneficial cooperation.In the context of this era,China's international law professional community should delve into appropriate models that can facilitate smooth progress on the path to modernization,further enhancing the rule of law in China and the successful emergence of a great modern country.

Promoting Chinese Modernization of the Rule of Law and a New Form of Human Advancement of the Rule of Law-Interpretation of the Essence of the Rule of Law of the Report to the 20th National Congress of Communist Party of China

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 lawbased 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 forworld 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.

SPECIAL ISSUE： RULE OF LAW--CHINA AND THE WORLD International Rule of Law and Rule of Law Construction in China

The rule of law has international as well as domestic attributes, so it can be divided into two levels： the domestic rule of law and the international rule of law. Using the thinking behind the international rule of law to build the rule of law in China is both necessary and inevitable. China should put into practice the idea of the international rule of law at the institutional and the governance levels, and should at the same time participate in the UN＇s rule of law activities and in international rule-making, thereby extending its rule of law discourse power and influence in the international sphere.

Characteristics,Indicators,and Methods of Chinese Modernization of the Rule of Law

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.Representingg a new form of human rule of law civilization,the Chinesestyle primarily features the building of a socialist law-based country,government,andSsociety,including centralized,unified,authoritative,andefficient 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 Role of Consultative Democracy in a Constitutional System and the Rule of Law in China

The rule of law in China should be advanced under a systems framework. The systems framework on which the Chinese rule of law relies is shaped by the socialist democratic system. Socialist consultative democracy, which responds to the core themes of the determinant of socialism, Party leadership, the democratic tradition of New China and native resources for constructing the rule of law, is an important resource for constructing the rule of law in China. In a constitutional system of＂ruling Party--political power--the people＂ that takes the sovereignty of the people as the logic of its starting point, consultative democracy plays the role of functional coupling. Popular sovereignty gains political legitimacy on the basis of multi- party cooperation and political consultation under the leadership of the CPC, thus translating the will of the ruling Party into the will of the state. Consultative democracy constitutes an essential process in national decision-making, affording a basis for the construction of the inherent logical sequence of ＂ruling Party--Consultative Conference--People＇s Congress.＂ The democratic supervision exercised by the Consultative Conference is an extension of political consultation; from it unfolds the systems framework of the rule of law in China.

The Right to Be Forgotten Should Not Be Enshrined in Chinese Law

The emergence of the right to be forgotten not only triggered a heated debate between the European Union (EU)and the United States (US), but also caused quite a stir in China’s judicial and legal theory circles. While academicsfrom the UK and the US are wary of the right to be forgotten, their Chinese counterparts are fairly optimistic thatthis right can be transplanted to China. It is found that remarks such as “introducing the right to be forgotten”,“establishing personal information rights”, and “laying down a law on personal information rights” can befrequently observed in relevant studies published in recent years. As an immature new right that has been writteninto laws of some countries, whether the right to be forgotten is in line with China’s practicalities should becogitated on before it is enshrined in law. Having analyzed what influences the right to be forgotten will exert onChina’s rule of law and economic development if it is included in China’s legal system, a conclusion has beenreached. First, the right to be forgotten is detrimental to Chins’ s advancement of rule of law because it contradictsrights such as freedom of the press, freedom of speech and right to know. Second, it will also inhibit thedevelopment of China’s burgeoning digital economy. Therefore, the right to be forgotten should not be introducedto or even established in Chinese law at this stage.

CONSTRUCTION OF A GOVERNMENT UNDER THE RULE OF LAW - AN OVERVIEW OF REPORT ON CHINA LAWDEVELOPMENT 2014： CONSTRUCTION OF LEGAL GOVERNMENT

At the Fourth Plenary Session of the 18th Central Committee of the Communist Party of China （CPC）, the Decision of the Central Committee of the CPC on Some Major Issues concerning Deepening the Rule of Law 2014 was passed and delineated the direction for the research of our nation＇s construction of a government under the rule of law. For years, the government at various levels and administrative agencies adhered to conducting work on the legal course under the CPC＇s leadership, actively promoting administration according to law, and constructing a government under the rule of law, and have made enormous achievements. However, there many difficulties still co-exist, along with challenges and opportunities. By adopting theoretical and empirical research approaches such as data analysis, normative analysis, interviews and investigations, questionnaires, counter-measure research, and case studies, this article discusses and conducted systematic and in-depth research on the theoretical framework of the construction of a government under the rule of law from macroscopic, to microscopic aspects. This article outlined the basic contexts and realistic vision for China＇s construction of a government under the rule of law, which can provide active implementation of the project of construction of government under the rule of law with a basis in theoretical referenee.