Combining the Rule of Law with the Rule of Morality——General Secretary Xi Jinping's Important Discourse on the Relationship Between the Rule of Law and Rule by Virtue

Key points:Throughout the ages,rule of law has been an indispensable means of governing a state.However,as General Secretary Xi Jinping has pointed out,it is not enough to govern a state by the rule of law

Four Bases of Xi Jinping's Thoughts on the Government of China

Since the 18th CPC National Congress, the CPC Central Committee, led by General Secretary Xi Jinping, has unswervingly adhered to the continuing development of socialism with Chinese characteristics. Through courageous practice and excellent innovation, the CPC Central Committee has shaped a series of new ideas, thoughts and strategies of state governing, which serve as scientific guidelines for the actions and theories on further deepening the Reform and Opening-up and accelerating the modernization of socialism in China. Compared with "new ideas and new strategies," the "new thoughts" are more extensive, inclusive and thorough. In fact, "new thoughts" include "new ideas" and "new strategies" and are demonstrated by the latter two. Presenting the new CPC Central Committee's achievements in both practical and theoretical innovations with Xi Jinping's governing thought as the guide can further promote and deepen the essence of General Secretary Xi Jinping's series of key speeches. Xi Jinping's governing thought has its historical basis, realistic basis, theoretical basis and political basis.

On Xi Jinping's Thoughts of People-to-People Diplomacy

In the wake of the 18th National Congress of CPC Central Committee,catering to the needs of the changing relations between China and the rest of the world,and keeping in mind both the domestic and international situations。

Strengthening Research on the Basic Legal Theory and Adapting Marxist Jurisprudence to the Chinese Context and the Needs of the Times

Innovative development of the legal theory research system requires strengthening research on the basic theory of law. Promoting research on the basic principles of Marxist jurisprudence is the fundamental premise for adapting Marxism to the Chinese context and the needs of the times. XI Jinping Thought on the Rule of Law is the fundamental criterion for the innovative development of the basic theory of law of contemporary China in the new era, and the adaptation of Marxism to the Chinese context and the needs of the times is the essential requirement for the innovative breakthrough of the basic theory of law of contemporary China.

Creating a New Form of Rule of Law Civilization:A Historical Narrative of the Communist Party of China

The modernization path of the Chinese rule of law reflects the glorious process of the Communist Party of China(CPC)’s continuous exploration of the rule of law development.It has created a new form of rule of law civilization for humanity,one that has not only profoundly changed China but is also deeply influencing the world historical process.Under the leadership of the CPC,the Chinese people have achieved the innovation of legal mechanisms,text,and discourse in their century-long endeavor for the rule of law.This highlights the distinctive features of the Chinese rule of law civilization.The innovation of legal mechanisms is the foundation of the modernization of the Chinese rule of law,indicating that through the Party’s century-long endeavor for the rule of law,a legal leadership mechanism has been formed,in which the Party exercises overall leadership and coordinates the efforts of all sides;the innovation of legal text is the manifestation of modernization of the Chinese rule of law,indicating that through the Party’s century-long endeavor for the rule of law,the socialist legal system with Chinese characteristics is gradually moving toward a new stage of codification in which the promulgation and implementation of the Civil Code of the People’s Republic of China is a milestone;and the innovation of legal discourse is the core of modernization of the Chinese rule of law,indicating that through the Party’s century-long endeavor for the rule of law,the continuous refinement of the Chinese legal discourse system is playing a key role in providing theoretical support and legal reasoning.

The Path Evolution for Chinese Modernization of the Rule of Law

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 legaldevelopmenttbased 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 hasreflected theearly 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 profoundhistorical,theoretical,and practical logic,and has created a new model of modernization of the rule of law in a civilized society.

Accurately Comprehending the Concept of"Rule of Law in Foreign- Related Affairs" to Promote Coordinated Advancement in the Rule of Law in Chinese Domestic and Foreign-Related Affairs

The n notion of"rule of law in foreign-related affairs"signifies a critical innovation and evolution in the theory and practice of socialist rule of law with Chinese characteristics.It underscores the pivotal role of rule of law in foreign-related affairs in the law-based governance and presents new topics for the theoretical study for rule of law.A precise comprehension of"rule of law in foreign-related affairs"necessitates tracing its origins and elucidating its correlations with both"rule of law in domestic affairs"as well as with"international rule of law."Acknowledging both domestic and international plerugatives,while holistically advancing law-based governance,constitutes the foundational rationale behind"rule of law in foreign-related affairs."In addition,the cognitive transition from a"socialist legal system"to the"socialist rule of law"in foreign-related affairs."In addition,the cognitive transition from a"socialist legal system"to the"socialist rule of law"forms a theoretical foundation for the rule of law in foreign-related affairs.Although national governance and global governance,as well as the rule of law in domestic and foreign-related affairs fall under distinct governance categories and legal systems,they are interconnected,mutually influential,and integrated.As a component of national rule of law,the rule of law in foreign related affairs acts as a bridge between the two independent legal systems of the rule of law in national affairs and international rule of law.It is imperative to promote a harmonized advancement of the rule of law in domestic and foreign-related affairs,thereby expediting the strategic deployment of the rule of law in foreign contexts.This strategy more effectively safeguards national sovereignty,security,and developmental interests while contributing to build a human community with|a shared future.

A Programmatic Document for Strengthening Legal Education and Legal Theory Research in the New Era: Interpretation of the Opinions on Strengthening Legal Education and Legal Theory Research in the New Era

The release of the Opinions on Strengthening Legal Education and Legal Theory Research in the New Era(hereinafter referred to as the“Opinions”)is a milestone in the history of legal education since the founding of the People’s Republic of China in 1949.Standing at a new historical starting point for exercising law-based governance on all fronts and advancing the rule of law in China,this document outlines new development goals for legal education and legal theory research in the new era from both short-term and long-term perspectives.It adheres to the guidance of XI Jinping Thought on Socialism with Chinese Characteristics for a New Era,and puts forward the principles of upholding and strengthening the overall leadership under the Communist Party of China,adhering to the scientific guidance of XI Jinping Thought on the Rule of Law,accomplishing the core task of economic development and serving the overall interests of the country,fostering virtue through education and cultivating talent with both moral quality and legal literacy,following the objective law,and integrating the underlying tenets of Marxism with China’s realities and the fine traditional Chinese culture,thus establishing the principles for the new development of legal education and legal theory research in the new era.It proposes to strengthen top-level design and strategic arrangements,promote the reform and improvement of the law school system,accelerate the improvement of the legal education system,and innovatively develop the legal theory research system.Therefore,a new development landscape for legal education and legal theory research in the new era has been established.The Opinions clearly stipulates the leadership system,management system,and coordination mechanism for legal education and legal theory research,and creates a new development system for legal education and legal theory research in the new era.

On the Theory of Chinese Legal Education in the New Era

The Central Committee of the Community Party of China with Comrade XI Jinping at its core has made strategic thinking and top-level design for Chinese legal education in the new era, put forward a series of new concepts, ideas and strategies that are epochal, iconic, and original, and created a scientific and modernized theory of Chinese legal education in the new era. The theory on Chinese legal education for the new era, as an important part of XI Jinping Thought on the Rule of Law, profoundly answers significant questions about the orientation, goal, status, relationship, management, and system of Chinese legal education in the new era, and guides us to build a leading country in legal education.

On the Establishment of Chinese Self-Independent Knowledge System of Legal Science

Constructing the Chinese self-independent knowledge system of legal science is a great project to adapt Marxist legal science to the Chinese context and the needs of our times in the new era, a profound revolution in the field of legal science, a precursor and foundation for constructing a system of legal science with Chinese characteristics, an urgent need to train high-quality legal talents with both virtues and talents, and an inevitable requirement for promoting the Chinese path to the modernization of the rule of law. To carry out such a systematic project, it is imperative to focus on the seven basic principles and scientific methods that include adhering to the ideological guidance of XI Jinping Thought on the Rule of Law. The theory of the system of socialist rule of law with Chinese characteristics, which is the cornerstone for the development of the Chinese self-independent knowledge system of legal science, has provided a necessary and much-needed theoretical paradigm for the development of the Chinese self independent knowledge system of legal science, has led to the innovative development of legal theory with Chinese characteristics in the new era, and will continue to do it.

Improving the System of Legal Textbooks

Legal textbooks are the primary carrier of the disciplinary system, academic system, and discourse system of law. They systematically present and reflect the development achievements of the disciplinary system, academic system, and discourse system of law, and directly determine the overall structural arrangement and priorities of law teaching. Overall, the dichotomization of legal textbooks into the sub-systems of basic law and departmental law has lagged behind the progress on socialist rule of law with Chinese characteristics, and the system of textbooks relying on this traditional academic division is also in need of further improvement and reform. “Law-related,” “jurisprudence-related,” and “rule-of-law-related,” the three relatively independent but closely linked sub-systems of legal textbooks can better reflect the current evolution of the rule of law system in China. China’ s legal textbook system should be improved in terms of promoting the development of the main textbooks on law, vigorously promoting the development of textbooks on emerging disciplines and inter-disciplinarity, and courageously innovating the content and form of textbooks.

The Basic Issues concerning the Construction of the Rule of Law in China in the New Era

China has entered a new era in our march toward the rule of law,and the principal contradiction facing Chinese society has changed into one between the people’s evergrowing need for a better life and unbalanced and inadequate development.At the rule of law level,the contradiction manifests itself as a gap between the public’s expectations of rule of law construction and its unbalanced and inadequate development in legislation,law enforcement,the judicial system,legal compliance,legal supervision,etc.The Report to the 19th National Congress of the Communist Party of China points out that law-based governance is an essential requirement and important guarantee for socialism with Chinese characteristics.It outlines an impressive blueprint for building the rule of law in the new era,and further expounds the basic strategy for building the rule of law in China in the future.It provides the guiding ideology and program of action for the comprehensive rule of law and establishes the goal of building the rule of law.Under the guidance of Xi Jinping thought on socialism with Chinese characteristics for a new era,rule of law construction in China will embark on a new journey.

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.

Promoting the Modernization of China’s Governance System and Capacity in Line with the Rule of Law

Since the 18th National Congress of the Communist Party of China(CPC)held in 2012,XI Jinping,General Secretary of the CPC Central Committee,has made a series of vital expositions on the promotion of modernization of the national governance system and capacity in line with the rule of law.The law is the most important tool for governing a country,and the rule of law supports the national governance process and capacity.Promoting the rule of law on all fronts is an essential requirement for developing socialism with Chinese characteristics and promoting the modernization of the national governance system and capacity.Comprehensive law-based governance in all areas should be promoted to advance the modernization of national governance.Furthermore,law-based thinking and methods should be used to address difficulties and challenges faced in this modernization process.

Updated Interpretation of the Chinese Legal System

As an important accomplishment of self-governance exploration for the Chinese nation,the Chinese legal system has contributed significantly to human rule-of-law civilization,and should be reinterpreted from three dimensions:historical tradition,prevailing practice,and future development.Following the constant logic of rule-of-law development in China,Chinese rule-of-law modernization marks a new era of the Chinese legal system and is a specific embodiment of Chinese modernization in the domain of rule of law.The Communist Party of China(CPC)has explored the China’s socialist rule-of-law practice with Chinese characteristics,carried forward the essence of fine Chinese rule-of-law culture,and learned from others’important rule of-law achievements,modernizing the rule of law for the needs of China.Furthermore,XI Jinping Thought on the Rule of Law,adapting to the times to promote the great rejuvenation of the Chinese nation,understands and grasps the basic laws of national governance,the laws of socialist rule-of-law building and the principles of law-based humane civilization development.The Chinese legal system has thereby been revised and expanded through linking history with reality,the international scene with the domestic one,and theory with practice.Surely,the updated Chinese legal system with China characteristics and with world significance will return to global centre-stage in rule-of-law development.Also,the updated Chinese legal system in the new era will embrace the revival of Chinese rule-of-law civilization,while the Chinese rule-of-law modernization will advance the great rejuvenation of the Chinese nation.

"中国式法治现代化"的语义和意义分析

对“中国式法治现代化”进行语义和意义分析,是深化、拓展和创新中国式法治现代化研究的基础性学理性创造性工作。以习近平新时代中国特色社会主义思想的世界观和方法论为指导,以习近平总书记的“中国式现代化理论”为研究范式,对“式”这一经典概念的本原语义和意义进行考察分析,对中国共产党人话语谱系中的“中国式”“中国式……”进行梳理分析,对“中国式现代化”这一科学概念和理论命题及其重大意义进行深度分析,对“中国式法治现代化”进行拓展研究,着力论述其作为法治现代化新范式的“资质”“条件”和“意义”。在上述语义和意义分析的基础上,本文提出了一个关于“中国式法治现代化”的初步定义。

论习近平法治思想与自主法学知识体系建构

习近平法治思想是建构中国自主法学知识体系的指导思想和理论基础,具有世界观和方法论指引功能、法学学科体系优化功能、法学范畴体系完善功能、法学理论体系创新功能。其中,世界观和方法论指引功能,体现为引领法学知识体系建构坚持实事求是、守正创新、推陈出新、融通中外、系统思维、胸怀天下等原则。法学学科体系优化功能,体现为推进法学基础学科转型升级、法学新兴学科创建发展、法学交叉学科发展、涉外法学学科完善。法学范畴体系完善功能,体现为推动完善法学基本范畴体系、公法学范畴体系、私法学范畴体系、程序法学范畴体系、涉外法学范畴体系。法学理论体系创新功能,体现为推动法律学、法治学、法理学的理论体系创新。

范畴·规律·体系:习近平文化思想的三重诠释

作为马克思主义中国化时代化理论成果的文化图绘,习近平文化思想是党的十八大以来中国特色社会主义文化建设实践的理论凝结,创造性地解答了建设社会主义文化强国、建设中华民族现代文明的“文化之问”。全面把握和深入理解习近平文化思想,要在概念范畴解读中明晰其演进脉络,总结具有原创性、标志性的概念群、范畴群,立足世界文化学术坐标体系以互学互鉴、交流提升,打造融通中外的文化新概念、新范畴、新表达。要在遵循文化建设规律中进一步检视其精髓要义,不断深化对文化及文化建设规律的认识,推动守正创新,强化中华民族自立于世界民族之林的自信自强。要在推进体系化学理化研究阐释中厘清其逻辑理路,在原则与路径、形式与内容、实质与目的、使命与价值的有机统一中昭显其结构明晰、层次分明、观点科学、逻辑严密的特征。这三重诠释整体彰显了习近平文化思想的理论广度、阐释深度、影响力度,为以中国式现代化全面推进中华民族伟大复兴提供了强大精神力量。

加强涉外法治体系建设的顶层擘画——论学习贯彻习近平总书记重要讲话精神

习近平总书记在中央政治局第十次集体学习时就加强涉外法治建设所作系列重要论述,是马克思主义法治理论中国化的最新成果。“长远所需”和“当务之急”,凸显了新形势下加强涉外法治建设的重要性和紧迫性。中国涉外法治建设成就巨大、来之不易,但仍存在不少短板弱项,亟待弥补。我国海外利益全方位多层次高速度拓展,外部法律风险与挑战前所未有,干涉与反干涉、制裁与反制裁外交斗争激烈,客观上要求强化法治思维,善用法治方式,“以法斗法”“以法制法”,丰富外交斗争法律“工具箱”,一体推进涉外立法、执法、司法、守法和法律服务,形成涉外法治工作大协同格局。必须坚持统筹推进国内法治和涉外法治,不断完善涉外法治体系和能力建设,为中国式现代化行稳致远营造有利法治条件和外部环境。

在法治轨道上推进新时代科技创新的功能阐释

中国式现代化关键在科技现代化,在法治轨道上推进新时代科技创新是实现科技现代化和法治现代化的必然要求。在法治轨道上推进科技创新旨在发挥法治轨道在推进科技创新中的重要功能,使法治轨道成为驱动和赋能科技创新的重要动力机制和动能来源。要实现在法治轨道上推进科技创新,必须以习近平法治思想为指导,充分发挥和不断优化法治轨道在保障科技创新的政策实施、激发科技创新的主体活力、维护科技创新的自由空间、塑造科技创新的竞争优势、消解科技创新的伦理风险等方面的调整机制功能,从而为新时代科技创新提供持久法治动力和注入强劲法治动能。