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

Advancing the Rule of Law

The Fourth Plenary Session of the 18th Central Committee of the Communist Party of China （CPC）, held in Beijing from October 20 to 23, set the blueprint for rule of law in the world＇s second-largest economy. Chang Jiwena professor with the Institute of Law at the Chinese Academy of Social Sciences, believes the meeting has taken the rule of law to a higher level. Excerpts of his arguments follow：

The significance of the right to resistance in the construction of the rule of law

The establishment of the right to resistance in the constitutions in western countries has its constitutional background and the original intention of granting the right to the citizens to restore the constitutional order so as to prevent the tyranny. It is itself an integral part of the order of the rule of law. However, the establishment of this right itself is not guaranteed by the relevant legal systems. Even in the countries ruled by laws that stipulate the right to resistance of the citizens, the system is a quite threatening ＂double-edged sword＂ to the order of the rule of law. If it cannot be well regulated, it will even destroy the rule of law. There^bre, the right to resistance of the citizens has its positive significance to the construction of the rule of law, but its negative significance is inevitable. Especially in the environment of today＇s China, we should be more cautious to fit the right to resistance into our constitution.

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）.

Empirical Human Rights Studies Contribute to Building a Society Under the Rule of Law——Summary of the Fifth National Meeting for the Exchange of Work Experience Among Human Rights Research Institutions

From Nov. 5 to 6, 2013, the China Society for Human Rights Studies （CSHRS）held the Fifth National Meeting for the Exchange of Work Experience Among Human Rights Research Institutions at Wuhan University. More than 100 experts and scholars, focusing on empirical human rights studies and their contribution to building a society based on the rule of law, shared their work experience and discussed effective strategies. CSHRS President Luo Haocai, who served as vice chairman of the 10th National Committee of the Chinese People＇s Political Consultative Conference,

Notes on the Rule of Law and Human Rights in Chinese Traditional Culture

1. Introduction The role of law and human rights in Chinese traditional culture seem to be a real conundrum with misunderstanding and controversies. Some Western politicians and scholars who did not probably delve into and equip with related knowledge were apt to take an adverse stand. For example, Chris Pat-

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.

Toward the Rule of Law

ONE of the three building blocks required for a well-ordered society, says American political economist Francis Fukuyama, is the rule of law. All indications in the current wave of legal reform now show that China is accelerating the building of a society based on the rule of law with unprecedented focus. From October 20 to 23, more than 200 members of the 18th Central Committee of the Communist Party of China （CPC） convened in Beijing for the Fourth Plenary Session, which steers the country＇s political path. Rule of law topped the agenda at the meeting, marking the first time in its 93-year history the Party has designated such a theme for a plenary session.

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.

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.

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.

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.

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.

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.

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.

Demand Created by the Growing Digital Economy for Innovations in Regulation from the Perspective of the Rule of Law

The digital economy can significantly deepen supply-side reform and upgrade consumption and lifestyle in the new era.While having made great achievements,the digital economy has also introduced many regulatory risks and troubles.The basic logic of the digital economy is the eco-industrial chain based on data and big data resources.Since the current data property rights system is unclear,various forms of competition based on data resources have seriously challenged existing laws and their implementation mechanisms.To address the problems of an insufficient institutional supply and weak implementation,and to facilitate the growth of the digital economy,we should update the regulations’concepts and methods,establish a new logic of system regulations,improve the implementation mechanisms by using the overall and multi-level regulation thinking,and build a multi-dimensional,diversified and all-round economic rule of law regulation system led by the government with the participation of operators,consumers and social organizations.This regulation system relies on the synergy between top-level design and top-level promotion,respects the balance of multiple interests,and finally realizes the three-dimensional integration of efficiency,fairness and security.

A Study on the Belt and Road Digital Economy Prospects and Pathway to the Rule of Law

Digital economy empowers the further pursuit and materialization of the Belt and Road Initiative(BRI).It has social efficacy and is governance-oriented in the process of economic globalization,but also has multi-faceted predicaments of governance as well as obstacles to the rule of law.Therefore,the BRI digital economy governance should mediate four relationships at the macro level,and implement the rule of law from three dimensions with the purpose of contributing to constructing global digital governance system.

The Approach to Chinese Modernization of 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 containssvariouselements,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.

The Rule of Law in Foreign-Related Affairs and Associated Talent Cultivation in China

Advancing the rule of law in domestic and foreign-related affairs in a coordinated manner is a significant strategic measure put forward by the Communist Party of China and the Chinese government amid global changes of a magnitude not seen in a century.It is an important content of XI Jinping Thought on the Rule of Law and also a new practice facing China's highlevel opening up.To further explore and clarify the basic theory and approach of cultivating high-quality talents in the rule of law in foreign-related affairs,this article analyzes and summarizes the practice of foreign-related rule of law in the context of globalization.This is done from the perspectives of territory,normative,subject,and legal application dimensions.Key factors include the significant differences in official languages and legal cultures between jurisdictions,the closure of the legal profession admission mechanisms,and the inter-disciplinary requirements for talents praticing the rule of law in foreignrelated affairs.For this reason,the path for talent cultivation in this field in China for the new era can be explored through clarifying requirements for training and qualification,strengthening international cooperation,and building a multi-level mechanism for the cultivation and utilization of talents practicing the rule of law in foreign-related affairs.