In-depth study on the relationship between Chinese modernization and rule of law (building philosophy and social science with China characteristics)
Cartography: Shen Yiling
Core reading
Chinese-style modernization provides a new choice for human beings to realize modernization and is a major innovation in the theory of world modernization. Report to the 20th CPC National Congress of the Communist Party of China proposed to build a socialist modern country in an all-round way on the track of the rule of law. The construction of the rule of law is the inherent requirement and important guarantee of Chinese modernization, which also has a profound shaping effect on the construction of the rule of law, vigorously promotes the innovative development of Socialism with Chinese characteristics’s theory and practice of the rule of law, and contributes China’s wisdom and China’s plan to the progress of human civilization ruled by law.
The rule of law is an important achievement of human civilization, and the road of rule of law in Socialism with Chinese characteristics was formed and expanded in the process of Chinese modernization. Report to the 20th CPC National Congress profoundly expounded the China characteristics, essential requirements and major principles of Chinese-style modernization, made a special chapter on the rule of law as an important aspect of the work layout of the Party and the state in the new era, and put forward the idea of building a socialist modern country in an all-round way on the track of rule of law, which highlighted the important position of rule of law in Chinese-style modernization and revealed the close relationship between Chinese-style modernization and rule of law. A thorough study of the relationship between Chinese modernization and the rule of law is of great significance for accelerating the construction of the discipline system, academic system and discourse system of law with China characteristics, and promoting the innovative development of Socialism with Chinese characteristics’s rule of law theory and practice.
Chinese-style modernization theory is a great innovation to the world modernization theory.
Modernization is an important theoretical paradigm in modern philosophy and social sciences. Researchers generally believe that modernization refers to the process of a country’s transition from traditional society to modern society, economic and social transformation and civilization progress after it has developed to a certain stage. At present, the academic research on modernization covers many fields such as economics, politics, sociology and law, and has formed rich research results. Chinese modernization is the socialist modernization led by the Communist Party of China (CPC). To study the relationship between Chinese-style modernization and the rule of law, we need to deeply understand Chinese-style modernization from the historical logic, theoretical logic and practical logic.
From the development course of China’s modernization, Chinese-style modernization grew from China’s social soil and was cast in the historical process of China’s revolution, construction and reform. General Secretary of the Supreme Leader pointed out: "No country or nation in the world can achieve its own development and revitalization by following the footsteps of others." China’s modernization exploration began in the late Qing Dynasty. Whether it is the Reform Movement of 1898 or the Revolution of 1911, many people with lofty ideals regard the United States, Britain and other world powers at that time as examples of modernization, trying to save the nation by learning from the West. But this "follow-up" modernization has not changed the backward appearance of China. The establishment of New China has provided a fundamental political premise for the people of China to explore the road of modernization independently. In order to catch up with the advanced world level and the socialist revolution and construction period, our party put forward the goal of realizing the "four modernizations", that is, the modernization of agriculture, industry, national defense and science and technology. Under the historical conditions of underdeveloped social productive forces, our understanding of modernization focuses more on material civilization.
After the reform and opening up, based on the basic national conditions that China is in the primary stage of socialism and will be in it for a long time, our party has set the goal of building a well-off society and put forward the idea of "stepping out of a Chinese-style modernization road". Since the 18th CPC National Congress, Socialism with Chinese characteristics has entered a new era. After long-term efforts, we have built a well-off society in an all-round way, and made breakthroughs in comprehensively deepening reforms, comprehensively administering the country according to law, and comprehensively administering the party strictly. Our party’s understanding of building a socialist modern country is deepening, its strategy is improving and its practice is enriching. The Third Plenary Session of the 18th CPC Central Committee took perfecting and developing the Socialism with Chinese characteristics system and promoting the modernization of the national governance system and governance capacity as the overall goal of comprehensively deepening the reform, which showed that Chinese modernization not only paid attention to the development of material civilization, but also had richer connotations. Chinese-style modernization promotes the coordinated development of material civilization, political civilization, spiritual civilization, social civilization and ecological civilization, which is a comprehensive modernization. Chinese-style modernization abandons the old ways of capital-centered modernization, polarized modernization, materialistic expansion modernization and foreign expansion and plunder in the West, and provides a new choice for mankind to realize modernization. This is not to add bricks to the western modernization theory, but to surpass the western modernization theory, to realize the transformation in logic, concept, mode and discourse, and to break the myth of "modernization = westernization", which is of great revolutionary significance in the development of modernization theory paradigm.
The construction of rule of law is the inherent requirement and important guarantee of Chinese modernization.
General Secretary of the Supreme Leader pointed out: "A modern country must be a country ruled by law". Modernization and the rule of law are intrinsically linked, interdependent and accompanied by development. Looking at the modern history of the world, all countries that have successfully realized modernization have not solved the problem of rule of law well. The modernization process will bring about great changes and interest adjustment. As an important part of modern state governance, the rule of law plays a vital role in regulating and coordinating various complex interest relations involved in the modernization process. If the rule of law is not obvious, the society may be unstable and disorderly due to disputes and conflicts, which will eventually lead to the stagnation or interruption of the modernization process. Although some countries once achieved rapid development, they did not successfully enter the threshold of modernization, but fell into such a "trap" that economic and social development stagnated or even regressed. The emergence of this situation is largely related to the lack of rule of law.
Chinese modernization has distinct logic of rule of law, and the construction of rule of law is the inherent requirement of Chinese modernization. From the strategic deployment of Chinese modernization, building a socialist modern country in an all-round way includes promoting the modernization of the national governance system and governance capacity. The rule of law is an important support for the national governance system and governance capacity. This requires advancing the construction of the rule of law in the process of Chinese modernization, ensuring the integration, coordination and efficiency of all institutional systems, realizing the convergence and transformation of institutional systems and governance efficiency, enhancing the systematicness, standardization and coordination of the national governance system, and constantly improving the modernization level of the national governance system and governance capacity. From the value pursuit of Chinese modernization, Chinese modernization insists on taking the people as the center. In the new era, people’s needs for a better life are increasingly extensive, which not only puts forward higher requirements for material and cultural life, but also increases the requirements for the rule of law. In order to realize the people’s yearning for a better life, Chinese modernization must adhere to the rule of law in an all-round way, promote the construction of China ruled by law, and constantly meet the people’s new requirements and expectations for the rule of law. Judging from the development environment faced by Chinese modernization, China’s development has entered a period in which strategic opportunities and risk challenges coexist and uncertain and unpredictable factors increase, and external repression and containment may escalate at any time. We must promote the domestic rule of law and foreign-related rule of law as a whole, use the power of the system to deal with the impact of risk challenges, and ensure that Chinese modernization will not be delayed or interrupted.
The construction of rule of law is an important part of Chinese modernization, which has a fundamental, stable expectation and long-term guarantee for promoting Chinese modernization. First of all, promoting Chinese-style modernization is an unprecedented pioneering undertaking. We must rely on efficient national governance capacity to solve various practical problems in modernization and overcome various difficulties and challenges on the way forward. The rule of law has a solid and fundamental guarantee for the national system and the national governance system. The law is mandatory and authoritative, and has been widely recognized and generally followed. The establishment of national system and national governance system in legal form can effectively ensure the stability and long-term nature of national system and national governance system, and promote the transformation of institutional advantages into governance efficiency. Secondly, Chinese-style modernization is a leap-forward and parallel development process, and many diachronic problems need to be solved synchronously, among which the depth of ideological change and the adjustment of interests are rare in the world. The rule of law protects, regulates and adjusts various interest relations through the implementation of open and stable institutional mechanisms and behavioral norms, thus stabilizing the expectations of social members, maintaining social order in the process of modernization, and providing a solid foundation, lasting motivation and broad space for modernization. Third, the realization of Chinese modernization is a long-term historical process. Adhering to the rule of law in an all-round way is a strategic plan focusing on long-term goals and development, which has a long-term guarantee role. Only by enforcing the rule of law can Chinese modernization be stable and far-reaching.
Chinese modernization opens up a broad space for the rule of law.
Chinese-style modernization is unprecedented in arduousness and complexity, which will have a profound impact on the rule of law. From "promoting the modernization of national governance system and governance capacity on the track of rule of law" to "building a socialist modern country in an all-round way on the track of rule of law", Chinese-style modernization and rule of law are deeply integrated to promote the innovative development of Socialism with Chinese characteristics’s rule of law theory and practice, which not only endows China with new connotations, but also contributes more China wisdom, Chinese programs and Chinese strength to the progress of human rule of law civilization.
Promote the theoretical innovation of the rule of law. Since the reform and opening up, adapting to the continuous advancement and expansion of Chinese modernization in theory and practice, the China-ization of Marxist theory of rule of law is also constantly advancing. From "perfecting the socialist legal system" to "perfecting the socialist rule of law", from "ruling the country by law" to "ruling the country by law in an all-round way", from "building a socialist legal system with Chinese characteristics" to "building a socialist country ruled by law" to "adhering to the integration of a country ruled by law, a government ruled by law and a society ruled by law", Socialism with Chinese characteristics’s theory of rule of law keeps pace with the times in socialist modernization, which has effectively guaranteed the smooth progress of China’s modernization, from "laws must be followed, laws must be strictly enforced, and violators must be prosecuted" to "comprehensively promoting scientific legislation, strictly enforcing laws, justly administering justice, and abiding by the laws of the whole people". Especially since the 18th National Congress of the Communist Party of China, the road of Chinese modernization has become wider and wider, and the practical, theoretical and institutional foundations for building a socialist modern country in an all-round way have become more solid. Our party insists on combining the Marxist theory of rule of law with the concrete reality of China and the excellent traditional Chinese legal culture.It has formed the supreme leader’s thought of rule of law, the latest achievement of China-ization of Marxist theory of rule of law. This important thought is not only the fundamental follow-up and action guide for comprehensively governing the country according to law in the new era, but also contributes China’s wisdom to the development of human civilization ruled by law.
Enrich the practical form of the rule of law. The rule of law in Socialism with Chinese characteristics serves Chinese modernization, which has a profound shaping effect on the rule of law in Socialism with Chinese characteristics, making the practice of rule of law in China unique. For example, the development of the rule of law in China is not only different from the bottom-up social evolution model of western countries, but also different from the top-down government promotion model of some East Asian countries, but also promotes the rule of law from top to bottom and from bottom to top. We have created the rule of law reform model of "pilot first, then promote" to ensure that the reform in the field of rule of law is steady; We insist on combining the rule of law with the rule of virtue; Adhere to the rule of law in an all-round way and actively promote the rule of law in international relations; Wait a minute. Report to the 20th CPC National Congress of the Communist Party of China profoundly expounded the China characteristics, essential requirements and major principles of Chinese modernization, which expanded the path for the further development of the practice of rule of law in Socialism with Chinese characteristics. For example, building a socialist modern country in an all-round way on the track of the rule of law means that the rule of law runs through all fields, aspects and links of socialist modernization, which will inevitably promote a more comprehensive coverage of the rule of law and more diverse forms of practice. Another example is that ensuring the implementation of the essential requirements of Chinese-style modernization with the power of the rule of law also puts forward new requirements for the construction of the rule of law, which will surely promote the practice and innovation of the rule of law to continuously achieve new results. To embark on a new journey, we should thoroughly study and implement the supreme leader’s thought of rule of law, persist in leading the construction of rule of law with Chinese modernization, guarantee Chinese modernization with good laws and good governance, and make greater achievements in promoting Chinese modernization on the track of rule of law.
(The author is Dean of Wuhan University Law School)