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Xi's Thought guarantees rule of law

By CAO YIN | CHINA DAILY | Updated: 2021-12-18 07:09
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Railway police read the Constitution at a Constitution study event in Nanjing, Jiangsu province, on Dec 3, a day ahead of Constitution Day. [Photo/Xinhua]

The key to the full implementation of Xi Jinping Thought on the Rule of Law is the creation of a complete legal system that adheres to the socialist rule of law with Chinese characteristics, experts said.

During a conference on work related to overall law-based governance last year, President Xi Jinping stressed the need to adhere to socialist rule of law with Chinese characteristics along with 10 other requirements, including taking a people-centered approach and upholding Constitution-based governance.

The requirements raised during the meeting, which focused on efforts to introduce overall law-based governance throughout the history of the Communist Party of China, not only put the country on a new legal path but also marked the establishment of the Thought.

Feng Yujun, a law professor at Renmin University of China, highlighted the importance of adhering to socialist rule of law with Chinese characteristics in developing Chinese society.

"If we want to reach that goal, we must make the best efforts to make a complete legal system, which is the priority," Feng said.

Feng said that while China has formed a legal system in place, led by the Constitution and consisting of laws and administrative regulations, "it doesn't mean it has been complete".

In his view, a complete legal system includes high-quality legislation that embodies the Thought, adapts to reforms and modernization, and upholds substantial and procedural justice.

"Meanwhile, the responsibilities and duties for each entity charged with carrying out our laws and regulations must be clear and specific. In this way, the laws can be effectively enforced and protect people's rights in practice," he said. "We must say 'no' to empty articles and abstract, illogical or even contradictory content."

The process of making and amending laws and regulations should also be scientific and democratic, he said, adding that some preventive measures need to be included to help deal with evolving situations and uncertainties in China's rapidly developing society.

The Civil Code is considered to be a vital component in the completion of China's legal system.

"This comprehensive and fundamental civil law plays a key role in improving the socialist system of laws with Chinese characteristics, and it will lead a systematic trend in the country's legislation," Fu Zitang, president of Southwest University of Political Science and Law in Chongqing, said in an article in Legal Daily early this year.

The Civil Code, the first law to be called a "code" since New China was founded in 1949, was adopted by the National People's Congress, the country's top legislature, in May last year and came into effect on Jan 1. It is an encyclopedia for behavior centered on social activities and also a crucial instrument in protecting people's rights.

On the road to forming a complete legal system, experts also called for stronger legislation in new and major industries.

"We need to either improve or make more laws and regulations involving national security, technological innovation, public health, biosecurity, environmental protection and risk prevention," Feng said, adding that doing so is necessary to contribute to the development of law-based governance and meeting people's increasing demand for legal services.

"Considering serious international situations, especially hegemony and long-arm jurisdiction by Western countries, we must attach greater importance to drafting laws concerning external affairs while promoting foreign investment and strengthening the review of national security," he said.

"Simply put, we must intensify efforts to upgrade our legal tool kit against external risks."

Legislation involving a number of new fields, such as that related to the digital economy, internet finance, artificial intelligence, big data, cloud computing, gene editing and drones, also needs to be accelerated, Feng added.

Furthermore, "we should pay close attention to the implementation of laws and regulations, because implementation is the life of laws, and whether the laws have authority depends on whether they can be better enforced," Feng said.

Fu also underscored the need for supervision of law enforcement, adding "power without boundaries and supervision will cause corruption".

Xu Anbiao, deputy head of the National People's Congress Standing Committee's Legislative Affairs Commission, said legislators will uphold Xi Jinping Thought on the Rule of Law as a guiding ideology, making legislative plans scientifically and endeavoring to accelerate the creation of laws for new and major industries.

Xu made the remark in an article published in the journal Democracy and Rule of Law at the end of October.

He said making more and better laws will not only solve new problems and meet society's needs, but will also promote national high-quality development efforts and provide stronger legal support for national security.

"At the same time, legislative procedures, including drafting, discussion, coordination and review, will be improved," he said, adding that existing laws that contradict the Constitution or higher-level laws must also be corrected.

More progress made

Besides legislation, changes and progress on the rule of law have also been seen in some other areas since the Thought was established last November.

Over the past year, the country made and issued a series of plans focusing on legal construction in the next five years, to develop a law-based government and society.

The nation has also urged officials in each government agency to play a leading role in learning and abiding by the laws and has required them to appear in courts to participate in hearings if their departments are sued by residents.

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