In October 2014, the Fourth Plenum of the 18th CPC Central Committee put forward the general objective of taking faster steps to build a country which is governed by law. The conference also reviewed the achievements and experience of the rule of law in China, and drew the blueprint of sticking to and extending the socialist rule of law with Chinese characteristics. Promoting the rule of law in China is a new objective of the rule of law of China in the new era integrating the rule of law of the country, the governments and the society. Taking faster steps towards the rule of law of China has become a basic strategy and a consensus of the entire society in the new era.

The level of China’s legal construction is closely related with the extent of reform and opening up. The impetus for the lasting promotion of legal construction of China came from the demands of the social-economic transformation and its rapid development since 1978. While the increasingly growing law practice and gradually entrenching legal achievements are also the embodiment of the great achievements of the cause of socialism development with Chinese characteristics. Meanwhile, with China’s relationship with the rest of the world undergoing profound changes, the interconnections and interactions between China and the international community have become closer than ever. Under such historical background, as one of the essential elements composing China’s exchange with the rest of the world, the importance of rule of law is bound to be rising and become more prominent.

I. Great achievements have been made since the founding of new China, especially since the reform and opening up.

The long and rich legal culture of China is an important part of the world civilization. The pursuit and exploration of rule of law by people with lofty ideals laid out the modern historical process of China. In 1949, with the founding of the People’s Republic of China, people have become the true masters of their country, their society and their own destiny, thus starting the historical process of the building of rule of law in new China.

Since the founding of new China, especially since the reform and opening up over 30 years ago, China has made remarkable achievements in its legislation work. The Communist Party of China has been leading the Chinese people in the formulation of the constitution and other laws. With the unswerving and concerted efforts of all walks of the society, a socialist legal system with Chinese characteristics has been established. This legal system featured the constitution serving as the basis, constitution-related laws, criminal law, civil law, commercial law, administrative law and other laws serving as the backbone, and integrating multi-level laws and regulations varying from laws and administrative regulations to local regulations. This legal system was based on the national conditions and actual circumstances of China, catering to the needs of reform and opening up and the task of socialist modernization, and embodying the will of the Communist Party of China and the Chinese people. Thanks to this legal system, the various aspects of the economic construction, political construction, cultural construction, social construction, and ecological civilization construction was brought under the rule of law.

The enactment and effective operation of various laws of China offered strong support for the drive of socialist modernization and brought all aspects of life, such as politics, economy, society and culture, under the rule of law. The endeavor to run the country according to law and build a socialist country under the rule of law has become a basic strategy of the nation and a common understanding of the society. The CPC's capacity of ruling according to law has raised significantly, and the scientific and democratic level as well as the quality of legislation work have raised continually. The role of law in promoting social-economic development, upholding social fairness and justice, safeguarding people’s rights and ensuring the appropriate exercise of state power has been strengthening. The legal environment of China has optimized, and law-based?administration?and?judicial justice has improved continually, which enhanced economic development and social harmony. The restraint on and supervision over the use of power has also been tightened. Meanwhile, the legal awareness and consciousness of rule of law of the whole society has strengthened-people came to understand and accept the role of law in their ordinary life, and the social atmosphere of spontaneously learning, abiding by and utilizing laws is gradually forming. In the great practice of constructing socialism with Chinese characteristics, the rule of law in China has made great advance.
II. The contribution of rule of law in China to the rest of the world

The legal construction of China has always been based on the national condition of China, integrating historical heritage with referencing the achievements of human civilizations and striving to make systematic and institutional innovations. In the process of conducting legislation work, China attached importance to the reference of foreign experience and the absorption of advanced achievements of other legal civilizations, while refrained from copying foreign ideas and models, thus making the legal system of China being in consistent with the realities and national conditions of the country as well as conforming with the trend of times of contemporary world legal civilization. In the process of exploring a road of rule of law with unique characteristics, the practical legal experience and achievements of China make great contribution to the rest of the world.

Rule of law is an indispensable guarantee of economic prosperity and social development. Since the implementing of the policy of reform and opening up, alongside with the establishment and development of rule of law in China, China witnessed broad and profound changes and made great achievements of development. In this very process, China made great contribution to the peace, stability and prosperity of the world and was more closely connected with the rest of the world. Currently, China has ushered in a decisive stage of fully achieving the social goal of building a well-off society and China’s reform has entered into a crucial period and the “deep-water zone”. Facing such new circumstance and new tasks, the fourth plenary session of the 18th CPC Central Committee made the decision of promoting law-based governance of the country in an all-round way, which will provide a favorable environment for the deepening of reforms and the further opening to the outside world. The conference also proposed to promote the modernization of national governance system and management ability, provide a sound legal environment for the realization of the two Centenary Goals and the Chinese dream of the great rejuvenation of the Chinese nation, thus ensuring the healthy and sustainable development of Chinese economy. The realization of these objectives is bound to offer more cooperation opportunities and benefit the rest of the world.

The process of China’s opening up was not only a process of establishing rules and regulations linked up with the international standards at a fast pace and large scale, but also a process of integrating with the international rule systems in various fields. China has joined in over 100 inter-governmental international organizations, signed more than 300 international conventions, established equal and reciprocal judicial cooperative relationship with a number of countries and international organizations, held regular dialogues on rule of law with major international organizations, and launched bilateral or multilateral exchange mechanism on rule of law with many a regional organizations and countries. China has become one of the participants, contributors and builders of international rule system. As an important member of the international community, China strove to promote international political and economic order towards a more fair and equal direction by making its due contribution, and taking advantage of its strength and practice to introduce more rules and practice in favor of developing countries.

Since the end of the 20th century, the appropriate arrangement of the relationship between rule of law and development has become one of the universal topics faced by developing countries. Due to various reasons, such as economic situation, characteristics of social operation, historical and cultural factors, many developing countries confronted with various difficulties in the process of legal development and reform. As to the topic of the role of rule of law in developing countries in promoting development, no adequate experience can be borrowed from developed countries. The practice of simply copying western ideas and models often accomplishes the opposite effects. China based on its basic national condition of primary stage of socialism and conducting explorations and experiments working around the fundamental mission of socialism, promote the establishment and perfection of various laws and regulations with steady steps, thus playing the guiding and regulating role of rule of law during the process of promoting the all-round development of economy and society. The legal development practice of China provided other developing countries with helpful experience in many aspects.

III. China’s exchange with foreign countries in terms of rule of law

The rule of law in China enriched the content of national image of China. With the rising of comprehensive national strength and influence of China, China attracted more and more attention from the rest of the world. However, misunderstanding and malicious smear from the outside world also abound. It became all the more important to shape and improve the national image of China from all aspects. Promoting law-based governance of the country in an all-around way, building a country under “the socialist rule of law”, and realizing the rule of law in various aspects of the country and the society will make rule of law a more and more important part of national image. To improve a socialist system of laws with Chinese characteristics, in which the Constitution is taken as the core, and to strengthen the implementation of the Constitution will further improve the predictability and stability of various aspects of politics and economy. To promote administration by law, to speed up building a law-abiding government will make the government more open, transparent, fair, efficient and honest. To safeguard judicial justice and to improve judicial credibility will help to maintain social harmony and stability, resolve social conflicts and promote social justice. To promote the public awareness of rule of law and to enhance the building of a law-based society will contribute to the improving of level of rule by law of the whole society. Rule of law can “better coordinate social strength, balance the interest of all aspects of the society, adjust social relations and norms of social behavior, making the profound changes of Chinese society be both vigorous and orderly, thus realizing the goal of economic development, governance goodness, cultural prosperity, social justice and ecological benevolence”. Promote law-based governance of the country in an all-round way will make the recognition of the world on China focus more and more on rule of law, thus being beneficial to the improvement of the national image of China and the promotion of benevolent interaction between China and the rest of the world.

To promote rule of law in China calls for the rule of law being an important part of foreign exchange. Over a long period in the past, legal exchange between China and the rest of the world was mainly conducted by legal professionals and the scope and content of such exchange were limited. Western legal system has gone through a development course of nearly 1,000 years and has become the foundation of contemporary international political and trade system. In western countries, the legal system has become stable and mature; legal consciousness has become entrenched in the mind of people; the fundamental principles and concepts of rule of law were well recognized in the society; and economy, politics and law were highly interconnected. Therefore, to realize the comprehensive exchange with western countries, legal system and legal culture are indispensable elements. However, due to the difference between China and western countries in terms of legal tradition and legal development course, and the major part of the on-going legal system were erected and went through changes in the short run period since the reform and opening up, in the long run of foreign exchange dominated by trade, legal-related content was relatively scarce and the scope mainly restrained of law is nations in foreign exchange. In fact, the gap between China and western countries in terms of development level of rule of law is narrowing rapidly. The coverage of legal system of China is relatively wide and the degree of complexity and specialization of Chinese legal system is fairly high. China has surpassed the stage of solely learning from and referencing western legal systems. In addition, many emerging legal issues in fields like environment protection and science call for the joint research and concerted efforts of different countries. However, western countries lack the sufficient knowledge on the status quo of the legal development of China or are even with deeply ingrained prejudice on it. To promote law-based governance of the country and improve a socialist system of laws with Chinese characteristics, China should attach greater importance to foreign exchange in terms of legal-related field, and pay special attention to extend the domains of foreign exchange into the integral legal system and legal culture. Meanwhile, China should strengthen international publicity on the development and achievements of rule of law in China, and integrate foreign exchange in terms of legal construction with exchange in other fields, such as trade, economy and culture.
　
(Hao Qian, researcher of Research Center for Government by Law, China Institute of Political Science and Law)