Firmly Following the Path of Rule of Law of Socialism with Chinese Characteristics

The author examines what constitutes the path of rule of law under socialism with Chinese characteristics that Xi Jinping, General Secretary of the Communist Party of China, is leading the country on.He analyses three “key elements” that determine the content of the PRCʼs legal development at the present stage: commitment to the Party leadership, commitment to the institutions of socialism with Chinese characteristics, and implementation of the theory of rule of law with Chinese characteristics. The author concludes that the first element is the fundamental guarantee of Chinaʼs modern legal system, which was enshrined in the country’s Constitution. Adherence to the institutions of socialism with Chinese specificity implies reliance on those specific political and economic institutions that have historically developed in the PRC and correspond to the peculiarities of China. Without accepting Western legal institutions as the only proper ones, the author carefully analyses why the institutions of people’s congress, multi-party cooperation and political consultation, and public ownership under the leadership of the Communist Party of China are effective for the functioning of socialist democracy and the Chinese legal system. According to the Chinese legal scholar, adherence to these institutions guarantees the peopleʼs legal subjectivity, people’s full participation in the political life of the country, and the ability to ensure a decent standard of living for the people in a market economy. The third element, the implementation of the legal theory of socialism with Chinese specificity, ensures the directional development of Chinese law and offers answers to key questions of state construction.The author’s article also analyses the “five basic principles” to be adhered to in following the path of rule of law under socialism with Chinese characteristics: adherence to the leadership of the Communist Party of China, adherence to the supremacy of the people, adherence to equality before the law, adherence to the unity of the rule of law and virtue, and adherence to policies emanating from Chinese reality.