Abstract: Cultural law is a legal discipline that focuses on the phenomenon of cultural law as its research object. Cultural law must clarify its own research purposes and methods because of the highly ideological social relations regulated by the research object. Among them, Xi Jinping Thought on the Rule of Law and Xi Jinping Thought on Culture can provide scientific and effective theoretical guidance for the construction of the disciplinary system, academic system, and discourse system of cultural law. To construct a theoretical system of cultural law with Chinese characteristics, the concept of “big culture” should be upheld, which means that the cultural and social relationships adjusted by cultural law should be cultural phenomena at three levels: material, institutional, and ideological. Correspondingly, the theoretical system of cultural law should also be established on the basis of a broad cultural legal system, including the legal system for adjusting material forms such as cultural relics and cultural property, as well as the legal system for regulating intangible cultural heritage, folk norms, patriotic education, and other spiritual forms. The knowledge system of cultural law should focus on its own practical characteristics, especially carry out scientific research on the elements and operating mechanisms of the cultural rule of law, take Xi Jinping Thought on the Rule of Law as the guidance, adhere to the leadership of the Party and the principle of putting the people at the center; take Xi Jinping Thought on Culture as guidance to integrate the value requirements of “two combinations” into the academic system of cultural law, adopt a research method that connects the history and reality of cultural law research, comprehensively, systematically and scientifically explain the characteristics of the standardization, institutionalization, and legalization of the development of the socialist cultural cause with Chinese characteristics, reveal the inherent laws of the socialist cultural rule of law construction, enhance the theoretical guidance function of cultural law theory in guiding the practice of culture and the rule of law, and ensure the independence and academic discourse power of cultural law as an emerging discipline of law by correctly handling the relationship between cultural law and related disciplines such as cultural science and art.

Key Words: Xi Jinping Thought on Socialism with Chinese Characteristics in a New Era; Xi Jinping Thought on the Rule of Law; Xi Jinping Thought on Culture; Cultural Law; Construction of the Cultural Rule of Law; “Three Big Systems'

Author: Mo Jihong, research fellow and director, CASS Institute of Law; doctoral supervisor, the University of CASS;

Source: 3 (2024) Law Science Magazine.