MO Jihong: On the Underlying Logic of the Rule of Law Reform—Legal Interpretation of the Spirit of the Third Plenary Session of the 20th CPC Central Committee


 


Abstract: Based on various stipulations and requirements of the Resolution of the Central Committee of the Communist Party of China on Further Deepening Reform Comprehensively to Advance the Chinese Modernization adopted at the Third Plenary Session of the 20th Central Committee of Chinese Communist Party and taking Xi Jinping Thought on the Rule of Law as guidance, this paper applies the Marxist positions, standpoints and methods to systematically and comprehensively analyze the underlying logic behind the rule of law reform stipulated in the Decision, pointing out that the proposition that “the rule of law is an important guarantee for the Chinese path to modernization” implies that, in order to promote the Chinese path to modernization, the rule of law itself must first be modernized. Meanwhile, the institutional goal of “the rule of law reform” is to ensure the constitutionality of various institutions of socialism with Chinese characteristics through the reform of “all aspects of the rule of law” and “in all fields of the rule of law”. The academic viewpoints of this article provide a legal methodological support for correctly grasping the various policy requirements of “the rule of law reform”.

Abstract: the rule of law reform; bringing various institutions under the rule of law; constitutionalizing various institutions; the Chinese Path to Modernization

Author: Mo Jihong, director and research fellow, CASS Institute of Law; member of CASS;

Source: 5 (2024) China Law Review.