Chen Wenqing on the Third Plenum & Building Socialist Rule of Law System
Hi folks,
The leadership seems to be away at Beidaihe for the annual retreat; or at least I saw that Cai Qi was there with experts. There is, therefore, little of real significance to cover from the paper.
Over the past 10 days, there have been articles by senior officials on their takeaways from the third plenum. I thought I’ll start covering these through this week. Today, there’s an article by Chen Wenqing discussing the improvement of the socialist legal system with Chinese characteristics. I’m doing a breakdown of that below for today’s edition.
In section two of the article, he talks about the achievements and learnings since the 18th Party Congress. Chen writes:
“Since the 18th Party Congress, our most significant achievement in the construction of socialist rule of law has been the formation of Xi Jinping Thought on the Rule of Law. Xi Jinping Thought on the Rule of Law combines Marxist legal theory with the specific realities of rule of law construction in China and with the excellent traditional legal culture of China. It features distinctive theoretical innovations, contemporary characteristics, and national characteristics; it provides a scientific guide for promoting comprehensive rule of law on the new journey of building a strong country and national rejuvenation. It also contributes Chinese wisdom to the construction of a new international rule of law order and the progress of human rule of law civilization. 党的十八大以来，我们在社会主义法治建设上取得的最重要成就，就是形成了习近平法治思想。习近平法治思想把马克思主义法治理论同中国法治建设具体实际相结合、同中华优秀传统法律文化相结合，具有鲜明的理论创新特质、时代特征和民族特色，为在强国建设、民族复兴新征程上推进全面依法治国提供了科学行动指南，为推动构建新型国际法治秩序、推进人类法治文明进步贡献了中国智慧.
Some of the other achievements he lists are that:
The Party’s leadership over the rule of law is more effective.
The socialist legal system with Chinese characteristics is becoming increasingly perfect. Under this, he writes: As of June 2024, there are 303 effective laws, 598 administrative regulations, and more than 14,000 local regulations. There are 225 effective central Party regulations, 227 party regulations of ministries and commissions, and 3,485 local Party regulations, forming a relatively complete party regulation system.” 截至2024年6月，我国现行有效法律303件、行政法规598件、地方性法规1.4万余件。现行有效中央党内法规225部、部委党内法规227部、地方党内法规3485部，形成了比较完善的党内法规体系.
He mentions the crackdown on organised crime and illegal activities. The national public safety satisfaction rate was 98.2% in 2023. The regulations on the national security responsibility system and social stability responsibility system for Party committees (Party groups) were formulated and implemented. The ‘Fengqiao Experience’ in the new era was adhered to and implemented. Deeply promote the construction of a law-based business environment, equally protect various types of business entities according to law, and continuously stimulate market vitality. 制定实施党委（党组）国家安全责任制、维护社会稳定责任制规定，充分发挥法治防范化解重大风险的重要作用。坚持和发展新时代“枫桥经验”，立足预防、立足调解、立足法治、立足基层，推进矛盾纠纷预防化解法治化。深入推进法治化营商环境建设，依法平等保护各类经营主体，持续激发市场活力.
Section three deals with accurately grasping the correct direction of improving the socialist legal system with Chinese characteristics. Under this, he says that:
“We must always follow Xi Jinping Thought on the Rule of Law as our fundamental guideline and action guide, maintain a firm political stance, adhere to the correct direction, and ensure the construction of the socialist rule of law system with Chinese characteristics progresses steadily and far.” 要始终以习近平法治思想为根本遵循和行动指南，站稳政治立场，坚持正确方向，确保中国特色社会主义法治体系建设行稳致远.
He then makes three points:
First, adhere to the absolute leadership of the Party. The leadership of the Party is the soul of China’s socialist rule of law and the biggest difference between China’s rule of law and that of Western capitalist countries. Practice has proved that only the Communist Party of China can shoulder the historical mission and the great responsibility of the times to lead the people in promoting the comprehensive rule of law. Only under the leadership of the Party can the rule of law be effectively implemented, ensuring that the people are the masters of the country and that the rule of law in national and social life is orderly promoted. Adhering to the Party’s leadership in comprehensive rule of law means deeply understanding the decisive significance of the Two Establishments, strengthening the four consciousnesses and four self-confidences, and achieving the two safeguards. It involves continually improving political judgement, comprehension, and execution to integrate the Party’s proposals throughout the entire process and various aspects of ruling the country by law. 坚持党的绝对领导。党的领导是我国社会主义法治之魂，是我国法治同西方资本主义国家法治最大的区别。实践证明，只有中国共产党才能担负起领导人民推进全面依法治国的历史使命和时代重任，只有在党的领导下依法治国、厉行法治，人民当家作主才能充分实现，国家和社会生活法治化才能有序推进。坚持党对全面依法治国的领导，最重要的是深刻领悟“两个确立”的决定性意义，增强“四个意识”、坚定“四个自信”、做到“两个维护”，不断提高政治判断力、政治领悟力、政治执行力，把党的主张贯彻到依法治国全过程和各方面.
Second, the socialist legal system with Chinese characteristics is a legal system rooted in Chinese culture, based on China’s national conditions, and designed to solve China's problems. It is the result of the great historical practice led by our Party and carried out by the Chinese people in the field of rule of law. It is a socialist legal system, rather than any other kind of legal system. It is necessary to firmly grasp the distinctive nature of socialism with Chinese characteristics, unwaveringly follow the path of the socialist rule of law with Chinese characteristics, and resist being misled by Western erroneous thoughts; never copy the models and practices of other countries, nor follow the Western paths of ‘constitutionalism,’ ‘separation of powers’, or ‘judicial independence’. 中国特色社会主义法治体系，是扎根中国文化、立足中国国情、解决中国问题的法治体系，是我们党领导中国人民在法治领域进行的伟大历史实践，是社会主义的而不是其他的法治体系。要牢牢把握中国特色社会主义这个定性，坚定不移走中国特色社会主义法治道路，决不能被西方错误思潮所误导，决不照搬别国模式和做法，决不走西方所谓“宪政”、“三权鼎立”、“司法独立”的路子.
Third, China’s socialist rule of law is the rule of law for the people, while Western capitalist rule of law is the rule of capital. Adhering to the people-centred approach is the fundamental difference between the socialist rule of law with Chinese characteristics and the capitalist rule of law. 我国社会主义法治是人民的法治，西方资本主义法治是资本的法治。坚持以人民为中心，是中国特色社会主义法治区别于资本主义法治的根本所在.
The fourth and final section lists the key tasks emerging following the third plenum.
First, he talks about improving legislation. “We must improve the institutional system to ensure the comprehensive implementation of the Constitution, establish a reporting system on the implementation of the Constitution, and improve the systems for constitutional review and record filing review to maintain the unity, dignity, and authority of the national legal system. We should refine the legislative work pattern led by party committees, driven by people’s congresses, supported by the government, and participated in by all parties, and coordinate the enactment, amendment, repeal, interpretation, and compilation of laws to continuously improve the quality of legislation. We must focus on key areas, emerging fields, and foreign-related domains to improve the socialist legal system with Chinese characteristics, with the Constitution at its core. We should improve the mechanisms for coordinating Party regulations with national laws and regulations, enhancing the systematic nature, integrity, synergy, and timeliness of legislation. We must build a unified national information platform for laws, regulations, and normative documents, promoting the uniform and correct implementation of laws.” 要健全保证宪法全面实施制度体系，建立宪法实施情况报告制度，完善合宪性审查、备案审查制度，维护国家法制统一、尊严、权威。要完善党委领导、人大主导、政府依托、各方参与的立法工作格局，统筹立改废释纂，不断提高立法质量。要紧紧围绕重点领域、新兴领域、涉外领域，完善以宪法为核心的中国特色社会主义法律体系。要健全党内法规同国家法律法规衔接协调机制，提高立法系统性、整体性、协同性、时效性。要建设全国统一的法律法规和规范性文件信息平台，推动法律统一正确实施.
Second, focus on efficient implementation and deepen the promotion of law-based administration. It is necessary to advance the legalisation of government institutions, functions, powers, procedures, and responsibilities, improve the legality review mechanism of major decisions and normative documents, and strengthen the review of government legislation. It is necessary to deepen the reform of the administrative law enforcement system, improve the comprehensive law enforcement system and mechanisms at the grassroots level, and establish a sound supervision system for administrative law enforcement. It is essential to perfect the benchmark system for administrative discretion in areas such as administrative penalties, promote the alignment of administrative law enforcement standards across regions, and improve the bidirectional connection system between administrative penalties and criminal penalties, ensuring strict, standardized, fair, and civilized law enforcement. It is necessary to improve the vertical management system and the local hierarchical management system, establish sound coordination and cooperation mechanisms between vertically managed institutions and local governments, prudently advance the optimization of institutions in small counties, deepen the reform of the management system in development zones, and optimize the structure and layout of public institutions. 要推进政府机构、职能、权限、程序、责任法定化，完善重大决策、规范性文件合法性审查机制，加强政府立法审查。要深化行政执法体制改革，完善基层综合执法体制机制，健全行政执法监督体制机制，完善行政处罚等领域行政裁量权基准制度，推动行政执法标准跨区域衔接，完善行政处罚和刑事处罚双向衔接制度，做到严格规范公正文明执法。要完善垂直管理体制和地方分级管理体制，健全垂直管理机构和地方协作配合机制，稳妥推进人口小县机构优化，深化开发区管理制度改革，优化事业单位结构布局.
Third, he talks about improving supervision and ensuring fair law enforcement and justice. Under this, Chen calls to “deepen the reform of separating the judicial power from the enforcement power”. He also calls to “improve the law enforcement and judicial relief and protection system, improve the national compensation system, deepen and standardize judicial openness, implement and improve the judicial responsibility system, and promote the standardized and efficient exercise of law enforcement and judicial power.” He adds: “it is necessary to improve the systems for compulsory measures involving citizens' personal rights, as well as compulsory measures such as sealing, seizure, and freezing, promote full coverage of lawyer defense in criminal cases and strengthen the protection of human rights in law enforcement and judicial processes.” 要健全监察机关、公安机关、检察机关、审判机关、司法行政机关各司其职，监察权、侦查权、检察权、审判权、执行权相互配合、相互制约的体制机制，确保执法司法各环节全过程在有效制约监督下运行。要深化审判权和执行权分离改革，健全国家执行体制，切实解决执行难问题。要完善执法司法救济保护制度，完善国家赔偿制度，深化和规范司法公开，落实和完善司法责任制，推动执法司法权力规范高效行使。要完善涉及公民人身权利强制措施以及查封、扣押、冻结等强制措施的制度，推进刑事案件律师辩护全覆盖，加强人权执法司法保障.
Fourth, he calls to improve the lawyer system, notary system, arbitration system, mediation system, and judicial appraisal management system. In addition, he calls to improve the public legal service system covering urban and rural areas and legal publicity and education. He also mentions the importance of improving the quality of legal talent training.
The fifth point deals with foreign-related rule of law. Chen writes: “The rule of law is an important component of a nation's core competitiveness. We must coordinate the promotion of both domestic and foreign-related rule of law, establishing a mechanism to jointly advance foreign-related legislation, law enforcement, judicial administration, compliance, legal services, and the cultivation of legal talent. It is necessary to improve the foreign-related legal system and the rule of law implementation system, deepen international cooperation in law enforcement and judicial administration, and better safeguard national sovereignty, security, and development interests. It is necessary to refine judicial adjudication systems in foreign-related civil legal relationships, allowing parties to legally agree on jurisdiction and choose applicable foreign laws, and strengthen international commercial arbitration and mediation systems, making our country a preferred destination for resolving international commercial disputes. It is necessary to actively develop foreign-related legal services, cultivate world-class arbitration institutions and law firms, and provide strong legal guarantees for Chinese citizens and enterprises to go global.” 法治是国家核心竞争力的重要内容。要统筹推进国内法治和涉外法治，建立一体推进涉外立法、执法、司法、守法和法律服务、法治人才培养的工作机制。要完善涉外法律法规体系和法治实施体系，深化执法司法国际合作，更好维护国家主权、安全、发展利益。要完善涉外民事法律关系中当事人依法约定管辖、选择适用域外法等司法审判制度，健全国际商事仲裁和调解制度，打造国际商事争端解决优选地。要积极发展涉外法律服务，培育国际一流仲裁机构、律师事务所，为我国公民、企业走出去提供有力法治保障.
The sixth and final point is about the importance of focussing on the key leaders to ensure that they function as models of respecting, learning, abiding by, and applying the law. It ends with this “It is necessary to remember that the red line of the law cannot be crossed and the bottom line of the law cannot be touched; lead by example, abide by the rules, and obey the law.” 要牢记法律红线不可逾越、法律底线不可触碰，以身作则、遵纪守法.