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Duan Wei (段 威), Dean and Professor, School of Law, Minzu University of China [中央民族大学法学院院长、教授] has published an interesting essay in Qiushi [《求是》], Issue 4, 2026. It is entitled 善于通过科学立法解决新问题 [ Adeptly Resolving New Issues By Means of Scientific Legislation]. It is a reminder that the spirit of the 3rd Plenum's development and refinement of the concept of socialist modernization in the New Era of China's historical development has permeated deeply into virtually all aspects of institutional and collective life. That spirit focuses modernization on innovation and high quality production. Though its central focus may be in economic production, it is clear that the spirit of innovation and high quality production is meant to touch on all aspects of collective activity--including the production of legislation.
To that end, Dean Duan Wei invokes the concept of 通过科学 (scientific legislation). This is a term that is meant to convey both the spirit of innovation and the high quality production of legislative products to serve their highest purposes--to resolve new issues and in that way effectively contribute to the overall efforts of the nation toward all around scientific modernization. That, in turn, may help reshape the notion and character of law making, and certainly its crafting--away from politics (the core function of the vanguard Communist Party rather than the legislative organs that are meant to realize or operationalize political decisions conforming to the fundamental political line). This focus on 通过科学 (scientific legislation), then, refocuses legislation from an autonomous activity to one deeply interconnected with all other aspects of socialist modernization, and an important element to ensure its appropriate fulfillment through a facilitating cage of regulation.
Law, in this sense, assumes its fundamental character as a factor in the production of modernization. In that sense it is both an object and the closing of process that is meant to be efficient wile conforming to the normative parameters within value is assessed and understood. This shows up in four ways in the essay. The first is with respect to the inventory of legislation: "Through scientific legislation, we can resolve the thorny issues inherent in reform. We must uphold the dialectical unity of "breaking" and "establishing": actively and proactively enacting laws where needed, while—on the basis of established laws—timely dismantling outdated provisions where necessary." [通过科学立法破解改革难题。坚持破与立的辩证统一,该立的积极主动立起来,该破的在立的基础上及时破,在破立统一中推动实现改革发展蹄疾步稳。]. This invokes the ancient spirit of Guiguzi's (鬼谷子) rhetoric.
The second shows up as an interconnection between the Chinese Five Year plans (especially that of the 2025 4th Plenum) and its legislative architecture. In that sense scientific legislation is meant as a means for aligning legislative projects with the general or principal contradiction of the New Era-- The contradiction between the people's growing needs for a better life and the unbalanced and inadequate development [人民日益增长的美好生活需要和不平衡不充分的发展之间的矛盾]."Through scientific legislation, we can resolve the "bottlenecks" and "chokepoints" hindering high-quality development. Currently, issues such as local protectionism and market fragmentation, "involuted" competition, and disparities in the business environment have emerged as pressing challenges that demand immediate attention." [通过科学立法解决高质量发展的堵点卡点问题。当前,地方保护和市场分割、“内卷式”竞争、营商环境存在差距等,已成为亟须回应的难题。].
The third aligns scientific legislation with the mass line. 群众路线是党的根本路线,这是由我们党的全心全意为人民服务的宗旨所决定的。["The Mass Line is the Party's fundamental guiding principle—a truth dictated by our Party's core purpose: to serve the people wholeheartedly. "]. "Through scientifically grounded legislation, we can effectively respond to the evolving demands of the public. By maintaining a problem-oriented and goal-oriented approach, we can drive the legislative process to extend from the macro level down to the micro level, thereby addressing the public's specific concerns with precision." [通过科学立法回应人民群众新诉求。坚持问题导向、目标导向,推动立法从宏观向微观延伸,精准回应群众关切。例如,针对医疗服务、养老服务、噪声污染防治等具体问题,通过“小切口”立法,精细化解决群众的实际困扰。]
The fourth is manifested in the utilization of law in ways that aligns with socialist development projected abroad. In that sense it is the production and deployment of objects and expectations that align with the four main pillars of the overall policy initiative to fashion a "community with a shared future for mankind" [人类命运共同体]—Global Development (GDI), Security (GSI), Civilization (GCI), and Governance (GGI). "We will accelerate the development of a legal system applicable extraterritorially, clearly defining its scope, conditions, procedures, and enforcement mechanisms, to ensure that our law enforcement and judicial authorities have a legal basis upon which to act when addressing issues such as cross-border torts, economic and trade disputes, national security, and the protection of overseas interests," [加快推进域外适用的法律体系建设,明确适用的范围、条件、程序和实施机制,使我国执法司法机关在处理跨境侵权、经贸摩擦、国家安全、海外利益保护等问题时有法可依。]. It is this last one that will likely interest foreigners most bit it is also the manifestation that is least comprehensible without a deeper understanding of the first three.
通过科学 (scientific legislation), then, serves as an important signifier, connecting the production of legislation--as object, process, and manifestation of the fundamental line as elaborated in the 3rd and 4th Plenum of the 20th Congress--to socialist modernization, and with that to the fundamental task of Party of State in moving in the right direction along the Socialist Path. Or, reversing the polarities of that last statement: the 3rd and 4th Plenum objectives will be signified through the intertwining of action and its cage of regulation, to those ends the concept of 通过科学 (scientific legislation) signifies both. The full text of the essay ion the original Chinese and in an English translation follows below.
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| Pix credit here (1976; "With Class Struggle as the Key Link, Set Off a New High Tide in Revolutionary Production) |















