推进法治中国建设 [Promoting the Rule of Law in China] Academic Short Reflectionds on the 20th CPC National Congress by Chinese Academics in 《中国社会科学报》Chinese Journal of Social Science

 

Figure of an assistant to the Judge of Hell (Ming Dynasty 1522-1630 British Museum)

 

I have been writing about the 20th National Congress of the Communist Party of China (CPC) and especially the Work Report delivered by its general secretary (see here: 20thCCPCongress). The focus has been on theory, discourse, and their manifestation both within the performative framework of the Congress and thereafter on the public performances of receiving and re-articulating what is perceived to be its core directions by the operational levels of the state, party and academic apparatus.   

One of the recurring themes of Chinese legality for the greater part of the 21st century has been ts affirmation, and reaffirmation of a fidelity to the rule of law.  Not any old rule of law, but one that is increasingly caged within its Chinese characteristics.  And the bars of that caging include the accumulating interpretations of a dynamic Chinese Leninism, its moral and political values, as well as determination to perform socialism in a way that can  be distinguished from non-socialist (and especially non-Chinese Leninist) systems (consider as well this perspective here).  

Pix Credit: 'The Cage' NYC Ballet here

None of this comes as a surprise (it would have been far more surprising to note absence to its reference from the 20th Congress Work Report). What is surprising is the continued adherence to the forms of liberal democratic performance of legalities, and the strengthening of an attachment to the notion that law must be necessarily exist in a space exogenous to the objects of its regulation  That is the essence of an ideological system in which the individual is centered, the cage of protection is formed by the bars of individual rights which protect the individual from the projection of law from out of the collective apparatus (the state as the representative holder of apex political authority expressed through the language of law) and onto the bodies of the individual. More visually (and semiotically) law must be represented and expressed in and through text--the operative authority to interpret and apply it vested in the public institutions that monitor, judge, investigate, and punish those who transgress. 

All of this works perfectly well (or well enough) as foundational building blocks of liberal democratic rule of law regimes (in its various manifestations of conceptual textually bound glory). But perhaps it need express the the entirely of the universe of socialist legality. Here, the CPC has been making more understandably clear in the last decades, one encounters a system grounded in guidance by and leadership of an institutionalized vanguard that is at once the guardian and the activator of political authority, ther operationalization of which is traditionally delegated to an administratively organized state apparatus.  The operation of that apparatus, in turn, like that of many none socialist administrative bureaucracies, is based on the objectives of specifying policy direction and objectives through combinations of exercise of quasi legislative, quasi executive and quasi judicial roles  expressed through the exercise of administrative discretion bounded, in turn, by cages of discretionary constraint in the form of rules, expectations, and accountability measures (both with the state d CPC apparatus).  This system can, it is true enough, be constructed in deep fidelity to rule of law principles; at the same time the manifestation of that fidelity must be necessarily be reflected in different forms--especially with respect to the expression and performance of law.

Still the power of ancient forms, and the success of these forms and concepts to produce longish periods of stability and prosperity speaks volumes for its power --both as form and concept. This last insight is quite useful in reading through the somewhat mandatory expressions of socialist rule of law enthusiasm elicited from important elements of the Chinese academic apparatus. That tension between global (liberal democratic) rule of law sensibilities, the sensibilities of socialist values and performative tropes, and the fundamentally distinct starting points with respect to the centering of the individual in rule of law structures, whispers through the quite interesting statements and approaches quoted. What emerges is a dynamic conversion  that is nuanced and suggests an interesting variation in approaches, all worthy of serious consideration.

I leave judgment to the reader. The text, 推进法治中国建设 2022年11月04日 来源：《中国社会科学报》2022年11月4日第2523期 作者：本报记者 张译心 [Promoting the Construction of the Rule of Law in China 4 November  2022 Source: "Chinese Journal of Social Sciences" November 4, 2022 No. 2523 Author: reporter Zhang Yixin] follows in the original Chinese and in a very crude English translation. 

 

Promoting the Construction of the Rule of Law in China
November 04, 2022 08:49 Source: "Chinese Journal of Social Sciences" November 4, 2022 No. 2523 Author: reporter Zhang Yixin

The report of the 20th National Congress of the Communist Party of China pointed out that the comprehensive rule of law is a profound revolution in national governance. We must better play the role of the rule of law in consolidating fundamentals, stabilizing expectations, and benefiting the long-term, and comprehensively build a modern socialist country on the track of the rule of law. In the past few days, the legal community has conscientiously studied and implemented the spirit of the 20th National Congress of the Communist Party of China, and deeply understood the new ideas, new judgments, new arrangements and new requirements put forward by General Secretary Xi Jinping. At the critical moment of taking a new step in the construction of a rule-of-law China, the interviewed scholars are full of confidence in embarking on a new journey of comprehensively governing the country by law and promoting the construction of a rule-of-law China.

Basically forming an overall pattern of governing the country by law in an all-round way

The construction of the rule of law must be at the forefront of the times, and it is inseparable from the theoretical thinking and ideological guidance of advanced science. Xi Jinping Thought on the Rule of Law is the most important landmark achievement in the construction of the rule of law since the 18th National Congress of the Communist Party of China. Theory, the 21st century Marxist theory of the rule of law, is of great significance in the process of building the socialist rule of law with Chinese characteristics.

Xi Jinping's thought on the rule of law promotes the construction of a rule-of-law China to create a new situation. Since the 18th National Congress of the Communist Party of China, under the guidance of Xi Jinping's thought on the rule of law, the construction of the rule of law in China has achieved brilliant achievements: the construction of a socialist country under the rule of law has been further advanced; the overall pattern of comprehensive rule of law has basically been formed; the construction of the socialist rule of law system with Chinese characteristics has been accelerated; the judicial system reform has achieved Significant progress; social fairness, justice and rule of law guarantees are more solid.

In the ten years of the new era, a group of detailed survey data clearly reflects the great practice of the construction of "the rule of law in China". At present, my country has 293 valid laws, 598 administrative regulations, and more than 13,000 local regulations. Scientific legislation has achieved fruitful results. 85% of the human resources of the judiciary are concentrated on the front line of case handling, the number of cases handled per capita has increased by 20%, and the case closure rate has increased by 18%; after the first and second-instance judgments took effect, the rate of appeals and appeals reached 98%, and the judicial quality, efficiency and credibility have been stable. promote. Over the past ten years, administrative reconsideration agencies at all levels have handled more than 1.9 million administrative reconsideration cases, with an average error correction rate of 13.6%. In 2021, the sense of security of the people will reach 98.6%. Today, China has become one of the safest countries in the world.

But caring about the path, the sky is green and green. From the report of the 15th National Congress of the Communist Party of China in 1997, it was first proposed that "governing the country by law" is the basic strategy for the party to lead the people in governing the country. In 2012, the report of the 18th National Congress of the Communist Party of China confirmed that "the comprehensive promotion of the rule of law" and "the rule of law is the basis for the governance of the country." Governing the country by law has gradually become a major policy for the cause of the party and the country, and through ideological guidance, outline planning, system construction and practical exploration, the overall pattern of comprehensive law-based governance has been basically formed. Mo Jihong, director of the Institute of Law of the Chinese Academy of Social Sciences, said in an interview with reporters that the formation of the overall pattern of comprehensively governing the country according to law has strengthened the confidence and determination of the whole party and the people of the whole country to take the road of socialist rule of law with Chinese characteristics. It will be fully rolled out, and the various undertakings of governing the country according to law will be fully promoted to a new level, showing a new pattern and showing a new atmosphere.

In the ten years of the new era, the construction of a socialist country under the rule of law has been further advanced, and three important "firsts" have been written in the party's history: the first time the Central Plenary Session was convened to study and deploy the country in an all-round way; The State Governing Committee; the first meeting of the Central Committee on comprehensively governing the country according to law was held. Zhu Jingwen, a professor at the Law School of Renmin University of China, believes that this has laid a strong political and organizational guarantee for the comprehensive governance of the country by law, strengthened the Party's overall leadership over the rule of law, and implemented the Party's leadership in the entire process and all aspects of the comprehensive rule of law. , the party leads legislation, supports law enforcement, guarantees justice, and takes the lead in abiding by the law.

The socialist legal system with Chinese characteristics has been continuously improved in the past ten years, and the legislative forms of "big man" and "little quick spirit" have been promoted in concert. Qin Qianhong, a professor at the Law School of Wuhan University, said that on the one hand, as a "big man", the "Civil Code" has led China into the era of the code, and the ideal of national legal unity has gradually been realized, with the focus on national supervision, national security, public health, and personal information protection. There have been breakthroughs in legislation in this field, providing a strong legal guarantee for the long-term stability of the country and the people's life and work in peace and contentment. On the other hand, the local legislation of "Little Kuailing" has continuously promoted the legalization of local governance, improved the ability of legislation to respond to social changes and the needs of the people, and demonstrated the socialist concept of legislation that puts the people first.

The democratic value has been fully implemented in the construction of the rule of law in China. The people's democratic concept in my country has achieved a transcendence of the Western democratic paradigm and led the democratic improvement of the rule of law in China. Qin Qianhong gave an example that the wide coverage of grass-roots legislative contact points in my country and the continuous development of the procuratorial hearing system are the vivid interpretation of the whole process of people's democracy in the fields of legislation and judiciary.

In the process of building the socialist judicial system, our party has continued to forge ahead and bring forth new ideas, gradually exploring a judicial development path suitable for China's national conditions, and helping to form a fair, efficient and authoritative socialist judicial system. Nie Xin, a professor at Tsinghua University Law School, clearly felt that the steady advancement of judicial openness, the reform of the post system, the development of the judicial accountability system, the broadening of the channels for the masses to participate in the judiciary, and the improvement of the legal aid system will "reflect the interests of the people, reflect the aspirations of the people, and improve the legal aid system." Safeguarding people's rights and interests and enhancing people's well-being has been implemented throughout the entire process of governing the country according to law in all fields." It all stems from always adhering to the people-centered development philosophy, and earnestly making sure that the people can understand every legal system, every law enforcement decision, and every law enforcement decision. Fairness and justice are felt in every judicial case. Fu Shicheng, a professor at Nankai University Law School, believes that social fairness and justice demonstrate the value of the rule of law. Based on this, the atmosphere and atmosphere of respecting the law, believing in the law, abiding by the law, and using the law have been greatly improved in the whole society.

Jiang Chuanguang, dean of the School of Philosophy and Law and Politics of Shanghai Normal University, said that since the 18th National Congress of the Communist Party of China, a number of academic and theoretical achievements have been formed that correctly interpret Chinese reality, answer Chinese questions, reflect Chinese wisdom, and have Chinese characteristics and an international perspective. This concentration marks the initial formation of the academic discourse system of the rule of law with Chinese characteristics in the new era.

To build a modern socialist country in an all-round way on the track of the rule of law

The report of the 20th National Congress of the Communist Party of China made new arrangements for "adhering to the rule of law in an all-round way and promoting the construction of the rule of law in China", and proposed that "the role of the rule of law in consolidating the fundamentals, stabilizing expectations, and benefiting the long-term must be better played, so as to build socialism in an all-round way on the track of the rule of law. modern country". The proposal of this important practical task is just a summary and improvement of our party's experience in emphasizing the construction of the rule of law since the 18th National Congress of the Communist Party of China. This strategic deployment fully demonstrates the firm determination of the CPC Central Committee with Comrade Xi Jinping at its core in building a country ruled by law, and also shows that in the course of the second century of struggle, we will continue to deepen the basic strategy of comprehensively governing the country by law.

Zhu Jingwen believes that the construction of China under the rule of law proposed at the 20th National Congress of the Communist Party of China has an inherent inheritance relationship with the formulation of the 18th and 19th National Congresses. Without this institutional foundation and the rule of law foundation, it is unimaginable to achieve Chinese-style modernization. With the high-quality development of my country's economy and society, the system and the rule of law must also be developed and improved to a level that is compatible with Chinese-style modernization. The report of the 20th National Congress of the Communist Party of China proposed to build a modern socialist country in an all-round way on the track of the rule of law, which is a highly condensed view of the role of the rule of law in Chinese-style modernization. With the advancement of Chinese-style modernization, the construction of a socialist country under the rule of law will play a more obvious role in solidifying the fundamentals, stabilizing expectations, and benefiting the long-term.

The report of the 20th National Congress of the Communist Party of China further clarified the relationship between the rule of law and modernization. In Mo Jihong's view, "comprehensive rule of law" is not only an important part of "comprehensively building a modern socialist country", but also provides a solid legal guarantee for "comprehensively building a modern socialist country". The relationship between "modernization of the rule of law" and "modernization of the Chinese style" is not only the relationship between the part and the whole, but also the relationship between the means and the goal. After the overall pattern of comprehensive rule of law has been basically formed, the important task of modernizing the rule of law is to further improve the "quality" of legislation, law enforcement, justice and law-abiding, and to satisfy the people's beautiful pursuit of the value of the rule of law at a higher level.

"Building a modern socialist country on the track of the rule of law" is the deepening of Xi Jinping's thought on the rule of law "adhering to the modernization of the country's governance system and governance capacity on the track of the rule of law", raising the significance of building a rule-of-law China to a new height. In Qin Qianhong's view, the key to implementing this deployment lies in adhering to the supremacy of the constitution, governing the country according to the constitution, and governing according to the constitution. First of all, adhering to the supremacy of the Constitution means upholding the unshakable leadership of the Communist Party of China as determined by the Constitution. Second, upholding the supremacy of the Constitution means upholding the supremacy of the people. The construction of the rule of law actively defends human dignity, protects the rights and interests of the people, accommodates the demands of diverse interests, and realizes a two-way response to the problems of social equity and imbalance caused by social differences and the diversification of social interests caused by social diversity. Finally, upholding the supremacy of the Constitution requires strengthening the implementation and supervision of the Constitution, and safeguarding the unity and dignity of the national legal system. By improving the constitutionality review mechanism and the filing review system, we will promote the normalization, standardization and institutionalization of the constitutionality review work and the filing review work.

Nie Xin believes that under the guidance of Xi Jinping's thought on the rule of law, we should further improve the governance of the country according to the constitution and the governance according to the constitution, and constantly improve the national supervision system and the system of intra-party regulations, deeply crack down on corrupt practices such as corruption, and maintain social fairness, justice and power. Purity and purity; protect citizens' basic rights such as personal and property safety, and implement "serving the people wholeheartedly" in the field of the rule of law.

Jiang Chuanguang said that it is necessary to establish and improve a legal system that develops synchronously with the socialist system with Chinese characteristics, accelerate the construction of relevant legal systems in key areas and emerging areas, and make up for the shortcomings of foreign-related rule of law, so as to achieve good law and good governance. Strictly administer administration according to the law, truly fulfill statutory duties, and do nothing without the authorization of the law, realize the institutionalization, proceduralization, and rule of law of national governance, and implement various measures for the construction of a government ruled by law; deepen comprehensive judicial reforms to allow judicial Really play the role of the last line of defense in maintaining social fairness and justice; promote the construction of a rule of law culture, strengthen the concept of citizens' rights and obligations, and establish a sense of rationality, rules, contracts, and governance in the whole society.

Problem-oriented and deepening legal theory research

The report of the 20th National Congress of the Communist Party of China divides the task of "adhering to the comprehensive rule of law and building a socialist country under the rule of law" into improving the socialist legal system with Chinese characteristics with the Constitution as the core, solidly promoting administration according to law, strictly and impartially judiciary, and accelerating the construction of a society under the rule of law. four directions. The construction of a specific system to promote the construction of the rule of law in China is a systematic project, which requires not only the promotion of practice, but also the guidance and support of a mature legal theoretical system. Taking the problem as the orientation and actively promoting the major basic theory and practice of law in the new era is not only the basic way for the development of law with Chinese characteristics, but also an important driving force for promoting the construction of the rule of law in China. Therefore, it is imperative to effectively strengthen the construction of China's independent legal knowledge system and continuously promote the era of relevant research.

The scholars interviewed unanimously stated that, at present and for a period of time in the future, the legal community should seriously study the spirit of the 20th National Congress of the Communist Party of China. It is necessary to carry out continuous and in-depth research on the theoretical connotation of Xi Jinping's thought on the rule of law, and organically integrate the important concept of the rule of law and the spirit of the rule of law of Xi Jinping's thought on the rule of law into the basic theoretical construction of various disciplines of law, so as to improve the overall quality of legal discipline knowledge and make legal knowledge. The system can adapt to the requirements of new development concepts in the new era.

Facing the new era and new journey, we should closely combine the construction of the rule of law with the overall layout of Chinese-style modernization, not only to study the laws of the rule of law itself, but also to organically integrate the practice of the rule of law with the construction of historical, economic, political, cultural, social, and ecological civilizations. Up, focusing on the central task of comprehensively promoting the great rejuvenation of the Chinese nation with Chinese-style modernization, and actively serving the overall situation of the work of the party and the country. Qin Qianhong believes that legal research must not be separated from the reality of Chinese society, and must "come from reality to reality", find the strategic point of interaction between theory and reality, and determine the theoretical research point in the practical pain point of the construction of the rule of law in China. Strategic fulcrum, get rid of the emptiness and powerlessness of pure theoretical research in the study style, and strengthen the benign interaction between legal theoretical research and legal construction practice. Zhu Jingwen believes that promoting the construction of the rule of law in China must be combined with Chinese traditional legal culture, and in-depth study of the positive role of Chinese excellent traditional culture on Chinese-style modernization. Nie Xin said that it is necessary to dig deep into the essence of traditional Chinese legal culture and help the revival of the Chinese legal system. Traditional legal culture is an important part of the history of the Chinese nation. It has abundant research materials and is an “academic bonanza”. The high-quality “traditional wisdom” of these legal resources urgently needs scholars to deeply explore and organize research, and then actively inherit and innovate.

The laws and regulations written in black and white will eventually return to the colorful real world. How to make the people feel the superiority of the spirit of the rule of law and the socialist rule of law in their daily life? How to integrate the people's expectation of justice into the current judicial system? One of the main points is the protection and realization of citizens' basic rights and social rights. Nie Xin said that under the traditional social ideal of "Great Harmony", "protecting people's livelihood" has been a major issue of national governance for thousands of years, and it is also a real problem area with rich connotations. To study the protection of civil rights theoretically and institutionally, and implement it in the practice of socialist rule of law, this will help improve people's sense of happiness and enhance the public's belief in socialist rule of law. Therefore, scholars should devote more energy to the research on the protection of civil rights. In the process of building a fair, efficient and authoritative socialist judicial system, scholars should go out of the campus and into judicial practice, record and reflect on the progress and shortcomings in the reform of the judicial system, and continue to pay attention to the fairness and justice of the judiciary.

We need to conduct in-depth research on major theoretical issues related to the construction of socialist rule of law with Chinese characteristics, especially to scientifically analyze and summarize the basic formation process of the overall pattern of comprehensive rule of law. Mo Jihong believes that in order to summarize the regular content of socialist rule of law construction with Chinese characteristics, we must study the dialectical relationship between the rule of law and modernization, especially the specific realization path of "Chinese-style modernization of the rule of law". The general requirements of "Chinese-style modernization" are actively explored in theory and practice. In addition, it is necessary to focus on exploring the theoretical laws of governing according to the law and the self-revolution of the ruling party in the construction of the normative system, so as to provide solid theoretical and intellectual support for the smooth realization and full realization of the grand goal of a modern socialist country under the overall leadership of the party. .

The construction of China's independent legal knowledge system is inseparable from the progress of research methods. Fu Shicheng said that it should be guided by the problems and difficulties encountered in the process of advancing the construction of the rule of law in China, and on the premise of in-depth understanding and correct grasp of the socialist rule of law with Chinese characteristics, expand targeted and effective countermeasure research. Zhu Jingwen believes that in terms of methodology, the legal community should pay close attention to the theoretical significance and practical value of interdisciplinary research, and on the basis of adhering to dialectical materialism and historical materialism, pay attention to the Normative research, textual research and value research, social research and even natural science research methods are combined to promote academic innovation with high quality. Jiang Chuanguang believes that attaching importance to strengthening the research on the basic theories of various disciplines of law, providing theoretical support for the practice of the rule of law in the field of departmental law, is conducive to the construction and continuous improvement of China's independent legal knowledge system.

If the rule of law is prosperous, the nation will be prosperous, and if the rule of law is strong, the country will be strong. Looking ahead, the 20th National Congress of the Communist Party of China has pointed out the way forward for the construction of the rule of law in China in the next five years. Only by deeply practicing Xi Jinping's thought on the rule of law, earnestly taking the realization, maintenance and development of the fundamental interests of the greatest number of people as the starting point and end point of all academic innovation and practice, and practicing the era of guarding the hearts and interests of the people in theoretical innovation and practical creation We must be able to contribute academic wisdom to upholding the rule of law in an all-round way and promoting the construction of a rule-of-law China, and to gather together the forces of unity and forge ahead for the comprehensive construction of a modern socialist country and the comprehensive promotion of the great rejuvenation of the Chinese nation. By the middle of this century, we will realize the Chinese style on the track of rule of law. The grand goal of modernization.

Responsible editor: Chang Chang

推进法治中国建设

2022年11月04日 08:49 来源：《中国社会科学报》2022年11月4日第2523期 作者：本报记者 张译心

　　党的二十大报告提出，全面依法治国是国家治理的一场深刻革命，关系党执政兴国，关系人民幸福安康，关系党和国家长治久安。必须更好发挥法治固根本、稳预期、利长远的保障作用，在法治轨道上全面建设社会主义现代化国家。连日来，法学界认真学习贯彻党的二十大精神，深刻领悟习近平总书记提出的新思想新论断、作出的新部署新要求。在迈出法治中国建设新步伐的关键时刻，受访学者对踏上全面依法治国、推进法治中国建设的新征程充满信心。

　　基本形成全面依法治国总体格局

　　法治建设要走在时代前列，离不开先进科学的理论思维和思想指引。习近平法治思想是党的十八大以来法治建设最重要的标志性成果，是我们党百年来提出的最全面、最系统、最科学的法治思想体系，是最具原创性的当代中国马克思主义法治理论、21世纪马克思主义法治理论，在中国特色社会主义法治建设进程中具有重大意义。

　　习近平法治思想推动法治中国建设开创新局面。党的十八大以来，在习近平法治思想指引下，法治中国建设成就辉煌：社会主义法治国家建设深入推进；全面依法治国总体格局基本形成；中国特色社会主义法治体系建设加快推进；司法体制改革取得重大进展；社会公平正义法治保障更为坚实。

　　新时代十年，一组组翔实的调查数据，鲜明映照出“法治中国”建设的伟大实践。当前，我国现行有效法律有293件，行政法规有598件，地方性法规有13000余件，科学立法成果丰硕。司法机关85%的人力资源集中到了办案一线，人均办案数量增长了20%，结案率上升了18%；一、二审裁判生效后服判息诉率达到了98%，司法质量、效率和公信力稳步提升。十年来，各级行政复议机关办理行政复议案件190多万件，案件的纠错率平均达到13.6%，法治政府建设和依法行政水平显著提升。2021年人民群众的安全感达到98.6%，当今中国已成为世界上公认的最安全的国家之一。

　　却顾所来径，苍苍横翠微。从1997年党的十五大报告首次提出“依法治国”是党领导人民治理国家的基本方略，到2012年党的十八大报告确认“全面推进依法治国”、明确“法治是治国理政的基本方式”重要理念，依法治国逐渐成为党和国家事业的重大方针，并通过思想引领、纲要谋划、制度构建和实践探索，基本形成了全面依法治国总体格局。中国社会科学院法学研究所所长莫纪宏在接受记者采访时表示，全面依法治国总体格局的形成，坚定了全党和全国人民走中国特色社会主义法治道路的信心和决心，依法治国各项工作全面铺开，全面推进依法治国各项事业跃上新台阶、展现新格局、呈现新气象。

　　新时代十年，社会主义法治国家建设深入推进，在党的历史上书写了三个重要的“第一次”：第一次召开中央全会专题研究部署全面依法治国；第一次组建中央全面依法治国委员会；第一次召开中央全面依法治国工作会议。中国人民大学法学院教授朱景文认为，这为全面依法治国奠定了强有力的政治保障和组织保障，加强了党对依法治国的全面领导，把党的领导落实到全面依法治国的全过程和各方面，党领导立法、支持执法、保证司法、带头守法。

　　中国特色社会主义法律体系在十年间不断健全，“大块头”与“小快灵”的立法形式协同推进。武汉大学法学院教授秦前红表示，一方面，作为“大块头”的《民法典》带领中国进入法典时代，国家法制统一的理想逐步实现，国家监察、国家安全、公共卫生、个人信息保护等重点领域立法有所突破，为国家长治久安、人民安居乐业提供了有力的法治保障。另一方面，“小快灵”的地方立法不断推进地方治理法治化，提升了立法对社会变化与人民需求的回应能力，彰显了人民至上的社会主义立法观。

　　民主价值在法治中国建设中得到全面贯彻，我国全过程人民民主理念实现了对西方民主范式的超越，并引领中国法治的民主性提升。秦前红举例道，我国基层立法联系点的大范围覆盖，检察听证制度的不断发展等就是全过程人民民主在立法、司法等领域的生动诠释。

　　在社会主义司法制度的建设进程中，我们党不断锐意进取、推陈出新，逐渐探索出了一条适合中国国情的司法发展道路，助力公正、高效、权威的社会主义司法制度形成。清华大学法学院教授聂鑫清晰地感受到，稳步推进司法公开、推行员额制改革、开展司法责任制、拓宽群众参与司法的渠道、完善法律援助制度等，将“体现人民利益、反映人民愿望、维护人民权益、增进人民福祉落实到全面依法治国各领域全过程”，均源于始终坚持以人民为中心的发展思想，切实做到让人民群众在每一项法律制度、每一个执法决定、每一宗司法案件中都感受到公平正义。南开大学法学院教授付士成认为，社会公平正义彰显了法治价值。正基于此，全社会尊法、信法、守法、用法的氛围和风气有了很大改善。

　　上海师范大学哲学与法政学院院长蒋传光表示，党的十八大以来，形成了一批正确解读中国现实、回答中国问题、体现中国智慧、具有中国特色和国际视野的学术理论成果。这集中标志着新时代中国特色法治学术话语体系初步形成。

　　在法治轨道上全面建设社会主义现代化国家

　　党的二十大报告对“坚持全面依法治国，推进法治中国建设”作出新的部署，提出“必须更好发挥法治固根本、稳预期、利长远的保障作用，在法治轨道上全面建设社会主义现代化国家”。这一重要实践任务的提出，正是对十八大以来我们党强调法治建设经验的总结和提升。这一战略部署充分展现了以习近平同志为核心的党中央对建设法治国家的坚定决心，更表明了在第二个百年奋斗过程中，我们将持续深化全面依法治国的基本方略这一时代进程。

　　朱景文认为，党的二十大提出的法治中国建设与十八大、十九大的提法有内在的继承关系，没有这一制度基础、法治基础，要实现中国式现代化是不可想象的。随着我国经济社会的高质量发展，制度与法治也要发展和提高到与中国式现代化相适应的水平。党的二十大报告提出在法治轨道上全面建设社会主义现代化国家，就是对法治在中国式现代化中的作用的高度凝练。随着中国式现代化的推进，社会主义法治国家建设所发挥的固根本、稳预期、利长远的作用将更为明显。

　　党的二十大报告进一步阐明了法治与现代化之间的关系。在莫纪宏看来，“全面依法治国”既是“全面建设社会主义现代化国家”的重要内容，又为“全面建设社会主义现代化国家”提供了坚实有力的法治保障。“法治现代化”与“中国式现代化”之间的关系，既是部分与整体的关系，也是手段与目标的关系。在全面依法治国总体格局基本形成之后，法治现代化的重要任务就是进一步提高立法、执法、司法和守法的“质量”，在更高层次上满足人民群众对法治价值的美好追求。

　　“在法治轨道上全面建设社会主义现代化国家”是习近平法治思想中“坚持在法治轨道上推进国家治理体系和治理能力现代化”的深化，将法治中国建设的意义上升到新的高度。在秦前红看来，要落实这一部署，关键在于治国理政中坚持宪法至上、依宪治国、依宪执政。首先，坚持宪法至上就是坚持宪法确定的中国共产党领导地位不动摇。其次，坚持宪法至上就是坚持人民至上。法治建设积极捍卫人的尊严、保障人民权益、包容多元利益诉求，实现对社会差异性引发的社会公平失衡问题以及社会多元性引发的社会利益多元化问题的双向回应。最后，坚持宪法至上就要加强宪法实施与监督，维护国家法制统一和尊严。通过健全合宪性审查机制、完善备案审查制度，推进合宪性审查工作、备案审查工作常态化、规范化、制度化。

　　聂鑫认为，应当在习近平法治思想的指引下，进一步完善依宪治国、依宪执政，不断完善国家监察系统和党内法规体系，深入打击贪污腐败等不正之风，维护社会公平正义和权力的纯洁纯粹；保障公民的人身与财产安全等基本权利，在法治领域将“全心全意为人民服务”落到实处。

　　蒋传光表示，要建立和完善与中国特色社会主义制度体系同步发展的法律制度体系，加快重点领域、新兴领域相关法律制度建设，补齐涉外法治短板，实现良法善治。严格依法行政，真正做到法定职责必须为，法无授权不可为，实现国家治理的制度化、程序化、法治化，把法治政府建设各项举措落到实处；深化司法综合配套改革，让司法真正发挥维护社会公平正义最后一道防线的作用；推进法治文化建设，强化公民权利义务观念，在全社会确立理性意识、规则意识、契约意识、依法治理观念。

　　以问题为导向深化法学理论研究

　　党的二十大报告把“坚持全面依法治国，建设社会主义法治国家”的任务，分为完善以宪法为核心的中国特色社会主义法律体系、扎实推进依法行政、严格公正司法、加快建设法治社会四个方向。推进法治中国建设的具体制度构建是一项系统工程，既需要实践的推动，更离不开成熟法学理论体系的引领和支撑。以问题为导向，积极推进新时代法学重大基础理论与实践研究，既是中国特色法学发展的基本途径，也是促进法治中国建设的重要动力。因此，切实加强中国自主的法学知识体系建构，不断推进相关研究的时代进程势在必行。

　　受访学者一致表示，当前和今后一段时间内，法学界应认真学习党的二十大精神，关键是要以习近平法治思想为指导，将习近平法治思想的理论研究进一步引向深入。既要对习近平法治思想的理论内涵展开持续深入研究，又要将习近平法治思想的重要法治理念和法治精神有机融入法学各门学科的基础理论建设中，提升法学学科知识的整体质量，使得法学知识体系能够适应新时代新发展理念的要求。

　　面对新时代新征程，把法治建设和中国式现代化的整体布局紧密结合起来，既要研究法治自身的规律，更要把法治实践与历史、经济、政治、文化、社会、生态文明建设有机整合起来，紧紧围绕以中国式现代化全面推进中华民族伟大复兴这一中心任务，积极服务党和国家工作大局。秦前红认为，法学研究绝不能脱离中国社会现实，必须要“从现实中来，到现实中去”，找到理论与现实互动的战略契合点，在法治中国建设的实践痛点中确定理论研究的战略性支点，摆脱书斋式纯粹理论研究的空洞与无力，强化法学理论研究与法治建设实践的良性互动。朱景文认为，推进法治中国建设必须与中国传统法律文化相结合，深入研究中华优秀传统文化对中国式现代化的积极作用。聂鑫则表示，要深入挖掘中华传统法律文化精粹，助力中华法系复兴。传统法律文化是中华民族历史的重要构成部分，有丰富的研究材料，是一座“学术富矿”，这些法学资源的优质“传统智慧”迫切需要学者深入发掘整理研究，进而积极传承创新。

　　白纸黑字的法条终归要回归缤纷多彩的现实世界，如何让百姓在日常生活中感受到法治精神与社会主义法治的优越性？怎样将人民群众对正义的期盼融入现行的司法制度之中？要点之一就在于公民基本权与社会权的保护与实现。聂鑫表示，在传统的“大同”社会理想下，“保民生”是数千年来国家治理的重大课题，也是内涵丰富的现实问题域。从学理上、制度上研究公民权利保障，并在社会主义法治实践中予以落实，这有助于提高人民的幸福感、增强大众对社会主义法治的信仰。因此，学者要对公民权利保障研究投入更多精力。在建设公正高效权威的社会主义司法制度过程中，学者要走出校园、走进司法实践，记录与反思司法制度改革中的进步与不足，持续关注司法的公平正义。

　　涉及中国特色社会主义法治建设的重大理论问题，我们要加以深入研究，特别是要对全面依法治国总体格局基本形成过程进行科学分析和总结。莫纪宏认为，要归纳出中国特色社会主义法治建设带有规律性的内容，要对法治与现代化之间的辩证关系加以研究，特别是“中国式法治现代化”的具体实现道路，应当结合“中国式现代化”的总体要求在理论与实践方面积极探索。此外，还要着力探讨依法执政和执政党的自我革命在规范体系建设层面的学理规律，为在党的全面领导下顺利实现、全面实现社会主义现代化国家的宏伟目标，提供扎实的学理与智力支持。

　　建设中国自主的法学知识体系离不开研究方法的进步。付士成表示，应以推进法治中国建设进程中遇到的问题、难题为导向，在深入理解和正确把握中国特色社会主义法治道路的前提下，拓展有针对性和实效性的对策研究。朱景文认为，在方法论上，法学界应高度关注跨学科研究的理论意义与实践价值，在坚持辩证唯物主义和历史唯物主义的基础上，注意把法学的规范研究、文本研究和价值研究、社会研究乃至自然科学的研究方法相结合，高质量地推进学术创新。蒋传光认为，重视加强法学各学科基础理论的研究，为部门法领域的法治实践提供学理支撑，有助于中国自主的法学知识体系的构建与不断完善。

　　法治兴则民族兴，法治强则国家强。展望未来，党的二十大已为未来五年中国法治建设指明了前进方向。只有深入践行习近平法治思想，切实把实现好、维护好、发展好最广大人民根本利益作为一切学术创新实践的出发点和落脚点，在理论创新与实践创造中践行守民心、护民利的时代诉求，我们一定能够为坚持全面依法治国、推进法治中国建设贡献学术智慧，为全面建设社会主义现代化国家、全面推进中华民族伟大复兴汇聚团结奋进力量，到本世纪中叶，在法治轨道上实现中国式现代化的宏伟目标。

责任编辑：常畅