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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。].
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. 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) |
来源：《求是》2026/04 作者：段 威 2026-02-16 09:00:00
段 威
法治是治国理政的基本方式，立法是全面依法治国的“第一道工序”。党的十八大以来，适应推进高质量发展、促进新兴领域发展与治理、保障和改善民生、保护生态环境、维护国家安全和统一等新发展新要求，我国立法体制日益完善，重点领域、新兴领域、涉外领域立法不断加强，中国特色社会主义法律体系日趋完善。
同时也要看到，我国内外环境发生巨大变化，改革发展稳定面临新形势新挑战，对法治建设特别是立法提出新要求。比如，全面深化改革进一步深入，需要同步考虑改革涉及的立法问题：对实践证明已经比较成熟的改革经验和行之有效的改革举措，需要尽快上升为法律；对实践条件还不成熟、需要先行先试的，需要按照法定程序作出授权；对不适应改革要求的现行法律法规，要及时修改或废止，不能让一些过时的法律条款成为改革的“绊马索”；等等。又如，新一轮科技革命和产业变革加速演进，数字经济、互联网金融、人工智能、大数据、云计算等新技术新应用快速发展，催生一系列新业态新模式，但相关法律制度还存在空白区。再如，随着经济社会发展，人民群众最关心的教育、就业、收入分配、社会保障、医药卫生、住房等方面出现许多新情况，有的方面群众不满意甚至意见很大，相关法律法规需要及时跟上并持续完善。此外，中国与世界关系发生深刻变化，与国际社会的互联互动空前紧密，同时大国之间地缘竞争、科技和产业制高点竞争、贸易保护主义抬头等风险因素和不确定性持续加大，迫切需要建设同高质量发展和高水平开放要求相适应的涉外法治体系；我国企业和公民越来越多走向世界，跨国纠纷和法律问题更多更复杂，需要更好运用法治手段有效应对各种摩擦纠纷，更好维护我国企业和公民合法权益。
“立善法于天下，则天下治；立善法于一国，则一国治”，习近平总书记强调，“要抓住提高立法质量这个关键，深入推进科学立法、民主立法”。科学立法是我国立法原则之一，核心在于尊重和体现客观规律，需要立法工作高度关注并跟上经济社会新发展新变化，及时捕捉和把握对法律的新需求，通过制定和调整法律更好解决新问题应对新挑战。
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。与进一步全面深化改革相适应，采取灵活多样的立法形式，增强立法系统性、整体性、协同性、时效性。比如，根据形势需要制定新法，或对现行法律进行全面修订、局部修改、统筹修改；及时废止不适应新形势的法律，消除经济社会发展的制度障碍；加强立法解释，明确法律规定的含义和适用法律的依据，促进对法律的准确理解、有效实施；推动法律规范法典化、法律制度系统化；分时段分领域开展法律清理，保证法律体系内部和谐统一；授权先行先试，支持和推动相关领域改革；等等。通过进一步拓展法治作用空间，更好发挥法治在破除体制障碍、巩固改革成果中的积极作用。
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。要针对阻碍全国统一大市场建设的各种问题加强立法，规范地方政府经济促进行为，健全政府不当干预市场竞争行为治理规则，破除地方保护和市场分割，清理行业壁垒，为优化资源配置、扩大内需、缓解同质化竞争提供制度保障。通过立法加强对“内卷式”竞争的治理，规范企业在市场准入、价格制定等方面的行为，划定竞争边界、强化制度约束、完善激励导向，以良法确立公平竞争的基本秩序，明确禁止低价倾销、恶意补贴、排他性交易、流量垄断、平台强制二选一等扭曲竞争机制的行为，防止无序竞争挤压优质产品生存空间。聚焦制约和影响营商环境的瓶颈，加强政务环境、市场环境、开放环境等相关立法，确保各类经营主体依法平等使用生产要素、公平参与市场竞争、同等受到法律保护；以立法固化“放管服”成果，推动一网通办、跨省通办、并联审批、告知承诺等制度法定化，降低制度性交易成本；健全市场化重整、简易注销等市场退出机制，形成从准入、经营到退出全生命周期的法治保障。
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。关注不同群体需求加强立法，做到权益保障更均衡、制度供给更普惠、规则设计更暖心。例如，针对外卖骑手、网约车司机等新就业形态劳动者的权益保障问题，通过完善立法，进一步解决用工关系界定、平台算法规范等痛点，明确权益保障底线。进一步扩大公众有序参与立法，更好倾听人民呼声、体现人民意志，坚持和完善法律法规草案公开征求意见、立法听证会、论证会、座谈会等方式，畅通和拓展基层立法联系点等渠道，探索和创新社交媒体、网络直播等新载体新形式，让广大群众能够更便捷参与、更充分表达。
通过科学立法保障高水平对外开放。坚持立法先行、立改废释并举，形成系统完备的涉外法律法规体系。健全涉外民事、商事、经贸、海关、金融、数据安全等领域规则，推动国内法与国际通行规则更好衔接，打造稳定、透明、可预期的法治环境。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。面对个别国家动辄实施单边制裁、粗暴干涉别国内政、滥用国内法进行域外管辖等行为，按照急用先行原则，进一步完善反制裁、反干预、反“长臂管辖”法律法规，丰富涉外法律工具箱，筑牢国家利益和企业、公民合法权益的法治屏障，切实维护我国主权、安全和发展利益。
作者：中央民族大学法学院院长、教授
Source: *Qiushi*, Issue 4, 2026 | Author: Duan Wei | February 16, 2026, 09:00:00
**Adeptly Resolving New Issues By Means of Scientific Legislation**
**Duan Wei**
The rule of law serves as the fundamental method for state governance and administration, while legislation constitutes the "primary process" in comprehensively advancing the rule of law. Since the 18th National Congress of the Communist Party of my country, in response to new developments and requirements—such as promoting high-quality development, fostering the growth and governance of emerging sectors, safeguarding and improving public well-being, protecting the ecological environment, and upholding national security and unity—China's legislative system has undergone continuous improvement. Legislation in key areas, emerging fields, and matters involving foreign affairs has been steadily strengthened, and the socialist legal system with Chinese characteristics is becoming increasingly comprehensive.
At the same time, it must be recognized that China's domestic and international environments have undergone profound changes. The tasks of reform, development, and stability now confront new circumstances and challenges, thereby imposing new demands on the construction of the rule of law—particularly in the realm of legislation. For instance, as the comprehensive deepening of reform advances further, legislative issues implicated by these reforms must be addressed in tandem: reform experiences proven mature in practice, as well as effective reform measures, must be codified into law as expeditiously as possible; for initiatives where practical conditions remain immature and which require pilot testing, authorization must be granted in accordance with statutory procedures; and existing laws and regulations that are incompatible with the requirements of reform must be promptly amended or repealed—we must not allow outdated legal provisions to become "stumbling blocks" to reform. Furthermore, as the new round of scientific and technological revolution and industrial transformation accelerates its evolution, new technologies and applications—such as the digital economy, internet finance, artificial intelligence, big data, and cloud computing—are developing rapidly. While these advancements have given rise to a host of new business forms and models, corresponding legal frameworks still contain gaps. Moreover, alongside socio-economic development, numerous new situations have emerged in areas of greatest concern to the public—including education, employment, income distribution, social security, healthcare, and housing. In certain areas, the public remains dissatisfied or even harbors strong grievances; consequently, relevant laws and regulations must keep pace with these developments in a timely manner and undergo continuous refinement. Furthermore, China’s relationship with the world has undergone profound changes, and its interconnectedness and interaction with the international community have reached unprecedented levels of closeness. At the same time, risk factors and uncertainties—such as geopolitical competition among major powers, the contest for commanding heights in technology and industry, and the resurgence of trade protectionism—continue to intensify. Consequently, there is an urgent need to construct a system of rule of law regarding foreign-related matters that is commensurate with the requirements of high-quality development and high-level opening up. As Chinese enterprises and citizens increasingly venture onto the global stage, the volume and complexity of transnational disputes and legal issues have grown; this necessitates a more effective application of legal instruments to address various frictions and disputes, thereby better safeguarding the legitimate rights and interests of Chinese enterprises and citizens.
"When sound laws are established for the world, the world is well-governed; when sound laws are established for a nation, that nation is well-governed." General Secretary Xi Jinping has emphasized: "We must seize upon the key imperative of improving the quality of legislation, and vigorously advance both scientific and democratic legislation." Scientific legislation constitutes one of my country’s fundamental legislative principles; at its core lies the respect for and embodiment of objective laws. This requires legislative work to pay close attention to—and keep pace with—new developments and changes in the economy and society, to timely identify and grasp emerging legal requirements, and to formulate or adjust laws in order to better resolve new problems and address new challenges.
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. Through this unified process of breaking and establishing, we can drive reform and development forward with both vigor and steady progress. To align with the further comprehensive deepening of reform, we must adopt flexible and diverse legislative forms, thereby enhancing the systematic nature, holistic integrity, synergy, and timeliness of our legislation. For instance, this entails enacting new laws in response to situational demands, or undertaking comprehensive revisions, partial amendments, or coordinated adjustments to existing laws; timely repealing laws that no longer suit the new circumstances, thereby eliminating institutional barriers to economic and social development; strengthening legislative interpretation to clarify the meaning of legal provisions and the basis for their application, thereby fostering accurate understanding and effective implementation of the law; promoting the codification of legal norms and the systematization of legal institutions; conducting periodic and sector-specific reviews of existing laws to ensure internal harmony and unity within the legal system; and granting authorization for pilot programs and "trial runs" to support and drive reform in relevant sectors—among other measures. By further expanding the scope of the rule of law, we can better leverage its positive role in dismantling institutional barriers and consolidating the achievements of reform.
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. It is imperative to strengthen legislation specifically addressing the various obstacles hindering the construction of a unified national market. This entails regulating the economic promotional activities of local governments, refining the rules governing the rectification of undue government interference in market competition, dismantling local protectionist barriers and market fragmentation, and eliminating industry-specific barriers. Such measures will provide institutional guarantees for optimizing resource allocation, expanding domestic demand, and mitigating the adverse effects of homogenized competition. Through legislative means, we must intensify the governance of "involuted" competition—characterized by excessive, low-value rivalry—and regulate corporate conduct regarding market access and pricing strategies. By delineating the boundaries of competition, reinforcing institutional constraints, and refining incentive structures, sound legislation can establish a fundamental order for fair competition. Specifically, laws should explicitly prohibit behaviors that distort market mechanisms—such as predatory pricing, malicious subsidies, exclusive dealing arrangements, monopolization of digital traffic, and platform-imposed "forced exclusivity" requirements—thereby preventing disorderly competition from stifling the growth and survival of high-quality products. Furthermore, by focusing on the bottlenecks that constrain and impact the business environment, we must strengthen legislation pertaining to the administrative, market, and open-economy spheres. This ensures that all types of market entities enjoy equal access to production factors, participate fairly in market competition, and receive equal legal protection in accordance with the law. Legislation should also serve to institutionalize the achievements of administrative streamlining, regulation, and service optimization reforms—specifically by codifying systems such as "one-stop online processing," inter-provincial administrative coordination, parallel review procedures, and notice-and-commitment mechanisms—thereby reducing systemic transaction costs. Finally, we must refine market exit mechanisms—such as market-oriented restructuring and simplified deregistration procedures—to establish a comprehensive legal framework that provides protection throughout the entire lifecycle of a business, from market entry and operation to eventual exit.
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. For instance, regarding concrete issues such as medical services, elderly care services, and the prevention and control of noise pollution, we can employ "small-cut" legislation—targeted, specific legislative interventions—to meticulously resolve the practical difficulties faced by the public. We must also strengthen legislation by paying close attention to the diverse needs of different social groups, ensuring that rights and interests are protected more equitably, institutional provisions are more inclusive, and regulatory frameworks are designed with greater humanistic sensitivity. For example, concerning the protection of rights and interests for workers in new forms of employment—such as food delivery couriers and ride-hailing drivers—we can refine existing legislation to further resolve critical pain points, such as the precise definition of employment relationships and the regulation of platform algorithms, thereby establishing a clear baseline for the protection of their legitimate rights and interests. We will further expand the orderly participation of the public in the legislative process, thereby better heeding the voices of the people and reflecting their will. We will uphold and refine mechanisms such as public solicitation of comments on draft laws and regulations, legislative hearings, expert consultations, and forums. We will unblock and broaden channels—such as grassroots legislative contact points—and explore and innovate new platforms and formats, including social media and live streaming, to enable the general public to participate more conveniently and express their views more fully.
We will safeguard high-level opening up through scientific legislation. Adhering to the principle of "legislation first"—and employing a comprehensive approach that encompasses the enactment, amendment, repeal, and interpretation of laws—we will establish a systematic and complete legal and regulatory framework governing foreign-related matters. We will refine the rules governing foreign-related civil, commercial, economic and trade, customs, financial, and data security domains; promote better alignment between domestic laws and prevailing international norms; and foster a stable, transparent, and predictable rule-of-law environment. 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. In response to actions by certain countries—such as the arbitrary imposition of unilateral sanctions, gross interference in the internal affairs of other nations, and the abusive exercise of extraterritorial jurisdiction through domestic laws—we will, in accordance with the principle of addressing urgent needs first, further refine our laws and regulations regarding countermeasures against sanctions, interference, and "long-arm jurisdiction." By enriching our "legal toolbox" for foreign-related matters, we will construct a robust legal bulwark to safeguard national interests as well as the legitimate rights and interests of our enterprises and citizens, thereby effectively upholding our country's sovereignty, security, and development interests.
Author: Dean and Professor, School of Law, Minzu University of China
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