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In its April 2026 Edition, the CPC's theoretical Journal, 《求是》[Qiushi], published an interesting essay on the relationship between Leninist New Era principles of Socialist Rule of Law and the Communist Party of China (CPC). It was authored by 付子堂 [Fu Zitang], Researcher at the Southwest University of Political Science and Law Branch of the Chongqing Research Center for the Theoretical System of Socialism with Chinese Characteristics [重庆市中国特色社会主义理论体系研究中心西南政法大学分中心研究员]. Entitled the article 体系化学理化研究阐释 | 法治之魂论 ——学习习近平法治思想关于法治根本保证论述 [Fu Zitang, A Systematic Theoretical Exposition: On the Soul of the Rule of Law — Studying Xi Jinping Thought on the Rule of Law regarding the fundamental guarantee for the rule of law] argues that Socialist rule of law is inextricably intertwined with and an expression of the fundamental constitutive role of the CPC in and as a part of its expression in the CPC's fundamental political line.
That is how the essay starts, though more poetically: "The leadership of the Party is the soul of the rule of law under socialism with Chinese characteristics and the fundamental guarantee for advancing the comprehensive rule of law in China." [党的领导是中国特色社会主义法治之魂，是推进全面依法治国的根本保证。]. This in turn is grounded in a synthesis of the “十二个坚持” [12 Principles of the Rule of Law] developed under the leadership of General Secretary Xi Jinping, expanded from the previous "十一个坚持" (11 Principles) following revisions published in the 习近平法治思想学习纲要（2025年版） by the Central Committee of the CCP.
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1. Uphold Party leadership: Persist in the Party's centralized and unified leadership over all-around law-based governance.
2. Put the people first: Adhere to building the rule of law for and relying on the people, and protect human rights.
3. Adhere to the socialist path: Maintain the path of socialist rule of law with Chinese characteristics.
4. Constitution-based governance: Uphold governance and the exercise of state power in accordance with the Constitution.
5. Legal modernization: Persist in comprehensively building a modern socialist country on the track of the rule of law.
6. Build the rule of law system: Persist in constructing a socialist rule of law system with Chinese characteristics.
7. Integrated development: Coordinated progress in law-based governance, exercise of state power, and government administration; and the integrated construction of a rule of law country, government, and society.
8. Comprehensive advancement: Promote scientific legislation, strict law enforcement, impartial administration of justice, and observance of the law by all.
9. Coordinate domestic and foreign rule of law: Balance and coordinate progress in both domestic law and foreign-related rule of law.
10. Foster a high-quality team: Build a professional legal work team with both political integrity and professional competence.
11. The "key minority": Grasp the leading cadres at various levels, ensuring they play a leading and exemplary role in abiding by and using the law.
12. Unification of governance and Party discipline: Persist in organically unifying the rule of law with the rule of the Party, linking the governing of the country with the strict governing of the Party. (学习资料 | 习近平法治思想).
What follows?
I. Historical-Teleological Legitimacy and the State Matrix
Fu’s essay constructs a tripartite framework—historical, jurisprudential, and practical—to rationalize the absolute primacy of the Communist Party of China (CPC) within the domestic legal order. This structural approach directly aligns with what Backer conceptualizes as the "dual-constitution" model of the Chinese party-state, wherein the vanguard party acts as the pre-legal sovereign whose authority precedes and shapes the formal state apparatus (Backer, 2012).
A. Historical Teleology vs. Legal Transplants. Fu rejects the assumption that legal systems develop organically through pluralistic civic evolution, arguing instead that the rule of law under socialism (Fazhi) is an intentional construction generated by the political vanguard. He frames Western liberal-democratic models as historically incompatible with Chinese state-building: "Since modern times, various visionary figures attempted to transplant Western models of the rule of law, but these efforts invariably failed due to the lack of a strong leadership core, as well as factors such as incompatibility with local conditions, social turmoil, and external interference." [近代以来，一些仁人志士曾尝试移植西方法治模式，但因缺乏强有力的领导核心，加之水土不服、社会动荡和外部干预等因素影响，均以失败告终。]
From a comparative perspective, this historical teleology justifies the necessity of the Party not merely as a political actor, but as the indispensable architect of the state apparatus: "History has eloquently demonstrated that without the leadership of the
CPC, there would be no development or progress in China's rule-of-law endeavors; a socialist rule-of-law state could not be built,
and comprehensive law-based governance could not be effectively
advanced." [历史雄辩地证明，没有中国共产党的领导，就没有中国法治事业的发展进步，社会主义法治国家就建不起来，全面依法治国就难以有效推进。] The emphasis is on the characterization of the CPC is a "constitutionalized vanguard" whose legitimacy is historically derived rather than exogenously validated through mechanical electoral loops (Backer, 2022).
B. The Jurisprudential Basis of Sovereign Priority. Addressing the foundational legal mechanics of the state, Fu clarifies the sequence of constitutional legitimacy. The State Constitution does not generate the authority of the vanguard Party; rather, it formally codifies a sovereign status achieved prior to the document's drafting. Citing Xi Jinping, Fu notes: "Our Constitution, in the form of a fundamental law, reflects the achievements the Party has led the people to attain through revolution, development, and reform, and it affirms the leadership status of the CPC—a status established through the choices made by history and the people."
Consequently, the Party's authority cannot be subordinated to the Constitution because the Constitution is the legal expression of the Party's historical victory. Fu codifies this structural reality by asserting that "[a]ny attempt to deny the leadership of the CPC under any pretext constitutes a fundamental violation of the Constitution." This validates Backer’s assertion that under Chinese party-state constitutionalism, the written state constitution represents an administrative framework overseen by a political authority operating outside and above it (Backer & Wang, 2014).
II. The Dialectic of the "Party-Law" Relationship
A significant portion of the essay addresses the domestic theoretical tension regarding the supremacy of the Party versus the law. The text categorizes the Western formulation of this conflict as a systemic incompatibility with the Marxist-Leninist framework, resolving the apparent contradiction through a strict institutional bifurcation.
A. Rejecting the Separation of Powers. Fu systematically deconstructs Western liberal frameworks, categorizing the desire for an autonomous legal sphere as an ideological subversion of the party-state architecture:
"Some people have blindly worshipped the Western model of the 'separation of powers,' one-sidedly emphasizing the so-called 'purity' of legislation, law enforcement, and judicial work, and stressing a supposed 'opposition' between judicial independence and Party leadership... In essence, they aim to sever the link between Party leadership and the rule of law and set them against each other..."This analytical rejection demonstrates Backer's thesis that the Chinese system consciously substitutes a horizontal separation of powers with a vertical distribution of functional authority, privileging unified party leadership over institutional fragmentation (Backer, 2012).
B. Institutional Whole vs. Administrative Actors. To resolve the question of "whether the Party is greater than the law or the law is greater than the Party," Fu labels the inquiry a "political trap and a pseudo-proposition." He achieves this by differentiating between the Party as a supreme institutional collective and the Party's individual administrative agents. Regarding the institutional collective, the Party and the law are perfectly unified; the law serves to institutionalize Party policy. Conversely, individual cadres and local state organs act as subordinate actors strictly bound by statutory limits, a mechanism designed to prevent local administrative deviation and corruption.
General Secretary Xi Jinping has unequivocally pointed out that "the question of 'whether the Party is greater than the law or the law is greater than the Party' is a political trap and a pseudo-proposition." The assertion that no such issue exists refers to the Party as a governing whole—specifically, to the Party's governing status and leadership position, both of which are affirmed by the Constitution. Every Party and government organization, as well as every leading official, must submit to and abide by the Constitution and the law; they must not place the Party above the law or use Party leadership as a shield to substitute their words for the law, override the law with power, or bend the law for personal gain. []习近平总书记旗帜鲜明地指出，“‘党大还是法大’是一个政治陷阱，是一个伪命题”。之所以说不存在“党大还是法大”的问题，是把党作为一个执政整体而言的，是指党的执政地位和领导地位而言的，这是宪法确认的。具体到每个党政组织、每个领导干部，都必须服从和遵守宪法法律，不能以党自居，不能把党的领导作为个人以言代法、以权压法、徇私枉法的挡箭牌。This dual distinction aligns precisely a tracking of Socialist Rule of Law as a mechanism for bureaucratic discipline (Backer, 2006). The law does not function to constrain the sovereign author (the central Party leadership); it functions as an objective system to control and align peripheral state and local party actors with central mandates.
III. Institutional Integration and Governance Technologies
The final section of the essay focuses on the structural mechanisms through which New Era theory is institutionalized, emphasizing the standardization of Party authority over arbitrary personal rule.
A. Centralized Coordination Mechanics. In an integrated party-state model, bureaucratic fragmentation poses a direct threat to centralized political will. Fu highlights the creation of specialized institutional hubs designed to ensure legislative and administrative activities function as coordinated components of a single national strategy:
"To break new ground in building the rule of law in China, we must uphold and strengthen the Central Committee’s overall coordination of reforms in the legal sphere, ensure more vigorous implementation of the Central Committee’s decisions and plans, and coordinate the development of a socialist rule-of-law system with Chinese characteristics and a rule-of-law state." [推进法治中国建设开创新局面，必须坚持和加强中央层面对法治领域改革的统筹协调，更加有力推动党中央决策部署贯彻落实，协调推进中国特色社会主义法治体系和法治国家建设。]This institutional configuration perfectly illustrates a conceptualization of the party-state as a coordinated enterprise where the legal system acts as a technology of statecraft to unify administrative outputs under a singular ideological line (Backer, 2012).
B. "Upholding the Party's leadership is not an empty slogan"--The Four-Dimensional Operational System. The essay details the practical operationalization of Party leadership across four state vectors.
(i) Legislation: The Party establishes the mandatory political parameters. Fu illustrates this using geopolitical implementation: "For instance, during the formulation of the Hong Kong National Security Law, faced with national security risks, the Party Central Committee made a decisive decision... [which] fully demonstrated the Party's role in setting the direction and providing oversight for major legislative work."
(ii/iii) Judiciary and Enforcement: Political alignment is maintained without subsuming daily professional operations. The Party "focuses on direction, policy, principles, and personnel management rather than taking over specific operational matters."
(iv) Law Observance: Legal education is utilized as an internal disciplinary technology for cadres, creating a culture where "the entire Party acting within the bounds of the Constitution and the law reflects the Party's high level of self-awareness.
C. The Hierarchy of Intra-Party Regulations (Dangnei Fagu). Aligning with political constitutionalist theory's analysis of the dual-normative system of Chinese law, Fu praises the formalization of intra-party regulations as a mechanism to govern the vanguard itself.
"The *Regulations of the Communist Party of China on Leading Comprehensive Law-based Governance*, reviewed by the Political Bureau of the 20th CPC Central Committee, codify into institutional outcomes the Party’s long-standing decisions, strategic plans, concepts, institutional mechanisms, and successful practices regarding comprehensive law-based governance. These regulations are of great significance for enhancing the Party’s capacity to govern and exercise state power in accordance with the law, and for building a more robust socialist rule-of-law system with Chinese characteristics and a socialist rule-of-law state at a higher level." [二十届中央政治局审议的《中国共产党领导全面依法治国工作条例》，把党长期以来领导全面依法治国工作的决策部署、思路理念、体制机制和成功实践转化为制度成果， 对提高党依法治国、依法执政能力，建设更加完善的中国特色社会主义法治体系、建设更高水平的社会主义法治国家具有重要意义。]By legalizing the methods by which the Party interacts with state organs, New Era theory has built a cage of regulation in the form of socialist rule of law that replaces informal political influence as a driving force of administration with a highly structured, rule-based party-state framework, fulfilling the imperative to "advance all aspects of comprehensive law-based governance through the concepts, systems, and procedures of the rule of law." This underscores the argument that the institutionalization of Dangnei Fagu generates a distinct layer of inner-party constitutional jurisprudence that forms the structural prerequisite for governing the broader state apparatus (Backer & Wang, 2014).
References
Backer, L. C. (2006). The Rule of Law, the Chinese Communist Party, and Ideological Campaigns: Sange Daibiao, Socialist Rule of Law, and Modern Chinese Constitutionalism. Journal of Transnational Law & Contemporary Problems, 16(1), 29-102.
Backer, L. C. (2012). Party, People, Government, and State: On Constitutional Values and the Legitimacy of the Chinese State-Party Rule of Law System. Boston University International Law Journal, 30(1), 101-168.
Backer, L. C., & Wang, K. (2014). Extra-Judicial Detention and the Chinese Constitutional Order. Pacific Rim Law & Policy Journal, 23(2), 241-316.
Backer, L. C. (2022). “The Flower of Democracy Blooms Brilliantly in China”: The Chinese Communist Party and the Chinese Constitutional Order. In Routledge Handbook of Constitutional Law in China (pp. 67-84). Routledge.
体系化学理化研究阐释 | 法治之魂论
——学习习近平法治思想关于法治根本保证论述
来源：《求是》2026/04 作者：付子堂 2026-02-16 09:00:00
党的领导是中国特色社会主义法治之魂，是推进全面依法治国的根本保证。2025年11月召开的中央全面依法治国工作会议明确习近平法治思想集中体现为“十二个坚持”，其中第一条就是坚持党对全面依法治国的领导，深刻回答了社会主义法治为什么坚持党的领导、怎样坚持和加强党的领导等重大问题，为新征程上推进全面依法治国指明了前进方向。
一
办好中国的事情，关键在党。党政军民学，东西南北中，党是领导一切的。坚持党的领导是中国人民走上中国特色社会主义法治道路和我国法治事业能够取得巨大成就的根本所在，是社会主义法治不断取得更大成就最根本的保证。
从历史逻辑看，党的领导是实现民族独立、国家发展的根本前提，也是我国社会主义法治建设的一条基本经验。近代以来，一些仁人志士曾尝试移植西方法治模式，但因缺乏强有力的领导核心，加之水土不服、社会动荡和外部干预等因素影响，均以失败告终。实践证明，不是所有的政治力量都能有效整合法治建设所需的社会资源，凝聚社会共识，进而实现良法善治。中国共产党自成立之日起就高度重视法治建设。新民主主义革命时期，我们党在江西中央苏区建立了中华苏维埃共和国，开始了国家制度和法律制度建设的探索。社会主义革命和建设时期，党领导人民制定了一系列重要法律法规，建立起社会主义法制框架体系，确立社会主义司法制度。改革开放和社会主义现代化建设新时期，我们党深刻总结正反两方面经验，确立依法治国基本方略，把建设社会主义法治国家确定为社会主义现代化的重要目标，逐步形成以宪法为核心的中国特色社会主义法律体系。党的十八大以来，以习近平同志为核心的党中央把全面依法治国纳入“四个全面”战略布局予以有力推进，全面依法治国总体格局基本形成，中国特色社会主义法治道路越走越宽广。历史雄辩地证明，没有中国共产党的领导，就没有中国法治事业的发展进步，社会主义法治国家就建不起来，全面依法治国就难以有效推进。
从法理依据看，党的领导地位不是自封的，是由我国宪法明文规定的，集中体现了党和人民的统一意志和共同愿望。习近平总书记深刻指出：“我国宪法以根本法的形式反映了党带领人民进行革命、建设、改革取得的成果，确立了在历史和人民选择中形成的中国共产党的领导地位。”作为国家意志的最高表现形式，宪法确认了党在国家政权结构中总揽全局、协调各方的核心地位，为坚持党的领导、保证党的长期执政提供了根本法律依据。任何人以任何借口否定中国共产党领导，就是从根本上违反宪法。习近平总书记进一步深刻揭示，我国宪法确认了中国共产党的领导地位，这是我国宪法最显著的特征。坚持依宪治国、依宪执政，就包括坚持宪法确定的中国共产党领导地位不动摇。
从现实发展看，全面依法治国能够有效推进，根本的一条就是我们始终坚持党的领导。习近平总书记分析中国特色社会主义国家制度和法律制度在实践中彰显的巨大优势时，特别强调坚持党的领导这一优势，深刻指出，“正是因为始终在党的领导下，集中力量办大事，国家统一有效组织各项事业、开展各项工作，才能成功应对一系列重大风险挑战、克服无数艰难险阻，始终沿着正确方向稳步前进”。党总揽全局、协调各方，人大、政府、政协、监察机关、审判机关、检察机关等在党的统一领导下，各就其位、各司其职、各尽其责、有序协同，形成了政令统一、运行顺畅、执行高效、充满活力的全面依法治国领导体制和组织机制，汇聚起全面依法治国的磅礴力量。
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党和法的关系问题是中国法治理论的中心议题，是法治建设必须回应的根本性问题。在理论界和实践中，对于这一问题一度存在模糊甚至错误的认识。习近平总书记指出，“党和法的关系是一个根本问题，处理得好，则法治兴、党兴、国家兴；处理得不好，则法治衰、党衰、国家衰”，“党和法、党的领导和依法治国是高度统一的”。深刻揭示党和法的关系与国家命运的内在关联，阐明如何科学理解与正确处理党和法的关系，是习近平法治思想的重大理论创新。
廓清了“党大还是法大”的错误认识。改革开放以来，西方一些法律观念传入我国，一些人盲目迷信西方“三权鼎立”模式，片面强调立法、执法、司法的所谓“纯粹性”，片面强调司法独立与党的领导的所谓“对立”，在舆论场上制造“党大还是法大”的二元对立。这种观点在逻辑上预设了党与法是两个此消彼长、相互排斥的主体，实质是意图把党的领导和法治割裂开来、对立起来，最终达到否定党的领导，否定中国特色社会主义制度的目的。这在思想上是错误的，在政治上是危险的。习近平总书记旗帜鲜明地指出，“‘党大还是法大’是一个政治陷阱，是一个伪命题”。之所以说不存在“党大还是法大”的问题，是把党作为一个执政整体而言的，是指党的执政地位和领导地位而言的，这是宪法确认的。具体到每个党政组织、每个领导干部，都必须服从和遵守宪法法律，不能以党自居，不能把党的领导作为个人以言代法、以权压法、徇私枉法的挡箭牌。“党大还是法大”的提问方式，不仅不可能得出正确的答案，还会落入别有用心之人刻意挖好的政治陷阱。习近平总书记关于党和法的关系的重要论述，为坚持和加强党对全面依法治国的领导，确保中国特色社会主义法治建设行稳致远提供了遵循。
明确了党的领导是中国特色社会主义法治最本质的特征。党的领导是中国特色社会主义最本质的特征，是中国特色社会主义制度的最大优势，是社会主义法治最根本的保证。习近平总书记深刻指出，党的领导是我们的法治同西方资本主义国家的法治最大的区别。从经济基础看，西方资本主义国家的法治，本质是建立在资产阶级私有制基础之上、维护资本统治的工具，其政党政治往往沦为利益集团博弈的场域。而我国社会主义法治，建立在以公有制为主体、多种所有制经济共同发展的经济基础之上，维护的是最广大人民根本利益，党作为最广大人民根本利益的忠实代表，其领导地位与法治的价值追求具有高度一致性。从制度效能看，西方资产阶级政党轮流执政带来的政策摇摆，易造成法律体系的断裂与法律实施的偏差，使法律的稳定性、权威性大打折扣。而我国坚持党的集中统一领导，为社会主义法治建设锚定了根本方向、提供了坚实保证。
揭示了党的领导和社会主义法治的内在统一性。习近平总书记指出，“党的领导和社会主义法治是一致的，社会主义法治必须坚持党的领导，党的领导必须依靠社会主义法治”。党领导人民制定宪法法律，党领导人民实施宪法法律，党自身必须在宪法法律范围内活动。把坚持党的领导、人民当家作主、依法治国有机统一起来，是我国社会主义法治建设的一条基本经验。一方面，社会主义法治必须坚持党的领导。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。另一方面，党的领导必须依靠社会主义法治。我们党是世界最大的执政党，领导着一个14亿多人口的世界大国，要掌好权、执好政，更好把全体人民组织起来、动员起来，必须坚持全面依法治国。
三
坚持和加强党对全面依法治国的领导，是统筹整合各方面资源和力量推进现代化建设、保证党和国家长治久安的内在要求。习近平总书记对如何将党的领导制度化、法治化、规范化，健全党领导全面依法治国的制度和工作机制等问题作出深入阐述，为在党的领导下建设更高水平的社会主义法治国家提供了科学指引。
加强党中央对法治中国建设的集中统一领导。坚持党的领导，首先是坚持党中央集中统一领导。新时代以来，党中央组建中央全面依法治国委员会，统筹推进全面依法治国工作。习近平总书记强调，委员会要管宏观、谋全局、抓大事，既要破解当下突出问题，又要谋划长远工作。组织机构设置的创新，解决了法治建设中多头管理、分散着力、协调不力等问题。例如，在涉及跨部门、跨领域的立法协调，处理重大疑难复杂的案件统筹时，中央全面依法治国委员会发挥着“定海神针”的作用。推进法治中国建设开创新局面，必须坚持和加强中央层面对法治领域改革的统筹协调，更加有力推动党中央决策部署贯彻落实，协调推进中国特色社会主义法治体系和法治国家建设。
把党的领导贯彻落实到全面依法治国全过程各方面。习近平总书记指出，“坚持党的领导，不是一句空的口号，必须具体体现在党领导立法、保证执法、支持司法、带头守法上”，“领导干部具体行使党的执政权和国家立法权、行政权、监察权、司法权，是全面依法治国的关键”。在立法层面，党领导立法并非是党包办具体的立法工作，而是领导把牢立法的政治方向。例如，在制定香港国安法过程中，面对国家安全风险，党中央果断决策，全国人大常委会迅速立法，填补了法律空白，有效维护了国家主权、安全、发展利益，充分体现了党对重大立法工作的定向把关作用。在执法层面，一方面，通过为执法者营造依法履职、权责清晰、保障有力的工作环境，保证执法机关依法执法；另一方面，通过统筹开展执法专项行动、执法规范化建设、执法工作考核，保证执法机关严格规范公正文明执法。在司法层面，党的领导是管方向、管政策、管原则、管干部的，不包办具体事务，领导干部不能借党对政法工作的领导之名，对司法机关工作进行不当干预。在守法层面，全党在宪法法律范围内活动，是我们党的高度自觉，也是坚持党的领导的具体体现。党的十八大以来，中央政治局多次组织以法治为主题的集体学习，要求党的领导干部做尊法学法守法用法的模范，各级党委重视法治培训、完善学法制度、提升干部法治素养，营造办事依法、遇事找法、解决问题用法、化解矛盾靠法的良好社会氛围。坚持和加强党的领导，关键是做到在立法、执法、司法、守法等各个环节都把党的领导作为政治灵魂、首要原则、根本保证。
推进党的领导制度化、法治化、规范化。正确处理党的政策和国家法律的关系，要善于通过法定程序使党的主张成为国家意志、形成法律，通过法律保障党的政策有效实施。二十届中央政治局审议的《中国共产党领导全面依法治国工作条例》，把党长期以来领导全面依法治国工作的决策部署、思路理念、体制机制和成功实践转化为制度成果，对提高党依法治国、依法执政能力，建设更加完善的中国特色社会主义法治体系、建设更高水平的社会主义法治国家具有重要意义。制度与规范发挥作用，关键在执行。贯彻落实习近平法治思想，必须不断改进党的领导方式和执政方式，提高党领导依法治国的能力和水平，把党总揽全局、协调各方同人大机关、行政机关、政协机关、监察机关、审判机关、检察机关依法依章程履行职能、开展工作统一起来，把党领导人民制定和实施宪法法律同党坚持在宪法法律范围内活动统一起来，以法治的理念、法治的体制、法治的程序，守正创新、稳中求进做好全面依法治国各项工作。
作者：重庆市中国特色社会主义理论体系研究中心西南政法大学分中心研究员
A Systematic Theoretical Exposition: On the Soul of the Rule of Law
— Studying Xi Jinping Thought on the Rule of Law regarding the fundamental guarantee for the rule of law
Source: *Qiushi* (April 2026 issue) | Author: Fu Zitang | February 16, 2026
The leadership of the Party is the soul of the rule of law under socialism with Chinese characteristics and the fundamental guarantee for advancing the comprehensive rule of law in China. The Central Conference on Work Relating to Overall Law-based Governance, held in November 2025, clarified that Xi Jinping Thought on the Rule of Law is encapsulated in the "Twelve Musts." The first of these is upholding the Party's leadership over the comprehensive rule of law. This principle profoundly addresses major questions—such as why socialist rule of law requires Party leadership and how to uphold and strengthen that leadership—thereby charting the course for advancing the comprehensive rule of law on the new journey ahead.
I
The key to success in China's endeavors lies in the Party. Across the Party, the government, the military, society, and the education sector—and across every region of the country—the Party exercises overall leadership. Upholding the Party's leadership is the fundamental reason why the Chinese people have embarked on the path of the rule of law under socialism with Chinese characteristics and why our country's rule-of-law endeavors have achieved such tremendous success; it is the ultimate guarantee for the socialist rule of law to attain ever-greater achievements.
From the perspective of historical logic, Party leadership is the fundamental prerequisite for achieving national independence and state development, as well as a basic lesson learned from the development of our country's socialist rule of law. Since modern times, various visionary figures attempted to transplant Western models of the rule of law, but these efforts invariably failed due to the lack of a strong leadership core, as well as factors such as incompatibility with local conditions, social turmoil, and external interference. Practice has proven that not all political forces are capable of effectively integrating the social resources required for building the rule of law, forging social consensus, and ultimately achieving sound laws and good governance. Since its founding, the Communist Party of China has attached great importance to the development of the rule of law. During the New Democratic Revolution, the Party established the Chinese Soviet Republic in the Central Soviet Area of Jiangxi, initiating explorations into the construction of state and legal systems. During the period of socialist revolution and construction, the Party led the people in formulating a series of important laws and regulations, establishing a framework for the socialist legal system, and instituting the socialist judicial system. During the new era of reform, opening up, and socialist modernization, our Party drew profound lessons from both positive and negative experiences, established the fundamental strategy of governing the country according to the law, designated the building of a socialist rule-of-law state as a key objective of socialist modernization, and gradually developed a system of socialist laws with Chinese characteristics, with the Constitution at its core. Since the 18th National Congress of the Communist Party of China (CPC), the Party Central Committee with Comrade Xi Jinping at its core has vigorously advanced comprehensive law-based governance as part of the "Four-Pronged Comprehensive Strategy." An overall framework for comprehensive law-based governance has essentially taken shape, and the path of socialist rule of law with Chinese characteristics has become increasingly broad. History has eloquently demonstrated that without the leadership of the CPC, there would be no development or progress in my country's rule-of-law endeavors; a socialist rule-of-law state could not be built, and comprehensive law-based governance could not be effectively advanced.
From a jurisprudential perspective, the Party's leadership status is not self-proclaimed; it is explicitly enshrined in our Constitution and embodies the unified will and shared aspirations of both the Party and the people. General Secretary Xi Jinping has profoundly noted: "Our Constitution, in the form of a fundamental law, reflects the achievements the Party has led the people to attain through revolution, development, and reform, and it affirms the leadership status of the CPC—a status established through the choices made by history and the people." As the supreme expression of state will, the Constitution affirms the Party's core position—exercising overall leadership and coordinating all sectors—within the state power structure, thereby providing the fundamental legal basis for upholding Party leadership and ensuring the Party's long-term governance. Any attempt to deny the leadership of the CPC under any pretext constitutes a fundamental violation of the Constitution. General Secretary Xi Jinping has further elucidated that the affirmation of the CPC's leadership status is the most distinctive feature of my country's Constitution. Upholding governance and administration based on the Constitution entails, above all, steadfastly upholding the leadership status of the CPC as established by the Constitution.
From the perspective of practical development, the fundamental reason why comprehensive law-based governance can be effectively advanced is our unwavering adherence to Party leadership. When analyzing the immense strengths demonstrated in practice by China's socialist state and legal systems, General Secretary Xi Jinping has placed special emphasis on the strength of Party leadership. He has profoundly observed: "It is precisely because we have consistently operated under the Party's leadership—pooling our strength to accomplish major tasks and enabling the state to effectively organize various undertakings and activities—that we have been able to successfully meet a series of major risks and challenges, overcome countless hardships and obstacles, and steadily advance in the right direction." The Party exercises overall leadership and coordinates the efforts of all sectors. Under the unified leadership of the Party, the people's congresses, governments, committees of the Chinese People's Political Consultative Conference (CPPCC), supervisory commissions, people's courts, and people's procuratorates each perform their respective functions and fulfill their duties in an orderly and coordinated manner. This has created a leadership system and organizational mechanism for comprehensively advancing the rule of law that ensures unified governance, smooth operation, efficient execution, and dynamic vitality, thereby pooling immense strength for the comprehensive advancement of the rule of law.
II
The relationship between the Party and the law is a central element in the theory of the rule of law in China and a fundamental issue that must be addressed in building the rule of law. In both theoretical circles and practical work, there were once vague or even erroneous understandings of this issue. General Secretary Xi Jinping has pointed out that "the relationship between the Party and the law is a fundamental issue; if handled well, the rule of law, the Party, and the country will all flourish; if handled poorly, they will all decline," and that "the Party and the law—as well as Party leadership and the rule of law—are highly unified." Deeply revealing the intrinsic link between the relationship of the Party and the law and the destiny of the nation, and clarifying how to scientifically understand and correctly handle this relationship, constitute a major theoretical innovation of Xi Jinping Thought on the Rule of Law.
It has clarified the erroneous notion regarding the question of "which is greater: the Party or the law?" Since the launch of reform and opening up, certain Western legal concepts have entered China. Some people have blindly worshipped the Western model of the "separation of powers," one-sidedly emphasizing the so-called "purity" of legislation, law enforcement, and judicial work, and stressing a supposed "opposition" between judicial independence and Party leadership, thereby creating a false dichotomy in public discourse over "whether the Party is greater than the law or the law is greater than the Party." Such views logically presuppose that the Party and the law are mutually exclusive entities locked in a zero-sum game; in essence, they aim to sever the link between Party leadership and the rule of law and set them against each other, ultimately seeking to negate Party leadership and the system of socialism with Chinese characteristics. This is ideologically wrong and politically dangerous. General Secretary Xi Jinping has unequivocally pointed out that "the question of 'whether the Party is greater than the law or the law is greater than the Party' is a political trap and a pseudo-proposition." The assertion that no such issue exists refers to the Party as a governing whole—specifically, to the Party's governing status and leadership position, both of which are affirmed by the Constitution. Every Party and government organization, as well as every leading official, must submit to and abide by the Constitution and the law; they must not place the Party above the law or use Party leadership as a shield to substitute their words for the law, override the law with power, or bend the law for personal gain. Framing the issue as a question of "which is greater—the Party or the law" not only fails to yield a correct answer but also leads one into political traps deliberately set by those with ulterior motives. General Secretary Xi Jinping’s important expositions on the relationship between the Party and the law provide the guiding principles for upholding and strengthening the Party’s leadership over the comprehensive rule of law and for ensuring the steady, long-term progress of the rule of law under socialism with Chinese characteristics.
The essential nature of Party leadership within the rule of law under socialism with Chinese characteristics has been clearly defined. Party leadership is the defining feature of socialism with Chinese characteristics, the greatest strength of the socialist system with Chinese characteristics, and the fundamental guarantee for the rule of law under socialism. General Secretary Xi Jinping has profoundly pointed out that Party leadership constitutes the primary distinction between our rule of law and that of Western capitalist nations. In terms of the economic base, the rule of law in Western capitalist countries is essentially rooted in bourgeois private ownership and serves as a tool to uphold the rule of capital; their party politics often devolve into arenas for power struggles among interest groups. In contrast, my country’s socialist rule of law is grounded in an economic system where public ownership plays the dominant role alongside the common development of diverse forms of ownership; it safeguards the fundamental interests of the overwhelming majority of the people. As the faithful representative of these fundamental interests, the Party’s leadership role is highly consistent with the values and objectives of the rule of law. Regarding institutional effectiveness, the rotation of power among Western bourgeois parties often leads to policy volatility, causing fragmentation in the legal system and deviations in law enforcement, thereby undermining the stability and authority of the law. Conversely, my country’s adherence to the centralized, unified leadership of the Party anchors the fundamental direction of socialist rule of law and provides a solid guarantee for its development.
The intrinsic unity between Party leadership and the socialist rule of law has been revealed. General Secretary Xi Jinping has pointed out, "Party leadership and the socialist rule of law are consistent; the socialist rule of law must uphold Party leadership, and Party leadership must rely on the socialist rule of law." The Party leads the people in formulating the Constitution and laws, leads the people in implementing them, and must itself operate within the bounds of the Constitution and the law. Integrating the leadership of the Party, the position of the people as masters of the country, and the rule of law is a fundamental experience in the development of my country’s socialist rule of law. On the one hand, socialist rule of law must uphold the leadership of the Party. Only by governing the country according to law and strictly enforcing the rule of law under Party leadership can the people’s status as masters of the country be fully realized and the rule of law in state and social life be advanced in an orderly manner. On the other hand, Party leadership must rely on socialist rule of law. As the world’s largest ruling party leading a major nation with a population of over 1.4 billion, our Party must uphold comprehensive law-based governance to exercise power effectively, govern successfully, and better organize and mobilize the entire population.
III
Upholding and strengthening the Party’s leadership over comprehensive law-based governance is an inherent requirement for pooling resources and forces from all quarters to advance modernization and ensure the long-term stability of the Party and the state. General Secretary Xi Jinping has provided in-depth expositions on how to institutionalize, legalize, and standardize Party leadership and how to improve the systems and working mechanisms for Party leadership over comprehensive law-based governance; this has offered scientific guidance for building a socialist rule-of-law state of a higher standard under the Party’s leadership.
Strengthen the centralized, unified leadership of the Party Central Committee over the building of the rule of law in China. Upholding Party leadership means, first and foremost, upholding the centralized, unified leadership of the Party Central Committee. In the new era, the Party Central Committee established the Central Commission for Comprehensive Law-based Governance to coordinate and advance efforts in this area. General Secretary Xi Jinping emphasized that the Commission must focus on the big picture, strategic planning, and major issues, addressing pressing current problems while also planning for long-term objectives. Innovations in organizational structure have resolved issues such as fragmented management, scattered efforts, and poor coordination in the development of the rule of law. For instance, the Central Commission for Comprehensive Law-based Governance plays a stabilizing and anchoring role in coordinating legislation that spans multiple departments and sectors, as well as in overseeing the handling of major, difficult, and complex cases. To break new ground in building the rule of law in China, we must uphold and strengthen the Central Committee’s overall coordination of reforms in the legal sphere, ensure more vigorous implementation of the Central Committee’s decisions and plans, and coordinate the development of a socialist rule-of-law system with Chinese characteristics and a rule-of-law state.
Ensure that Party leadership is implemented throughout the entire process and in every aspect of comprehensive law-based governance. General Secretary Xi Jinping has pointed out that "upholding the Party's leadership is not an empty slogan; it must be concretely reflected in the Party leading legislation, ensuring law enforcement, supporting the judiciary, and taking the lead in abiding by the law," and that "leading officials, who exercise the Party's governing power and the state's powers of legislation, administration, supervision, and justice, are key to comprehensively advancing the rule of law." At the legislative level, Party leadership over legislation does not mean the Party takes over the specific work of drafting laws; rather, it means providing leadership to ensure the correct political direction of legislation. For instance, during the formulation of the Hong Kong National Security Law, faced with national security risks, the Party Central Committee made a decisive decision and the Standing Committee of the National People's Congress rapidly enacted the law. This filled a legal vacuum, effectively safeguarded national sovereignty, security, and development interests, and fully demonstrated the Party's role in setting the direction and providing oversight for major legislative work. At the law enforcement level, on one hand, the Party ensures that law enforcement agencies operate according to the law by creating a working environment characterized by lawful performance of duties, clear powers and responsibilities, and strong safeguards; on the other hand, it ensures strict, standardized, impartial, and civilized law enforcement through measures such as coordinating special enforcement campaigns, standardizing enforcement procedures, and assessing enforcement performance. At the judicial level, Party leadership focuses on direction, policy, principles, and personnel management rather than taking over specific operational matters; leading officials must not use the pretext of Party leadership over political and legal work to improperly interfere with the operations of judicial organs. At the level of law observance, the entire Party acting within the bounds of the Constitution and the law reflects the Party's high level of self-awareness and serves as a concrete manifestation of upholding Party leadership. Since the 18th National Congress, the Political Bureau of the Central Committee has frequently organized group study sessions on the rule of law, requiring leading officials to set an example in respecting, studying, observing, and applying the law. Party committees at all levels have prioritized rule-of-law training, improved systems for studying the law, and enhanced the legal literacy of officials, thereby fostering a social atmosphere where actions are taken in accordance with the law, the law is consulted when issues arise, and the law is used to solve problems and resolve conflicts. Upholding and strengthening Party leadership hinges on ensuring that Party leadership serves as the political soul, the primary principle, and the fundamental guarantee across all stages—legislation, law enforcement, judicial practice, and law observance.
We must advance the institutionalization, legalization, and standardization of Party leadership. We must correctly handle the relationship between Party policies and state laws, skillfully transforming the Party's propositions into the will of the state and into law through statutory procedures, while ensuring the effective implementation of Party policies through the rule of law. The *Regulations of the Communist Party of China on Leading Comprehensive Law-based Governance*, reviewed by the 20th CPC Central Committee Political Bureau, codify the Party’s long-standing decisions, strategic plans, concepts, institutional mechanisms, and successful practices regarding comprehensive law-based governance into institutional outcomes. These regulations are of great significance for enhancing the Party’s capacity to govern the country and exercise power in accordance with the law, as well as for building a more robust socialist rule-of-law system with Chinese characteristics and a socialist rule-of-law state at a higher level. The effectiveness of institutions and norms hinges on their implementation. To implement Xi Jinping Thought on the Rule of Law, we must continuously improve the Party’s methods of leadership and governance, enhance its capacity to lead comprehensive law-based governance, and align the Party’s role in exercising overall leadership and coordinating all sectors with the lawful and charter-compliant performance of duties by the organs of the people's congress, the administration, the CPPCC, the supervisory commission, the people's court, and the people's procuratorate. We must also harmonize the Party’s leadership over the people in enacting and implementing the Constitution and laws with the Party’s own adherence to operating within the bounds of the Constitution and laws. By upholding fundamental principles while breaking new ground and pursuing progress while ensuring stability, we must advance all aspects of comprehensive law-based governance through the concepts, systems, and procedures of the rule of law.
Author: Researcher at the Southwest University of Political Science and Law Branch of the Chongqing Research Center for the Theoretical System of Socialism with Chinese Characteristics.
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