Reflection and Prospects on Democracy and Rule of Law

Author: Luo Yaopei
Publisher:
Publish Date: 2004-03-01
Features: In our research on building a rule-of-law state, we must emphasize the importance of、 (narrow, formal rule of law) while also studying the (substantive, subject-oriented rule of law). We should not underestimate early theories that advocated for narrow interpretations of the rule of law. We must respect the universality, predictability, normativity, stability, authority, and other aspects of law. This applies to both common law and civil law systems. At the same time, we must recognize the development of things and historical lessons, paying close attention to the substantive content of the rule of law. In the 21st century, we must acknowledge the global trend toward democracy, the trend of reform and opening up, and the practice of the current constitution. We must grasp the core content of institutionalizing and legalizing socialist democratic politics. This means not only focusing on the adherence to and authority of law but also paying attention to whether the law safeguards people's sovereignty and whether it benefits the construction of socialist modernization. In short, it means advancing the concept of "rule of law" to the higher realm of "constitutional governance."
Therefore, the author considers that we should comprehensively build a socialist rule-of-law system with Chinese characteristics by adhering to and implementing fundamental principles such as "popular sovereignty," "protection of citizens' rights," "scientific division and limitation of state power," "judicial independence," and "the great authority of the constitution and laws." We firmly believe that as long as we have a clear understanding of the situation, strong determination, the right direction, and appropriate methods, the Chinese people will, in the near future, build a new socialist rule-of-law state that stands tall in the East of the world!