Theory of a Rule of Law State

Author: Zhuo Zeyuan
Publisher:
Publish Date: 2003-09-01
Features: After the rule of law was established as a goal for national and social development, it gained widespread recognition in Chinese society. How to achieve the rule of law or how to advance the construction of the rule of law has become an extremely important practical task for us. In the construction of the rule of law, facing vague slogans about the rule of law and authoritarian practices disguised as rule-of-law initiatives, some scholars wisely proposed the concept of "concrete rule of law." I greatly appreciate the proposal of this concept and fully endorse its practical significance. The "concrete rule of law" advocated by concrete rule of law aligns with what I endorse as well; the hollow "declarations" and the "grand and lofty rule of law" detached from concrete rule of law are neither the essence of the rule of law nor what I oppose. However, after reflecting on the development of the rule of law, I have a new concern: under the banner of concrete rule of law, the overall integrity of the rule of law may be intentionally or unintentionally overlooked, and the necessary attention to its holistic optimization may not be given. This certainly is not the original intention of those who advocate concrete rule of law. But if that is the case, we would also be making a historic mistake. This kind of mistake would also be something the proponents of concrete rule of law would be unhappy to see. Clearly, the holistic rule of law I advocate is not the "grand and lofty rule of law" but refers to viewing the rule of law from a holistic perspective, recognizing the internal structure, external connections, and developmental process of law as a whole, and using this understanding to guide the comprehensive and progressive development of the rule of law construction, ensuring that the development of the rule of law is all-encompassing. Holistic rule of law and concrete rule of law are understandings of the rule of law in different contexts and do not have a distinction between right and wrong. Both are equally indispensable. We should combine concrete rule of law with holistic rule of law to ensure the rule of law develops in a balanced way. For this purpose, I intend to articulate my views on the holistic nature of the rule of law in writing, seeking advice from my peers in the legal field, and hoping to supplement concrete rule of law, coexist with it, and proceed alongside it, thereby contributing to the practical construction of the rule of law.