Order and Progression -- A Research Report on Rule of Law in China's Primary Stage of Socialism

Author: Hao Tiechuan
Publisher:
Publish Date: 2004-01-15
Features: This research report is divided into nine parts: The "Introduction" section elaborates on the motivation for writing this report and its main conclusions. The author argues that in recent years, research on the rule of law in China's academia has two shortcomings: first, it overlooks the phased nature of the rule of law in China's primary stage of socialism; second, it ignores the particularity of the rule of law in China's primary stage of socialism. Through preliminary research, the author concludes that the characteristic of China's rule-of-law process is gradual, and the particularity of China's rule of law cannot be separated from the leadership of the Communist Party of China (CPC). With the CPC's leadership, there can be the prerequisite for the rule of law—a stable social order. Order and gradualism are the main features of the rule of law in China's primary stage of socialism and are key to ensuring the normal progress of this great cause. This is the basic conclusion the author draws after researching the rule of law in China.
Chapter 1: The Gradual Nature of the Rule of Law in China
This chapter argues that China's rule of law must take a gradual path by examining China's current level of socio-economic development, socio-cultural development, and social transformation.
Chapter 2: The Heterogeneous Pattern of Rights Realization
By examining the historical realization of citizens' rights in China and Western countries, this chapter demonstrates that the realization of rights is uneven, the subjects of rights are gradually expanding, and the realization of different types of rights is also gradual. The fundamental reason for this heterogeneous pattern of rights realization is the uneven socio-economic development, which leads to differences in the wealth people possess. It reflects the conflict between a market economy that values disparities and modern rule of law that emphasizes equality.
Chapter 3: A Comparative Study of the CPC and Western Governing Parties
This chapter argues that the CPC differs from Western governing parties in four aspects: first, in the way they gain power—CPC is an external party (revolutionary party), while Western governing parties are internal parties (electoral parties); second, in the way they hold power—CPC is a comprehensive governing party, while Western governing parties are partial governing parties; third, in the way they integrate society—CPC is an authoritative party, while Western governing parties are power-oriented parties; fourth, in their inter-party relationships—CPC is a cooperative party, while Western governing parties are competitive parties. These four differences can be summarized briefly as one point: the CPC is a leading party, not just a governing party in the general sense, while Western governing parties do not possess the attributes of a leading party.
Chapter 4: The Organic Unity of CPC Leadership, People's Sovereignty, and the Rule of Law
This chapter discusses how the leadership of the CPC, people's sovereignty, and the rule of law are mutually reinforcing and inseparable. Among the three, adhering to, reforming, and improving CPC leadership is key. It is essential to enhance the CPC's ability to govern through democracy and the law in practice.
Chapter 5: The CPC's Approach to Governing by "Grasping the Overall Situation and Coordinating All Parties"
Taking Shanghai as an example, this chapter elaborates on the specific content of the CPC's approach to "grasping the overall situation and coordinating all parties" and several issues that require further exploration.
Chapter 6: Strong Parties, Small Governments, and a Large Society
This chapter discusses the content and characteristics of China's civic society, pointing out that the withdrawal of the government from society and the entry of CPC organizations into society are the defining features of China's civic society. The entry of CPC organizations into various social organizations and the development of these organizations are parallel processes.
Chapter 7: The Division of Functions and Powers Between the Central and Local Governments
This chapter discusses the different functions of the central and local governments and their respective powers in terms of administrative and financial authority. It highlights that the establishment of public finance is a gradual process, and the principle of moderately concentrating financial power and decentralizing administrative power is currently the key to handling the relationship between the central and local governments in China.
Chapter 8: Rule of Law and Rule of Morality
This chapter discusses the necessity of combining the rule of law with the rule of morality and the pathways for their integration. It emphasizes that the rule of morality will not undermine or replace the rule of law, and that the rule of morality is not a revival of traditional "rule by man" ideology.