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

Author: Hao Tiechuan
Publisher:
Publish Date: 2004-01-01
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 believes that in recent years, research on the issue of governing the country according to law in Chinese academia has had two shortcomings: first, it overlooks the stage-specific nature of governing the country according to law in China's primary stage of socialism; second, it overlooks the uniqueness of governing the country according to law in China's primary stage of socialism. Through preliminary research, the author concludes that the characteristic of China's process of governing the country according to law is gradual, and the uniqueness of governing the country according to law cannot be separated from the leadership of the Communist Party of China (CPC). Only with the leadership of the CPC can the prerequisite for governing the country according to law—a stable social order—be established. Order and gradualism are the main features of governing the country according to law in China's primary stage of socialism, and they are the key to ensuring the normal progress of this great cause. This is the basic conclusion the author draws after researching the issue of governing the country according to law in China.
Chapter "The Gradual Nature of Governing the Country According to Law in China" argues that China can only adopt a gradual approach to governing the country according to law, based on China's current level of socioeconomic development, social and cultural development, and social transformation.
Chapter "The Differential Hierarchy of Rights Realization" examines the history of citizens' rights realization in China and Western countries, demonstrating that the realization of rights is uneven, the subject of rights gradually expands, and the realization of different types of rights is also gradual. The fundamental reason for this differential hierarchy is the uneven socioeconomic development, which leads to disparities in wealth among people. It reflects the conflict between a market economy that values differences and modern rule of law that emphasizes equality.
Chapter "A Comparative Study of the Communist Party of China and Western Governing Parties" argues that compared to Western governing parties, the CPC has four key differences: first, in terms of how they gain power, the CPC is an external party (revolutionary party), while Western governing parties are internal parties (electoral parties); second, in terms of how they hold power, the CPC is a comprehensive governing party, while Western governing parties are partial governing parties; third, in terms of integrating society, the CPC is an authoritative party, while Western governing parties are power-oriented parties; fourth, in terms of inter-party relations, the 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 an ordinary governing party, while Western governing parties do not possess the attributes of a leading party.
Chapter "The Organic Unity of Adhering to the Party's Leadership, People's Sovereignty, and Governing the Country According to Law" discusses how the leadership of the Party, people's sovereignty, and governing the country according to law are mutually reinforcing and inseparable. Among the three, adhering to, reforming, and improving the Party's leadership is key. It is essential to enhance the Party's ability to govern through democracy and the rule of law in practice.
Chapter "The Party's Approach to Overall Oversight and Coordination" takes Shanghai as an example to elaborate on the specific content of the Party's approach to "overall oversight and coordination of all parties," as well as several issues that require further exploration.
Chapter "Strong Parties, Small Governments, and a Large Society" discusses the content and characteristics of China's civil society, pointing out that the withdrawal of the government from society and the entry of the Party into society are the most distinctive features of China's civil society. The entry of the Party into various social organizations and the development of these organizations are parallel processes.
Chapter "The Division of Functions and Powers Between the Central and Local Governments" discusses the different functions of the central and local governments, as well as their respective powers in terms of administrative and financial matters. 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 the current guideline for handling the relationship between the central and local governments in China.
Chapter "Governing the Country According to Law and Ruling by Virtue" discusses the necessity and pathways for combining governing the country according to law with ruling by virtue. It points out that ruling by virtue will not affect or replace governing the country according to law, and that ruling by virtue is not a revival of the traditional concept of "rule by man."