Shantou Legal Review. Issue 1

Author: Du Gangjian
Publisher:
Publish Date: 2005-06-01
Features: Adhering to a People-Oriented Rule of Law Construction and the Transformation of Nationalist Values – A Review and Outlook of the "Symposium on China's Rule of Law Construction and Government Reform in the Third Year of Joining the WTO" by Liu Suhua
On December 18-19, 2004, the School of Law at Shantou University hosted the "Symposium on China's Rule of Law Construction and Government Reform in the Third Year of Joining the WTO," attended by over 50 scholars from across the country (including Hong Kong). The conference focused on macro-level developments and micro-level evolutions in China's rule of law construction and government reform over the past three years. For over 20 years since the reform and opening-up, the Chinese government has been advancing the process of rule of law construction and government reform. Especially in the three years following joining the WTO, China has substantially revised over 2,500 laws and regulations, including the Constitution, administrative law, foreign investment law, and foreign trade law. Local governments have also reviewed and abolished nearly 190,000 local regulations, government rules, and other policy measures. The State Council has successively abolished or adjusted 1,806 administrative approval items, while local governments have canceled hundreds of thousands of such items. What is the value orientation and foundation behind all of this?
### I. The Value Foundation of China's Rule of Law Construction and Government Reform – People-Oriented Development
At the "Symposium on China's Rule of Law Construction and Government Reform in the Third Year of Joining the WTO," Professor Lü Shilun, a renowned legal scholar in China, pointed out that in simple terms, it is "four words – people-oriented." In the 7th century BC, Guan Zhong first proposed the concept of "people-oriented," and now it carries new significance. The 15th National Congress of the Communist Party of China proposed "governing the country according to the law and building a socialist rule of law state," establishing it as China's fundamental governance strategy. The Third Plenary Session of the 16th Party Congress further proposed "people-oriented development and establishing a scientific development concept," while the Fourth Plenary Session advocated "building a people-oriented socialist harmonious society." These indicate that China's rule of law is advancing step by step.
However, "governing the country according to the law and building a socialist rule of law state" did not explicitly state that people-oriented development is the value foundation of political reform and rule of law construction, with the goal of "establishing a people-oriented socialist harmonious society." As everyone knows, the rule of law primarily addresses formal legal issues, focusing on legal formalization. Max Weber stated that it mainly sets the baseline for formal law. Specifically, it deals with issues of rules and norms, systems, and procedures. From the perspective of "people-oriented development and establishing a scientific development concept," the purpose of the rule of law is evident—it serves the people.
Renowned legal scholar Guo Daohui pointed out that after joining the WTO, we have stepped out and integrated into the global economic integration trend. WTO rules primarily regulate government behavior. Over the past few years, our economy has achieved significant success, and political reforms have also made some progress. Concepts such as "people-oriented development," "governing for the people," and "human rights enshrined in the constitution" have emerged, marking great theoretical advancements. However, in practice...