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

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 argues that recent research on the issue of governing the country according to law in Chinese academia has two shortcomings: first, it overlooks the phased nature of governing the country according to law in China's primary stage of socialism; second, it ignores 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 CPC's leadership can the prerequisite for governing the country according to law—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 are key to ensuring the normal progress of this great cause. This is the basic conclusion the author draws after studying 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 socio-economic development, socio-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 citizens' 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 differential hierarchy is the uneven socio-economic development, which leads to differences in the wealth of the people, reflecting the conflict between a market economy that values disparities and modern rule of law that emphasizes equality.
Chapter "A Comparative Study of the Communist Party of China and Western Governing Parties" argues that the CPC differs from Western governing parties in four aspects: first, in terms of how they attain 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 how they integrate 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 Leadership of the Party, 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 necessary to enhance the Party's ability to govern through democracy and the rule of law in practice.
Chapter "The Party's Overall Control and Coordination of All Parties" takes Shanghai as an example to elaborate on the specific content of the Party's "overall control and coordination of all parties" as a governing approach, as well as several issues that require further exploration.
Chapter "Strong Party, Small Government, 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 biggest 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 "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 different authorities in terms of administrative and financial powers. It highlights that the establishment of public finance is a gradual process, and the moderate centralization of financial power and the appropriate delegation of administrative power are the current principles for handling the relationship between the central and local governments in China.
Chapter "Governing the Country According to Law and Governing According to Virtue" discusses the necessity and pathways for combining governing the country according to law with governing according to virtue, pointing out that governing according to virtue will not affect or replace governing the country according to law, and that governing according to virtue is not the revival of traditional "rule by man" thinking.