March ahead with rule of law(2)

A guideline to safeguard sovereignty

The communiqué issued by the Fourth Plenum of the 18th CPC Central Committee says China should strengthen foreign-related legislation and use legal means to safeguard its sovereignty and security, and development interests. This requires undertaking concrete tasks to improve the country's legal system.

China is both a beneficiary and protector of the extant international order, even though it is opposed to certain aspects of the order. And given that it is opening up further to the outside world, China needs to maintain close links with the international community. But increased exchanges and deepening cooperation with the rest of the world will surely give rise to more problems and disputes. How to handle these problems and disputes remains a big issue for China, and this is where the rule of law can play a vital role, for it can help resolve them in a relatively reasonable way.

To take care of its security problems, especially those that threaten national (or military) security, China should strengthen communication with other countries, especially the United States, to make its stance clear and, if possible, reach an understanding, but without compromising its interests. To resolve issues related to sovereignty, especially political independence and territorial integrity, China must turn to history and international laws. But since these are complicated and sensitive issues, and could seriously influence national sentiments if not handled properly, China should exercise calm and patience in its efforts to resolve them.

More importantly, China should make the rest of the world know that it will use peaceful methods, including legal means, to resolve disputes, including those over development and security issues, with other countries. This will prevent misunderstandings with other countries and help the cause of world peace and prosperity. Also, China should offer a sound basis and guarantee for settlement of such issues through legal means.

Jin Yongming, a research fellow at the Institute of Law, Shanghai Academy of Social Sciences.

Specific mechanisms needed to reach goal

The communiqué issued by the Fourth Plenum has outlined the reforms of many existing mechanisms, but the most important of them all is the overall target of the CPC's current drive, which is "to advance the rule of law" to build a system to serve "the socialist rule of law with Chinese characteristics" and establish "the socialist rule of law" in the country.

This is a huge qualitative progress from "rule by law". The CPC's new target makes it clear that the government too comes under the rule of the law.

To achieve the goal, the communiqué says, theories of socialist rule of law with Chinese characteristics, systems of laws and regulations, efficient law enforcement, strict supervision and effective guarantee systems, and an all-encompassing intra-Party law mechanism are essential.

These are detailed mechanisms to support the system of "socialist rule of law". Only by establishing these mechanisms can the overall goal be achieved.

Zhang Hengshan, a professor of law at the Party School of the Central Committee of the CPC.