Since the 18th National Congress of the Communist Party of China, General Secretary Xi Jinping has stood at the strategic height of the great rejuvenation of the Chinese nation and the sustainable inheritance of Chinese civilization. He has applied the Marxist standpoint, viewpoint, and method, adhered to the "two combinations", and profoundly expounded the historical origins, basic connotations, and development trends of the Chinese legal system from the perspectives of the connection between history and reality, the connection between China and the world, and the combination of theory and practice. He has also profoundly expounded the humanistic spirit, distinctive characteristics, and contemporary value of the Chinese legal system.

The Chinese legal system is the direct carrier of the Chinese civilization of rule of law, which embodies the rich connotations of China's excellent traditional legal culture, contains philosophical ideas, humanistic spirit, value concepts, rule of law spirit, moral norms, etc. of Chinese civilization, and demonstrates the rule of law spirit and cultural confidence of the Chinese nation.

The development of the Chinese legal system has gone through more than two thousand years without interruption, embodying the profound wisdom and great creativity of the Chinese nation. It still has important reference significance for today's rule of law construction and plays an important role in contemporary China's rule of law construction.

Research Center for Xi Jinping's Rule of Law Thought

The Chinese legal system embodies the spirit and wisdom of the Chinese nation, and there are many excellent ideas and concepts worth inheriting, "General Secretary Xi Jinping emphasized.

History and reality tell us that only by inheriting the excellent traditional legal culture of China, exploring a suitable path of rule of law from the practice of revolution, construction, and reform in our country, and drawing on the beneficial achievements of foreign rule of law, can we lay a solid foundation of rule of law for the comprehensive construction of a socialist modernized country and the realization of the great rejuvenation of the Chinese nation.

At present, China is in a critical period of comprehensively promoting the construction of a strong country and the rejuvenation of the nation with Chinese path to modernization. The great changes in the world that have not occurred in a century are accelerating the evolution. The task of reform, development and stability is arduous and arduous. To comprehensively build a modern socialist country on the track of the rule of law, it is more necessary to draw on the profound ideological wisdom of the Chinese legal system and give new era connotation to the Chinese legal civilization.

The Chinese legal system is unique and distinctive

Since modern times, in the arduous process of exploring the path of modernization of the rule of law for the Chinese nation, the concept of "Chinese legal system" has undergone a continuous evolution and reconstruction.

As a legal concept, "Chinese legal system" has two meanings. Firstly, as a synonym for "ancient Chinese law", it specifically refers to the ancient Chinese laws formed in the history of Chinese civilization, aimed at adjusting social relations, building social order, and maintaining national governance.

Secondly, as a concept in comparative law, "Chinese legal system" refers to a group of laws developed and implemented by some ancient Asian countries that share common characteristics in terms of core spirit and subject content. Specifically, it refers to an ancient legal group established by transplanting and borrowing Tang Dynasty laws from some countries in East Asia and Southeast Asia, with Chinese Tang Dynasty laws as the core.

Since the 18th National Congress of the Communist Party of China, General Secretary Xi Jinping has stood at the strategic height of the great rejuvenation of the Chinese nation and the sustainable inheritance of Chinese civilization. He has applied the Marxist standpoint, viewpoint, and method, adhered to the "two combinations", and profoundly expounded the historical origins, basic connotations, and development trends of the Chinese legal system from the perspectives of the connection between history and reality, the connection between China and the world, and the combination of theory and practice. He has also profoundly expounded the humanistic spirit, distinctive characteristics, and contemporary value of the Chinese legal system.

General Secretary Xi Jinping pointed out that since ancient times, China has formed a unique Chinese legal system in the history of the world's legal system, and has accumulated a profound legal culture. The Chinese legal system was formed in the Qin Dynasty and gradually matured during the Sui and Tang Dynasties. The "Tang Law Commentary" is a representative legal code, but its influence gradually declined after the end of the Qing Dynasty. Unlike the civil law system, common law system, Islamic law system, etc., the Chinese legal system was formed under specific historical conditions in China, demonstrating the great creativity of the Chinese nation and the profound foundation of Chinese legal civilization.

  We should actively promote the creative transformation and innovative development of China's excellent traditional legal culture, endow the Chinese legal civilization with new era connotations, and stimulate vigorous vitality.

General Secretary Xi Jinping has also inherited China's excellent traditional legal culture in a series of important works on comprehensively governing the country by law, and combined it with the actual situation of China's rule of law construction, citing a large number of classic legal maxims and historical allusions from ancient China. These important statements have lofty intentions, rich connotations, and profound thoughts, which have important guiding significance for us to adhere to the "two combinations" in the field of rule of law and draw on the profound ideological wisdom of the Chinese legal system.

Contains profound ideological wisdom of the Chinese nation

The Chinese legal system is the direct carrier of the Chinese civilization of rule of law, which embodies the rich connotations of China's excellent traditional legal culture, contains philosophical ideas, humanistic spirit, value concepts, rule of law spirit, moral norms, etc. of Chinese civilization, and demonstrates the rule of law spirit and cultural confidence of the Chinese nation.

From the perspective of elucidating China's excellent traditional legal culture, the Chinese legal system contains profound and enduring ideological wisdom in governance concepts, legislation, law enforcement, judiciary, and compliance.

The combination of ritual and law for governance, and comprehensive governance. The emergence of the concept of "combining ritual and law" in the Chinese legal system has a profound cultural foundation. Confucius' proposal of "governing with the Dao, punishing with the Qi, and exempting the people from shamelessness; governing with the Dao, treating with the Qi, and respecting with shame" is the cornerstone of the ancient Chinese concept of "combining ritual and law for governance".

In the late Warring States period, Xunzi emphasized the importance of "emphasizing both ritual and law", highlighting the idea of placing equal emphasis on ritual and law. Dong Zhongshu's idea of "virtue as the mainstay and punishment as an auxiliary" was recognized by Emperor Wu of Han and established as the official orthodox ideology of the Han dynasty, which was inherited and innovated by later dynasties.

The "Commentary on the Tang Code" embodies the governance philosophy of "combining ritual and law, with morality as the mainstay and punishment as the auxiliary", and the most important feature of this legal code is "one standard of ritual". As stated in the first chapter of the "Commentary on the Tang Code", "Virtue and propriety are the foundation of politics and religion, and punishment is the use of politics and religion." The completion of the compilation of the Tang Code also marks the perfection of the idea and practice of "combining ritual and law" since the Han Dynasty, basically achieving the unity of "ritual" and "law", and the unity of legal norms and moral norms.

In the process of the birth and development of the Chinese legal system, concepts and expressions similar to "the combination of ritual and law" have also been formed. For example, the concept of "co governance of morality and law" emphasizes that national governance should be based on the theoretical framework of "unity of heaven and man", comprehensively considering the inherent requirements of natural law, national law, and human emotions. It points out that the formulation and implementation of laws should be based on the "natural law" representing the ideal political order and social justice as the highest criterion. For example, the concept of "integrating ritual, music, punishment, and governance" emphasizes the combination of "ritual," "music," "punishment," and "governance" to form a complete normative system.

The main focus is on legal codes, while legislation is based on observing customs. The Chinese legal system has a profound tradition of written law, forming a legislative system of laws, regulations, examples, and codes. Among them, the compilation of legal codes with the compilation of laws as the core is the most important legislative activity under the framework of Chinese law. The representative legal codes formed are the highest peak of legal development worldwide at the same time, and also the model that East Asian and Southeast Asian countries are competing to imitate.

During the Spring and Autumn Period, the state of Zheng was the first among the feudal lords to issue a written law, known as the 'Book of Punishments'. This practice broke the traditional concept of "punishment is unknowable, power is unpredictable", pioneered the trend, and demonstrated the progressiveness of Chinese legal civilization in the world at that time.

In the early Warring States period, the "Legal Classic" compiled by Li Kui, a politician and jurist of the Wei state, had already demonstrated systematic legislative characteristics and became the first relatively systematic written legal code in Chinese history.

The Tang Code Commentary is a representative legal code of the Chinese legal system, which showcases the advanced legislative techniques and concepts of ancient China. It can be divided into two parts as a whole: the first part, "Ming Shi", is the "General Provisions" section, which not only emphasizes the guiding ideology of Tang law, the charges and methods of punishment, and the definition of terminology, but also clarifies principles such as "discussion" and "request". The second article "Guarding and Prohibiting" to the twelfth article "Breaking Prison" are "specific provisions", among which the eleventh article "Arrest and Death" and the twelfth article "Breaking Prison" respectively stipulate the procedural aspects of arrest and trial.

In addition to advanced legislative techniques, many ancient Chinese thinkers and jurists have put forward numerous ideas and viewpoints on legislation. For example, Xunzi said, "The law is the end of governance." Han Fei said, "A family has a constant profession, even if it is hungry; a state has a constant law, even if it is in danger, it will not perish." Shang Yang said, "The sage is the essence of the country, observing the customs and establishing laws to govern, and observing the state of the country is appropriate." Shenzi said, "The law does not come from the world, nor does it come from the earth, but from the human world, it is only in line with people's hearts." Zhu Xi said, "There must be law in everything, and then it can be achieved." These discourses expound that legislation should adhere to the principles of people-oriented thinking, starting from reality, and adapting to local conditions.

The law is not noble, and the enforcement of the law is like a mountain. The Chinese legal system particularly emphasizes the importance of law enforcement, leaving behind many ideas and concepts about strict and fair law enforcement. For example, the Book of Shang Jun from the pre Qin period pointed out: "Laws must be clear and orders must be executed." The Eastern Han philosopher Wang Fu's "Qianfu Lun" pointed out: "If laws are enforced, the country will be governed; if laws are relaxed, the country will be in chaos." Wang Bo's "Shangliu Youxiang Shu" from the Tang Dynasty pointed out: "If laws are established, they must be enforced; if orders are issued, they must be executed without returning." Zhang Juzheng once said: "It is not difficult to legislate for the affairs of the world, but it is necessary to enforce laws strictly." These maxims and aphorisms all emphasize the great significance of strict law enforcement. At the same time, concepts such as "the law is not noble", "there is no hierarchy of punishment", and "if a prince breaks the law, the common people are equally guilty" have deeply penetrated people's hearts, expressing their longing for fairness and justice.

In the traditional Chinese culture, there has always been a praise for law enforcers who are upright, just, honest, and fearless of power. The people are accustomed to calling them "Qingtian", among whom the most famous is none other than "Bao Qingtian" during the reign of Emperor Renzong of Song. During his tenure, he was "resolute and resolute in establishing the court, and the nobles and eunuchs restrained their hands for him. Anyone who heard of him was afraid of him", winning the love and admiration of the people.

Emphasis is placed on mediation and non litigation. The Chinese legal system has always advocated the principle of "no litigation in the world and peace as the most precious". In traditional society, advocating for "no litigation" reflects the value concept of "harmony is precious", advocating for resolving disputes as little as possible without official formal litigation to avoid further escalation of conflicts. In practice, the main manifestation is the emphasis on the role of mediation.

As early as the Western Zhou Dynasty, the state established the position of "mediator" specifically responsible for mediating the grievances between the people. The "Edict of Teaching the People" issued by the Ming Dynasty stipulated that "all minor matters such as marriage, farming, fighting, and disputes among the common people shall not be reported to the officials at once, but must be judged by the officials in charge and the elderly." In ancient times, judicial officials often used the opportunity of litigation and trial to "integrate education into judgment", proclaiming education, reasoning, and persuading both parties to settle the lawsuit.

Ritual and music education, strict governance of officials. The Chinese legal system emphasizes the role of moral education. Whether it is Confucius' advocacy of "virtue as the foundation of the Tao" and "ritual as the foundation of Qi", or Xunzi's proposal of "ritual and moral education are the foundation of Qi", both emphasize the role of education in changing people's hearts. Confucius also proposed that "killing without education is called torture", and Xunzi further proposed that "punishing without education leads to excessive punishment and evil; punishing without education leads to no punishment for traitors". These propositions are concrete manifestations of the concept of "combining ritual and law" in promoting the rule of law among the people. The 'teaching' here is mainly achieved through the exemplary role of rulers, reflecting the pursuit of strict governance of officials.

Most of the rulers who made achievements in ancient China adhered to the strict governance of officials and focused on improving the moral cultivation of officials and the people. For example, Ming Taizu Zhu Yuanzhang imitated the way Zhou Gong admonished his subjects during the Eastern Expedition and formulated the "Great Edict" to promote the rule of law in the form of cases, teach the people to learn the law, and warn officials not to repeat the same mistakes; He also ordered schools at all levels to teach the "Da Gao", take the imperial examination for the "Da Gao", and have villagers gather to preach the "Da Gao", promoting laws and regulations in various ways, and guiding officials and people to know and abide by the law.

Endow new era connotations to the civilization of Chinese rule of law

General Secretary Xi Jinping emphasized that only by adhering to the path from history to the future and advancing through the continuation of national cultural heritage, can we do a good job in today's cause.

The development of the Chinese legal system has gone through more than two thousand years without interruption, embodying the profound wisdom and great creativity of the Chinese nation. It still has important reference significance for today's rule of law construction and plays an important role in contemporary China's rule of law construction.

——Adhere to starting from reality and steadfastly follow the path of socialist rule of law with Chinese characteristics.

The path of rule of law to take is determined by a country's basic national conditions. History has taught us that to promote comprehensive rule of law, we must start from the reality of our country. We cannot ignore the national conditions, go beyond the stage, or stick to the old ways and regulations. Persisting in starting from reality means highlighting Chinese characteristics, practical characteristics, and contemporary features.

The ancestors of China have long been exploring how to govern the major issue of human beings themselves. During the Spring and Autumn Period and the Warring States Period, there was a self-contained written legal code, and during the Han and Tang Dynasties, a relatively complete legal code was formed. The Chinese legal system contains abundant wisdom and resources, providing us with a profound historical foundation to strengthen our confidence in the rule of law and steadfastly pursue the path of socialist rule of law with Chinese characteristics.

Promoting the creative transformation and innovative development of the Chinese legal system requires us to firmly grasp the nature of socialism with Chinese characteristics, steadfastly follow the path of socialist rule of law with Chinese characteristics, and have a particularly clear mind and firm stance on major issues such as upholding the comprehensive leadership of the Party and ensuring that the people are the masters of the country. At the same time, it is necessary to adhere to the "two combinations" and truly achieve the organic connection between the Chinese legal system and contemporary Chinese legal civilization under the guidance of Marxism, by using the past for the present, using the West for China, making dialectical choices, and innovating.

——Adhere to the combination of governing the country by law and governing the country by virtue, and achieve the complementary and mutually beneficial relationship between the rule of law and the rule of virtue.

General Secretary Xi Jinping emphasized, "We must adhere to the combination of governing the country by law and governing the country by virtue, and emphasize the importance of both. This is not only a summary of historical experience, but also a profound grasp of the laws of governing the country

Throughout the development of the Chinese legal system, the effective implementation of law relies on moral support, and moral practice cannot be separated from legal constraints. Adhering to the combination of governing the country by law and governing the country by virtue, we should attach importance to the role of moral education, improve the level of civilization of the whole society, and create a good humanistic environment for the comprehensive rule of law. Drawing on the profound ideological wisdom of the Chinese legal system, it is necessary to explore and expound on the contemporary values of Chinese excellent traditional culture, which emphasize benevolence, people-oriented, integrity, justice, harmony, and the pursuit of great harmony. This will make Chinese excellent traditional culture an important source for cultivating socialist core values. At the same time, integrating socialist core values into the construction of the rule of law, and using rigid constraints of good laws and good governance to strongly support the moral construction of citizens.

——Better promote the construction of the socialist rule of law system with Chinese characteristics and build a socialist rule of law country.

The socialist legal system with Chinese characteristics is the overall lever for promoting comprehensive rule of law. This system includes a complete system of legal norms, an efficient system for implementing the rule of law, a rigorous system for supervising the rule of law, a powerful system for safeguarding the rule of law, and a comprehensive system of party regulations.

General Secretary Xi Jinping pointed out that the socialist legal system with Chinese characteristics that we want to build must be rooted in Chinese culture, based on Chinese national conditions, and solve Chinese problems. It cannot be misled by Western erroneous ideological trends.

The profound ideological wisdom of the Chinese legal system in governance concepts, legislation, law enforcement, judiciary, and compliance has provided solid cultural support and rich practical experience for the construction of a socialist legal system with Chinese characteristics. The construction of a socialist rule of law system with Chinese characteristics is a massive systematic project that involves various fields and aspects of the Party and state undertakings. It requires both overall promotion and the mutual promotion and coordinated advancement of various parts of the rule of law system, which is in line with the systematic concept of comprehensive governance in the Chinese legal system.

This requires the integration of the methodology of contemporary Chinese legal theory with the systematic concept of the Chinese legal system, constantly endowing our country's legal theory with distinctive national characteristics. Drawing on the legislative tradition of the Chinese legal system, which mainly relies on legal codes and observes customs, as well as its exquisite legislative techniques, we will timely promote the compilation of legal codes in mature legislative fields and continuously improve the socialist legal system with Chinese characteristics. Drawing on the long-standing concepts of the Chinese legal system, such as valuing the law above all else, enforcing the law like a mountain, emphasizing mediation, and promoting etiquette and music education, we will accelerate the formation of an efficient system for implementing the rule of law and a strong system for safeguarding the rule of law. Adopting the governance strategy of strict governance of officials in the Chinese legal system, accelerating the formation of a rigorous legal supervision system and a sound system of party regulations.

On the new journey of comprehensively promoting the great rejuvenation of the Chinese nation with Chinese style modernization, under the scientific guidance of Xi Jinping's rule of law ideology and Xi Jinping's cultural ideology, the construction of a rule of law China will continue to draw on the profound ideological wisdom of the Chinese legal system, inherit the historical context of Chinese civilization, and write a new chapter of human rule of law civilization.