Explainer: China to pursue reform in sync with rule of law

BEIJING, July 25 (Xinhua) — In its latest effort to deepen its reform comprehensively, China has reaffirmed its commitment to ensuring that reform and the rule of law go hand in hand to propel its path toward modernization.
Aiming to deepen reform comprehensively to advance Chinese modernization, the 20th Communist Party of China Central Committee adopted a key resolution at its third plenary session held in Beijing last week.
Highlighting the pivotal role of the rule of law as an important guarantee for this cause, the resolution urges the formulation and revision of a series of laws to address various concerns, including private-sector promotion, finance, ecology and cross-border corruption, and thereby better support China’s latest reform campaign.
Shen Chunyao, director of the Legislative Affairs Commission of the Standing Committee of the National People’s Congress, said that many of the resolution’s important measures and tasks involve the formulation, revision, abolition, interpretation, and compilation of laws, as well as relevant authorization and approval.
Laws and regulations aligned with the objectives of advancing reform should be established promptly, and those hindering the progress of reform and development should be revised or eliminated in accordance with the laws, Shen said at a press conference held shortly after the Party’s plenum.
The country must “see that all major reforms have a solid legal basis and that the reform achievements are elevated to law in a timely manner,” according to the resolution.
In addition to an extensive array of more than 300 reform measures spanning various sectors, such as the economy, culture, and ecology, the document also includes a dedicated section that delineates specific targeted measures aimed at bolstering the rule of law. Moreover, the concept concerning the rule of law and law-based governance is referenced more than 20 times throughout the document.
While stressing the need to improve China’s property rights system, the document underscores the importance of ensuring law-based, equitable protection of the property rights of economic entities under all forms of ownership on a long-term basis.
When it comes to law enforcement and the administration of justice, the resolution calls for efforts to prevent and rectify administrative and criminal interference in economic disputes, and refine the mechanisms for identifying and redressing wrongly adjudicated cases involving enterprises in accordance with the law.
“Law enforcement and the administration of justice serve as the primary channels to implement the rule of law, and have a direct impact on the immediate interests of the people,” said Huang Wenyi, a law professor at the Renmin University of China.
China’s reform and opening up, which began in 1978, have played a pivotal role in the country’s development. As China pledges to open its door wider to the world, the resolution also outlines plans to bolster its rule of law in foreign-related affairs.
To create a favorable business environment for all market entities, the resolution clarifies that all economic entities — regardless of ownership model — will be treated as equals should their property rights or legal interests be infringed upon, or should they infringe upon the property rights or legal interests of others.
Mechanisms with holistic approaches will be established to promote legislation, law enforcement, the administration of justice, the observance of the law, legal services and the training of legal professionals in the field of foreign affairs, according to the resolution.
It also states that China will improve its arbitration and mediation system for international commercial disputes, and cultivate world-class arbitration organizations and law firms.
Observers say that the crackdown on acts that infringe upon the property rights or legal interests of various ownership models, and the protection of the legitimate rights and interests of foreign businesses and foreign investment, will instill strong confidence in the market.
Du Tao, an expert in the field who works at the East China University of Political Science and Law, said that building a rule-of-law system for foreign affairs, as well as related capabilities that align with the demands of high-quality development and high-level opening-up, is essential to creating favorable legal conditions and the right external environment for Chinese modernization. ■