Charting a New Path

　　A significant Party plenary session dedicates itself to lifting the rule of law to a new level across China

　　The Communist Party of China (CPC) set the blueprint for the rule of law in the world’s second largest economy during a recent key meeting， which also highlighted the Party’s leadership and the overarching role of the Constitution in the country’s legal system.

　　According to a communiqué issued after the Fourth Plenary Session of the 18th CPC Central Committee， which was held in Beijing from October 20 to 23， the overall target of the CPC’s current drive to advance the rule of law is to “form a system serving the socialist rule of law with Chinese characteristics” and build a country with socialist rule of law.

　　The communiqué said that “to realize the rule of law， the country should be governed in line with the Constitution.”

　　The National People’s Congress (NPC)， China’s top legislature， and its standing committee should play a better role in supervising the Constitution’s implementation， and a mechanism to examine the legitimacy of major decision-making should be set up for governments， with a lifelong accountability system for major decisions and a system for tracing mistakes to their roots， it said.

　　This marks the first time a plenary session of the CPC Central Committee has taken the rule of law as its central theme over the Party’s 93-year history.

　　The plenary session also adopted a decision on “major issues concerning comprehensively advancing the rule of law.”

　　In September 1997， the report adopted at the 15th CPC National Congress historically dictates “governing the country according to the law and making it a socialist country ruled by the law.” During the 1999 constitutional amendment process， the exact dictate was written into the Constitution. Since then， the Party leadership has never stopped striving to promote the rule of law in China.

　　Less than one month after being elected general secretary of the CPC Central Committee， Xi Jinping delivered an important speech at a meeting marking the 30th anniversary of the implementation of China’s 1982 Constitution on December 4， 2012. Xi said that the supervising system that ensures the Constitution is carried out is not well established， and occasional dereliction of duty has dented the authority of the country’s judicial system.

　　“No organization or individual has the privilege to overstep the Constitution and the law， and any violation of the Constitution and the law must be investigated，” he said.

　　Explaining the decision on “major issues concerning comprehensively deepening reforms” after its adoption at the Third Plenary Session of the 18th CPC Central Committee in November 2013， Xi said that judicial reform will be a major part of China’s overall reform.

　　“The key to implementing the rule of law is to check the administrative power according to law. In other words， the state power must be restrained and private rights must be protected，” said Guo Daohui， an advisor to the China Law Society and one of the earliest advocators of the rule of law in China.

　　The State Council said on September 10 that it will further cut administrative approvals and delegate more power to lower-level governments in order to promote efficiency and clear obstacles standing in the way of economic growth.

　　Lessons learned

　　The communiqué said that China will establish a mechanism in which officials will be given demerits or be held accountable if they are found interfering in judicial cases.

　　Li Zhuang， a former lawyer， was jailed in January 2010 after defending an organized crime boss in Chongqing Municipality in southwest China.

　　Li was convicted of falsifying evidence after the gang leader， caught in the municipality-wide campaign against organized crime， accused Li of telling him to lie about being tortured by the police. The campaign was initiated by Bo Xilai， then Party chief of Chongqing.

　　Li， who denied the charge， won wide support from lawyers， legal scholars and intellectuals nationwide， who were outraged by what they saw as widespread legal abuses during Bo’s “strike black” campaign.

　　“The best possible model of the rule of law is that through an education on the masses on ethics， duty and discipline， they can obey laws voluntarily，” said Li recently.

　　Tang Hui， a native of Yongzhou， Hunan Province， is known as the “petition mother.” Her widely reported appeals helped bring about the abolishment of the reeducation-through-labor program.

　　She was put in a labor and reeducation camp in 2012 for petitioning for harsher punishments for those found guilty of raping her then 11-year-old daughter and forcing her into prostitution in 2006. Accused of disrupting the public order， Tang was sentenced to 18 months in the camp in August 2012， but released after just eight days following a public outcry.

　　In July 2013， a court in Hunan ruled in favor of Tang when she sued local authorities for infringing upon her personal freedom and causing psychological damage. Yongzhou labor camp administration was asked to pay Tang 2，641 yuan ($429) in compensation.

　　The reeducation-through-labor system， which was instituted in 1957 and allowed detention for up to four years without an open trial， was officially abolished by a motion adopted by the NPC Standing Committee in December 2013.

　　“I don’t fully understand the meaning of the rule of law， but as far as I know， even if there are sensible policies， they might not be properly implemented by authorities at the local level，” said Tang recently.

　　She said her years of petitions in Hunan and Beijing revealed that legal justice was hard to be found in smaller places and “decent people and officials” can only be found in places like Beijing.

　　China will recruit lawmakers， judges and prosecutors from qualified lawyers and law experts， said the communiqué.

　　The system of internment and deportation of urban vagrants and beggars was established as an administrative procedure in 1982， which allowed the police to detain people who did not have a residence permit or temporary living permit， and deport them to their hometowns.

　　Sun Zhigang， a 27-year-old graphic designer from Wuhan， central China’s Hubei Province， was picked up by police on March 17， 2003， during a random identity check in Guangzhou in south China， where he worked at a garment company. Immediately put into a detention center， the young man died three days later due to brutal beatings by fellow detainees.

　　Sun’s death received widespread attention in newspapers and on the Internet. Among these reactions， two groups of senior Chinese legal scholars wrote to the NPC， questioning the constitutionality of the custody and repatriation regulation. The system was ended by the State Council in June 2003 when the detention centers were required to be replaced by simply service stations to care for beggars or homeless people.

　　“Injustice can arise if a country’s laws are insufficient or outdated. Laws are like iron and steel as rust must go back to the blast furnace to be melted into metal，” said Sun’s father， Sun Lusong， recently.

　　The communiqué dictates that channels for citizens to participate in the legislative efforts will be widened.

　　International recognition

　　“I do believe that [the rule of law] will be essential as the Chinese economy becomes more sophisticated， so the need for the rule of law becomes even greater，” said Charles Powell， former Chairman of the China-Britain Business Council.

　　“I think it will give people a lot of confidence in China， if they know the courts are independent， reach their judgments independently， and all institutions of the state and the Party are subject to that same rule of law，” he said.

　　Etienne Reuter， Director at Elliott Consultants Ltd. in Brussels， said the phrase “rule of law” is not new in the CPC’s official discourse， but it has new implications given today’s new circumstances.

　　“The opening and transformation of China’s economy has entered a new phase requiring greater environmental sustainability and social inclusiveness. The people of China aspire for a better quality of life and a fairer society.”

　　“In this respect， the rule of law provides the essential underpinning for combating pollution and degradation of the environment as well as for the fight against corruption，” Reuter said.

　　Paul Gewirtz， professor of law and Director of the China Center at Yale Law School， wrote in an opinion piece on The New York Times： “There are reasons for a measure of optimism that the plenary session will demonstrate more complex views about the roles law can play and also take meaningful steps to advance new legal reforms.”

　　The current leadership has already signed onto many reforms and even adjustments in ideology that represent positive steps toward a modern system of the rule of law， said Gewirtz.

　　“These changes aren’t just window-dressing； they reflect the leadership’s recognition that it needs to improve governance， address widespread public grievances， and respond to public opinion，” said Gewirtz.

　　Major Steps Taken by the Party to Advance the Rule of Law Since November 2012

　　- The report adopted at the 18th CPC National Congress in November 2012 requires accelerating the building of a socialist country based on the rule of law and promoting law-based governance of the country in an all-around way.

　　- Delivering a speech at a congress marking the 30th anniversary of the implementation of China’s 1982 Constitution on December 4， 2012， Xi Jinping， General Secretary of the CPC Central Committee， said safeguarding the Constitution’s authority， is to maintain the dignity of the will of the Party and the people， to ensure the Constitution’s implementation， and to ensure the realization of the fundamental rights of the people.

　　- Making comments during a national political and legal work teleconference in January 2013， Xi asked the political and legal organs to meet the people’s expectations on maintaining public security， judicial justice and rights protection， build a safe society， uphold the rule of law and strengthen the internal disciplinary systems.

　　- In July 2013， the Commission for Political and Legal Affairs (CPLA) of the CPC Central Committee issued guidelines to prevent miscarriages of justice， emphasizing following legal procedures and conducting systematic rectifications.

　　- On May 31， 2013， the CPLA held a conference in Suzhou， Jiangsu Province， to promote the campaign of “peaceful China，” which was launched by the Ministry of Public Security to promote the rule of law.

　　- On October 11， 2013， a conference marking the 50th anniversary of the “Experience of Fengqiao” was held in Hangzhou， Zhejiang Province. Fengqiao， a town in the province， became known for its experiment of “letting the Party and government bear their respective responsibilities for definite work， relying on the masses， defusing conflicts， safeguarding stability and promoting development.”

　　- On November 9， 2013， the Third Plenary Session of the 18th CPC Central Committee approved a decision on “major issues concerning comprehensively deepening reforms.” The decision stressed upholding the unity of the rule of law， law-based governance and law-based administration， and the integral development of a law-based country， government and society as a whole.

　　- On December 28， 2013， the NPC Standing Committee adopted a resolution to abolish the reeducation-through-labor system.

　　- On January 7， 2014， Xi said at a national political and legal work conference that ensuring social stability is the basic task of the country’s political and legal work， promoting social justice and equality its core value and maintaining a safe living environment its fundamental goal.

　　- In March 2014， the CPC Central Committee General Office and State Council General Office jointly issued a circular on the handling of lawsuit-related letters and visits， which required local government departments to establish mechanisms on handling lawsuit-related letters and visits.

　　- On June 6， 2014， the third meeting of the leading group for overall reform under the CPC Central Committee reviewed and adopted suggestions on issues related to judicial system reform and the plan on the pilot programs of judicial reform in Shanghai.

　　- On July 9， 2014， the Supreme People’s Court held a press conference to make a briefing on the fourth Five-Year Reform Program of People’s Courts (2014-18). This program was a programmatic document to guide the reform work of courts in the following five years. Consisting of 45 measures in eight key areas， the document put forward the goal of building a socialist judiciary power execution system with Chinese characteristics till 2018.

　　- On September 30， 2014， the Political Bureau of the CPC Central Committee held a meeting to review comments and suggestions solicited from some Party members and non-Party members to the decision on “major issues concerning comprehensively advancing the rule of law，” and decided to hand over the document to the Fourth Plenary Session of the 18th CPC Central Committee for review after amendment.

　　(Source： People’s Daily)

　　By Li Li

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