Third Plenary Session Explained: Using the Rule of Law to Deepen Reforms (AI Translation)
Listen to the full version
文｜财新周刊 单玉晓
By Caixin Weekly's Shan Yuxiao
法治是中国式现代化的重要保障。中共二十届三中全会通过的《中共中央关于进一步全面深化改革、推进中国式现代化的决定》（下称《决定》）提出了进一步全面深化改革的六项原则，其中之一是坚持全面依法治国，在法治轨道上深化改革、推进中国式现代化，做到改革和法治相统一，重大改革于法有据、及时把改革成果上升为法律制度。
The rule of law is an important safeguard for China's modernity. The "Decision on Further Comprehensively Deepening Reform and Promoting Chinese-Style Modernization," passed at the Third Plenary Session of the 20th Central Committee of the Communist Party of China (henceforth referred to as the "Decision"), proposed six principles for further comprehensively deepening reform. One of these principles is to adhere to the comprehensive rule of law, deepen reform and promote Chinese-style modernization within the framework of the legal system, ensuring that reform and the rule of law are unified. Major reforms should be legally justified and timely elevate the outcomes of reforms to legal institutions.
全国人大常委会法工委主任沈春耀在7月19日举行的新闻发布会上解读说，改革和法治相辅相成、相伴而生。法治的实现离不开改革的推动，改革的深化也必然要求法治的保障。全会重点围绕深化立法领域改革、深入推进依法行政、健全公正执法司法体制机制、完善推进法治社会建设机制、加强涉外法治建设等方面，提出了法治领域改革任务要求。他表示，新征程上，进一步全面深化改革、推进中国式现代化，应当同进一步全面依法治国有机结合起来，更好发挥法治的重要作用。
Shen Chunyao, director of the Legislative Affairs Commission of the National People's Congress Standing Committee, elucidated at a press conference on July 19 that reform and the rule of law are complementary and coexist together. The realization of the rule of law cannot be separated from the impetus of reform, and the deepening of reform inevitably requires the protection of the rule of law. The meeting focused on deepening reforms in the legislative field, thoroughly promoting law-based administration, improving fair law enforcement and judicial mechanisms, refining the mechanisms for advancing the construction of a law-based society, and strengthening the construction of foreign-related legal systems. He stated that in the new journey, further comprehensively deepening reforms and promoting Chinese-style modernization should be organically combined with further comprehensively ruling the country by law to better play the important role of the rule of law.
完善合宪性审查与备案审查
Perfecting the Constitutionality Review and Record-Filing Review
- DIGEST HUB
Digest Hub
Back
- The "Decision on Further Comprehensively Deepening Reform and Promoting Chinese-Style Modernization" emphasizes adherence to the rule of law to unify reform and legal frameworks, ensuring reforms are legally justified.
- China's legislative advancements include improving constitutional review systems, enhancing the filing review process, and the compilation of an "Ecological Environment Code" to consolidate environmental laws.
- Special anti-corruption legislation, including amendments to the "Supervision Law" and the introduction of an "Anti-Cross-Border Corruption Law," aims to regulate overseas corrupt practices in line with international standards.
**Summary**
China emphasizes the rule of law as a key safeguard in advancing modernization. The "Decision on Further Comprehensively Deepening Reform and Promoting Chinese-Style Modernization," passed at the Third Plenary Session of the 20th Central Committee of the Communist Party of China, outlines six principles for deepening reforms, one of which is adherence to the comprehensive rule of law [para. 1]. Shen Chunyao of the NPC Standing Committee explains that reform and the rule of law are interdependent, stressing the need for legal justification in major reforms to ensure unity between reform initiatives and legal principles [para. 1].
**Perfecting Constitutionality and Record Filing Review**
The rule of law starts with the constitution, emphasizing the need to improve the constitutional legal system. The NPC Standing Committee is tasked with constitutional review, ensuring that laws and policies comply with the constitution. This process was emphasized at the 19th and 20th National Congresses of the Communist Party of China [para. 6][para. 10]. Legislative measures such as the 2019 "Measures for the Record Filing and Review of Regulations and Judicial Interpretations" align with these principles, aimed at preventing and resolving legal conflicts [para. 10][para. 12][para. 14].
**Constitutional Review Process**
Constitutional reviews split into frontend (pre-event and mid-event reviews) and backend (post-enactment reviews). The frontend review involves evaluating proposed laws for constitutional compliance during the drafting stages. The backend review focuses on post-enactment assessments to rectify any discrepancies [para. 18][para. 22]. Record review also plays a critical role, with nearly 20,000 suggestions submitted by citizens and organizations, leading to significant amendments in human rights protection measures [para. 26].
**Ecological Environment Code**
China initiated the compilation of its Environmental Code, following the Civil Code, mentioned in the "Decision" under ecological civilization improvements. This Environmental Code aims to systematize existing environmental laws and accommodate new regulations to address ecological and legal gaps [para. 30][para. 34]. The draft, comprising over a thousand articles, completed its preliminary review by mid-2024, with anticipated completion by 2026 [para. 32].
**Environmental Protection Legislation**
China has introduced multiple environmental laws since its first Environmental Protection Law in 1979, but inconsistencies and outdated regulations necessitate consolidation [para. 38]. Experts argue that a unified Ecological Environment Code would significantly enhance China's environmental law system, aligning with the country’s stringent ecological protection policies [para. 40]. Challenges include integrating rapidly evolving environmental laws into a stable code, yet such efforts are seen as vital for a comprehensive legal framework [para. 44].
**Combatting Cross-Border Corruption**
The "Decision" calls for promoting national anti-corruption legislation and cross-border anti-corruption laws [para. 48]. The "Supervision Law" passed in 2018 reflects efforts to consolidate the national supervisory system. Amendments to this law and the drafting of the "Anti-Cross-Border Corruption Law" are ongoing [para. 48][para. 50]. This new law would regulate corruption related to overseas operations of Chinese enterprises, enhancing legal transparency and reducing risks for businesses [para. 56].
Experts note that anti-cross-border corruption laws need to balance domestic and international legal systems, providing clear regulations to help enterprises comply and reduce unlawful activities [para. 56][para. 60].
The article underscores China's commitment to intertwining reforms with legal advancements, highlighting the importance of the rule of law in achieving Chinese-style modernization [para. 1][para. 62].
*Source: Caixin Weekly*
- 2017：
- During the 19th National Congress of the Communist Party of China, it was proposed to strengthen implementation and supervision of the constitution, advance constitutional review, and uphold the authority of the constitution.
- 2018：
- The Constitution was amended to rename the 'National People's Congress Law Committee' to the 'National People's Congress Constitution and Law Committee.'
- 2019：
- The Fourth Plenary Session of the 19th Central Committee of the Chinese Communist Party proposed strengthening the implementation and supervision of the Constitution, promoting constitutionality reviews, and enhancing the filing review system.
- 2020：
- Central leadership laid out specific requirements for advancing constitutionality reviews, including promoting the implementation of the Constitution and conducting constitutional interpretation.
- May 2020：
- The 'Civil Code' was passed at the Third Session of the 13th National People's Congress.
- End of 2023：
- Relevant authorities began seeking opinions within the disciplinary and supervision system on a preliminary draft of the amendments to the 'Supervision Law'.
- December 2023：
- The 'Decision of the Standing Committee of the National People's Congress on Improving and Strengthening the Record Review System,' comprising a total of 22 articles, was issued.
- By the End of June 2024：
- A draft of the Ecological Environment Code, containing over a thousand articles, was completed and is currently being reviewed internally.
- July 19, 2024：
- Shen Chunyao, director of the Legislative Affairs Commission of the National People's Congress Standing Committee, spoke at a press conference emphasizing the relationship between reform and the rule of law.
- PODCAST
- MOST POPULAR
Sign in with Google
Sign in with Facebook
Sign in with 财新