Great Significance and Basic Experiences of Forming a Socialist System of Laws With Chinese Characteristics

Forming a socialist system of laws with Chinese characteristics by 2010 was a significant and arduous historical task delegated to us by the Party and the people. Since the founding of New China, especially in the more than 30 years since the introduction of the reform and opening up policy, under the correct leadership of the CPC and through the tireless, concerted efforts of all sides, tremendous achievements have been made in China's legislative work that have attracted the world's attention. The current Constitution was adopted in 1982 and it has been revised four times to adapt to changes in the objective situation. By the end of 2010, China had enacted 236 laws, over 690 administrative regulations and more than 8,600 local statutes that are now in force, and fully completed the work of reviewing current laws, administrative regulations and local statutes. We now have a complete set of types of laws covering all areas of social relations, with basic and major laws of each type already in place, together with comprehensive corresponding administrative regulations and local statutes. Overall, the system of laws is scientific, harmonious and consistent. A socialist system of laws with Chinese characteristics has been formed which is based on the situation and realities in China; complies with the requirements for reform, opening up and socialist modernization; represents the will of the Party and the people; is rooted in the Constitution; has several types of laws including laws related to the Constitution, civil laws and commercial laws, as its backbone; and has different levels of legal force, reflected in laws, administrative regulations, and local statutes. There are laws to cover every area of economic, political, cultural, social and ecological development in the country. The legislative goal set forth at the 15th National Congress of the CPC of forming a socialist system of laws with Chinese characteristics by 2010 was attained on schedule.

Since the second half of last year, we have held three forums on the establishment of a socialist system of laws with Chinese characteristics to look back on the process of establishing the system, discuss its great significance, review our basic experiences, and analyze the current situation and tasks. Participants in these forums all agreed that the establishment of the socialist system of laws with Chinese characteristics is a major milestone in the history of the development of China's socialist democratic legal system, is an important indicator of the maturing of the socialist system of laws with Chinese characteristics and has great practical and far-reaching historical significance.

First, the socialist system of laws with Chinese characteristics is the legal foundation for permanently preserving the inherent qualities of socialism with Chinese characteristics.

Integrating the basic tenets of Marxism with the realities of China, following our own path, and building socialism with Chinese characteristics is the basic conclusion that the Party has drawn from its historical experiences and is also the only correct road to development and progress for our country. In keeping with the path of socialism with Chinese characteristics, what is most important is that we maintain the correct political orientation and never waver on major issues of principle such as the fundamental system of the state. If we waver, not only will there be no socialist modernization to speak of, but the achievements gained thus far in development will also be lost, and it is possible that the state could sink into the abyss of internal disorder. The socialist system of laws with Chinese characteristics, in the form of the Constitution and laws, has established the fundamental system and tasks of the state; the position of leadership of the CPC; the guiding position of Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory and the important thought of Three Represents; the state system—a people' s democratic dictatorship that is led by the working class and based on an alliance of workers and farmers; the system of state power—the system of people's congresses; the system whereby all state power belongs to the people, and citizens enjoy extensive rights and freedoms in accordance with the law; the system of multiparty cooperation and political consultation under the leadership of the CPC; the system of regional ethnic autonomy and the system of primary-level self-governance; the basic economic system whereby public ownership is dominant and economic entities under diverse forms of ownership develop side by side; and the system whereby distribution according to work is the main form of distribution and multiple forms of distribution coexist. On the basis of China's conditions, we have made a solemn declaration that we will not employ a system of multiple parties holding office in rotation; diversify our guiding thought; separate executive, legislative and judicial powers; use a bicameral or federal system; or carry out privatization. Forming a socialist system of laws with Chinese characteristics has laid a firm legal foundation for national revitalization and prosperity, and lasting peace and stability. It institutionally and legally ensures that the CPC is always the core of the leadership for the cause of socialism with Chinese characteristics and that all state power is firmly in the hands of the people. It ensures national independence, state sovereignty and territorial integrity. It ensures national unity, social stability and ethnic solidarity. It ensures adherence to an independent foreign policy of peace and the path of peaceful development. And it ensures that the country always forges ahead in the correct orientation of socialism with Chinese characteristics.

Second, the socialist system of laws with Chinese characteristics is a legal system that embodies the innovations and praxes of socialism with Chinese characteristics.

Reform and opening up were a crucial choice made by the people of all our ethnic groups under the leadership of the Party that has determined the destiny of contemporary China. They are the route we must take to uphold and develop socialism with Chinese characteristics and achieve the great rejuvenation of the Chinese nation, and they have given socialism new vitality. For more than 30 years, we have remained committed to the central task of economic development, comprehensively advanced reform and opening up, and successfully achieved the great historic transition from a highly centralized planned economy to a dynamic socialist market economy, and from isolation and semi-isolation to being fully open to the outside world. We have greatly mobilized the enthusiasm of hundreds of millions of people and immensely liberated and developed the productive forces, and our country has sustained rapid development at a speed that has rarely occurred in the world. We have elevated our experiences of reform and opening up and socialist modernization into law in a timely manner. We have kept up with the new situations and issues arising in the process of reform and opening up, and formulated and improved laws and institutions conducive to promoting the transformation of the pattern of economic development, law-based administration and impartial justice, social development with a focus on ensuring and improving the people's wellbeing, tremendous development and prosperity of socialist culture, and harmonious coexistence between man and nature, thereby getting law to fully play its role in standardizing, guiding, protecting and promoting reform, opening up and socialist modernization. The formation of a socialist system of laws with Chinese characteristics provides institutional and legal guarantees that the country always maintains the correct orientation of reform and opening up; puts great effort into building systems and mechanisms that are dynamic, highly efficient, more open and conducive to scientific development; and promotes the sustained self-improvement and self-development of China's socialist system.