International Symposium on Governing the Nation According to Law and Rule of Law China hosted by Chinese Academy of Social Sciences (CASS) and organized by Institute of Law, CASS, was held in the academic lecture hall of CASS from Nov. 8 to Nov. 9, 2014. This seminar is tightly connected with the Decision on Major Issues of comprehensively promoting the Rule of Law (Hereafter referred to as Decision) adopted in the fourth Plenary Session of the Eighteenth Central Committee of the Communist Party of China. More than 80 renowned legal experts on Chinese law and comparative law at home and abroad have attended the conference. The international experts are from over 10 countries such as Finland, USA, Norway, UK, Japan, Russia and so on while local representative experts are mainly from National People's Congress, the Supreme People's court, the Law Society of China, Peking University, Renmin University of China, the Chinese Academy of Social Sciences and other government organs or institutes. The experts focused on China’s construction in the rule of law, brainstormed each other and proposed valuable suggestions to advance socialist rule of law with Chinese characteristics. As a part of CASS Forum, this International Forum on the Rule of law is a well-designed high-standard international academic exchange platform in response to the Going Out strategy of CASS, which has generated a profound international influence and become a brand product of innovation project in CASS.
The conference is divided into two forms: key-note speech and workshop. The Chinese and foreign scholars had heated discussion on many issues such as Rule of Law and Governance, Rule of Law and the Constitution, Rule of Law and Judicial Structural Reform, Rule of Law and Economy-Society Development, etc . By submitting papers and delivering speech, the experts had extensive and in-depth academic exchange, thus enhancing mutual understanding and trust.
The rule of law is an important part of modern national governance system. Chinese and foreign experts particularly discussed the relations of rule of law and national governance covering the topics like construction on rule of law, transformation of rule of law, the relations between rule of law mode and national capacity building, between rule of law and economy-society development, between rule of law and historical or cultural tradition, death penalty reform, public interest litigation, etc. through theoretical analysis, data analysis, empirical investigation, and other methodologies so as to improve national governance capacities . Also, they explain the conditions, paths and proposals to those issues.
The rule of law must first govern the nation according to the constitution. And it should improve the socialist legal system with Chinese characteristics guided by the constitution, strengthen the implementation of the constitution and perfect the legislation system. International experts and scholars from Finland, Italy, Ireland, Norway, Japan, and South Korea respectively introduced the reform of criminal law in Finland, the constitution under the rule of law and rule of the constitution in South Korea, the Japanese cabinet's new interpretation of the Constitution and its relations with rule of law. Meanwhile, they from the perspective of comparative law explained the improvement and application mechanism of the constitution, the origin and consequences of economic and social rights in the constitution of the European countries after World War II and Chinese legislation from the normative system of pluralism and responsive legislation perspective. Then,Chinese Scholar talked about the relations between Constitution and reform, Chinese constitution implementation mechanism, rule by law and legislative reform, legislative supervision system construction. Through discussing the issues of theory and practice on the rule of law construction in China, all experts hold that rule of law construction in China should be based on the Chinese society itself and cultural tradition. People should have firm belief in Communist party’s rule of law construction capacity while Communist party of China should cope well with the relations between Party’s leadership and reform.
Comprehensively promoting the rule of law should construct country, government and society under rule of law as a whole. The Chinese and foreign scholars introduced western countries’ experience on rule of law government and rule of law society from the perspective of legal reform and institutional building, administrative law and administrative litigation system reform, deepening reform and administration by law, national and social organization cooperation in the field of public service. Then they reinterpreted the relations between reforms and administration by law. Finally, they look to the bright future of Chinese construction of a law-based government.
Administration of Justice is the last defense of social justice and judicial justice plays a critical role in rule of law construction. Scholars discussed the issues concerning Chinese and foreign legal system including the criminal judicial system reform, the reform of death penalty, judicial transparency and judgment documents on the Internet. In addition, some scholars presented international law particularly the relations between application of international treaty and rule of law construction, the trend of the Russian anti-corruption legislations, new measures of the implementation on Japanese labor law, the transformation of Poland collective labor law system, local government debt regulation and so forth.
During two-day seminar, scholars and participants at home and abroad gave high appraisal to decision adopted by the fourth Plenary Session of the Eighteenth Central Committee of the Communist Party of China and gave positive affirmation to governing the nation according to law and rule of law China construction achievements in China. From the perspective between rule of law and legal state, between rule of law and market economy, between rule of law and social stability, they demonstrated the role of rule of law in market economy development, social stability and prosperity, by which they had high expectation on future construction on rule of law in China. Moreover, they expressed full understanding and high anticipation to the socialist rule of law with Chinese characteristics. In general, Chinese and foreign scholars launched effective academic exchanges concerning context, connotation, characteristics, paths to rule of law development. In particular, they deepened their academic thought and sparked new ideas on strengthening the implementation of the constitution, perfecting the legislation system, constructing the government under the rule of law, reforming judicial system, applying international treaties, analyzing anti-corruption legislation and presenting public interest litigation theory and practice. They put forward valuable academic point of views, opinions and suggestions and in turn widen the thought for theories and practice on socialist rule of law with Chinese characteristics. Undoubtedly, this symposium has great contribution to the rule of law construction and yielded a complete success.(translated by Peng Heli)