Journal of Shanghai University (Social Science Edition) ›› 2025, Vol. 42 ›› Issue (5): 1-17.

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The Logical Implications of Chinese Modernization of the Rule of Law

  

  1. Institute of Jurisprudence, China University of Political Science and Law
  • Online:2025-09-15 Published:2025-09-22

Abstract:

“The control and constraint of state power through law”constitutes the broadest concept of the rule of law. The general significance of the modernization of the rule of law is that both individuals and the state in modern society are bound by law, requiring their actions to be legally compliant. As a manifestation of this trend, the Chinese modernization of the rule of law inevitably shares common characteristics with global models while exhibiting its own unique traits: namely, the Party leadership and the running of the country by the people. In its historical process, the rejuvenation of the Chinese nation serves as both the driving force and the ultimate goal. The Chinese modernization of the rule of law is grounded in a socialist society with Chinese characteristics

and upholds the unity between the Party leadership, the running of the country by the people, and law-based governance. The CPC leadership is the defining feature of this model. In the process of Chinese modernization of the rule of law, it is necessary to strike a balance between leveraging indigenous legal-cultural resources and drawing upon beneficial foreign legal achievements, which is the key to progressively approaching the ideal state of the universal rule of law as a rational concept.

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