Professor Li Honglei: The Rule of Law and the Rule of Virtue Are Inseparable from Each Other

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On December 9, 2016, the Politburo of CPC Central Committee held a collective study session on the rule of law and the rule of man in Chinese history. In a speech given at the meeting, Party Secretary-General Xi Jinping pointed out that the law is the criterion that must be observed at all time whereas morality is the foundation that should not be ignored at any time. Under the new historical condition, the CPC must adhere to the combination of the rule of law and the rule of virtue so that the two can supplement and complement each other and jointly promote the modernization of the system and the capability of state governance. Recently the newspaper Chinese Social Sciences Today interviewed a number of legal experts in China, including Professor Li Honglei, a research fellow at CASS Law Institute, on the significance of Secretary-General Xi Jinping’s speech at this meeting.

In the interview, Professor Li Honglei pointed out that law and moral are both important social norms. However, as far as modern state governance is concerned, there is an order of priority between law and morality. The rule of law is the basic mode of state governance, whereas the rule of virtue serves as the support and supplement to the rule of law. It should be pointed out that, just as the rule of law emphasizes the observance of law by the subjects of public power, the rule of virtue also emphasizes the conscientious observance of moral code by civil servants in handling public affairs.

Law has its inherent limitations, such as indeterminacy and being lagged behind social development. Both historical and current situations have showed that the rule of law cannot be successfully established by relying only on external supervision, but high importance must also be attached to role of conscience and morality. People who have an excellent knowledge of law but no morality will only abuse and bend the law to harm social fairness and justice. Law can be truly observed only when they are transformed into inner consciousness. Therefore, it is necessary to give full play to the role of morality in supporting the rule of law and to create a social atmosphere in which abiding by the law is honorable and violation of the law is shameful.

China must give full play to the role of industrial associations, and social self-disciplinary organizations in the adoption and implementation of professional codes of conduct. In order realize the coordination between the rule of law and the rule of virtue, China must attach equal importance to the normative role of professional ethics whiling strengthening the safeguarding role of legal institutions. The law is the bottom line and the safeguard of morality. China must apply the rule-of-law thinking and methods to solve the prominent problems in the moral domain by investigating the legal responsibilities of those who have crossed the bottom line of public morality.