Professor Li Lin: Key and Difficult Issues in Comprehensively Advancing the Rule of Law in China

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On May 10, 2017, Professor Li Lin, Director of CASS Law Institute and Vice Chairman of China Law Society, gave a lecture entitled “Key and Difficult Issues in Comprehensively Advancing the Rule of Law in China” at the “High-End Lecture Series in the Fields of Humanity and Social Sciences”, jointly organized by CASS, Shanghai Academy under the People’s Government of Shanghai Municipality, and Shanghai University. In the lecture, Professor Li pointed out that currently the construction of the rule of law in China is undergoing a major transition from the construction of a system of law to the construction of a system of the rule of law. In this process, the legal profession will play an increasingly prominent role in the implementation and observance of the Constitution and laws, and in safeguarding and supervising over the implementation observance of the Constitution and laws. With respect to path dependence of comprehensive advancement of the rule of law, Professor Li emphasized “the Four Adherences”. China should, on the one hand, adhere to the simultaneous advancement of ruling the country by law, exercising the ruling power by law, and administration by law; on the other hand, adhere to the integrated construction of a law-based country, a law-based government and a law-based society. Meanwhile, China must also adhere to scientific legislation, strict law-enforcement, fair administration of justice, universal observance of law, as well as to the strategy of comprehensively carrying out the work of leading the legislation, ensuring law enforcement, supporting administration of justice, and taking the lead in observing the law. In order to advance the rule of law, it is necessary first to strengthen the construction of a law-based government, deepen the reform of administrative system, and reinforce the results of reform through legislation. Secondly, China needs to establish a positive list, a negative list and a list of responsibilities of government administration. He said that: “The advancement of ruling the country by law has been elevated to the high of state strategy. It is no longer a pure question of technique or legal means. Comprehensive advancement of ruling the country by law is an active yet prudent, step-by-step reform carried out under the framework of the Constitution and on the track of the rule of law.”