The Chinese have created the concept of “humanity, reason and law” and developed a mentality around it. Since Confucianism was highly valued in the Han Dynasty, especially during the Han, Wei, and Six Dynasties periods, the exploration and analysis of “humanity and reason” in judicial practice has been widespread. This has led to the “filtering” and examination of laws based on “humanity and reason.” The objective aspect of “humanity” refers to the facts and circumstances of a case, extending to the latent emotions of the people involved. Confucian scholars proposed the principle of “judging a case based on its original sentiments and emotions.” The subjective aspect of “humanity” refers to sentiment and emotion, such as the “willingness” or “unwillingness” of both parties in a divorce case. The combination of the objective and subjective aspects of “humanity” together with their “reason” form the essence of “humanity, reason and law” and is the main content of this concept. “Humanity, reason and law” serves as both a principle of legal formulation and a method of application and interpretation. In modern times, SHEN Jiaben and XIE Juezai were pivotal in the development of “humanity, reason and law” mentality. SHEN Jiaben facilitated the transition from tradition to modernity, while XIE Juezai integrated ancient and excellent traditions into revolutionary legal practices, giving it a modern significance.

As an important accomplishment of self-governance exploration for the Chinese nation, the Chinese legal system has contributed significantly to human rule-of-law civilization, and should be reinterpreted from three dimensions: historical tradition, prevailing practice, and future development. Following the constant logic of rule-of-law development in China, Chinese rule-of-law modernization marks a new era of the Chinese legal system and is a specific embodiment of Chinese modernization in the domain of rule of law. The Communist Party of China (CPC) has explored the China’s socialist rule-of-law practice with Chinese characteristics, carried forward the essence of fine Chinese rule-of-law culture, and learned from others’ important rule of-law achievements, modernizing the rule of law for the needs of China. Furthermore, XI Jinping Thought on the Rule of Law, adapting to the times to promote the great rejuvenation of the Chinese nation, understands and grasps the basic laws of national governance, the laws of socialist rule-of-law building and the principles of law-based humane civilization development. The Chinese legal system has thereby been revised and expanded through linking history with reality, the international scene with the domestic one, and theory with practice. Surely, the updated Chinese legal system with China characteristics and with world significance will return to global centre-stage in rule-of-law development. Also, the updated Chinese legal system in the new era will embrace the revival of Chinese rule-of-law civilization, while the Chinese rule-of-law modernization will advance the great rejuvenation of the Chinese nation.

The 5000-years uninterrupted Chinese legal culture embodies the political and legal wisdom of the Chinese nation and is a source of pride for the Chinese nation. It has provided extremely rich resources and treasures for the construction of socialist rule of law with Chinese characteristics. It has been inherited vertically, evolved intergenerationally and reserved continuously. Originating from both the historical legal system and from Marxist historical materialism, the Chinese legal system has profoundly influenced neighboring countries. The comprehensive governance of politics, law, and morality in ancient China, as reflected in the Rites of Zhou, a book of the Western Zhou Dynasty (1027-771 BC) on cultural ideology and political structure, provides an early work on the governance of ancient China. Chinese legal culture has remained progressive, and with the great rejuvenation of the Chinese nation, it is now important to promote Chinese legal culture for construction of the Chinese legal system in the new era.

Advancing the rule of law in domestic and foreign-related affairs in a coordinated manner is a significant strategic measure put forward by the Communist Party of China and the Chinese government amid global changes of a magnitude not seen in a century. It is an important content of XI Jinping Thought on the Rule of Law and also a new practice facing China’s high_x0002_level opening up. To further explore and clarify the basic theory and approach of cultivating high-quality talents in the rule of law in foreign-related affairs, this article analyzes and summarizes the practice of foreign-related rule of law in the context of globalization. This is done from the perspectives of territory, normative, subject, and legal application dimensions. Key factors include the significant differences in official languages and legal cultures between jurisdictions, the closure of the legal profession admission mechanisms, and the inter-disciplinary requirements for talents praticing the rule of law in foreign related affairs. For this reason, the path for talent cultivation in this field in China for the new era can be explored through clarifying requirements for training and qualification, strengthening international cooperation, and building a multi-level mechanism for the cultivation and utilization of talents practicing the rule of law in foreign-related affairs.

Currently, research on the Chinese legal system is flourishing, and more and more issues are worthy of exploration. The Chinese legal system is unique among the five major legal systems in the world. It is the only ancient secular legal system, and the only ancient secular legal system to have been disseminated by non-coercive means. The openness of the Chinese legal system is a powerful proof that traditional Chinese law plays a role in importing and exporting legal policies and measures from and to other states. Indeed, these issues are important in research on the Chinese legal system, and a correct understanding of them can help to comprehensively understand traditional Chinese legal culture. It is essential to deepen the research on the Chinese legal system to contribute to its revival and to the inheritance of traditional Chinese legal culture. In addition to comprehensive discussions, it is also necessary to fill gaps and advance the research on the Chinese legal system.

1.HAO Tiechuan, 中华法系的创造性转化 (Creative Transformation in Chinese Legal System), 1 东方法学 (Oriental Law), 13–25 (2022). Abstract Through the analysis of 18 characteristic cases in the current Chinese rule of law system, it is pointed out that the creative transformation of the Chinese legal system is an important way to form a characteristic of the current Chinese rule of law. Through the analysis of 102 aspects of the Chinese legal system, it is pointed out that if feudalistic content is eliminated, other contents of the Chinese legal system can be creatively transformed. Therefore, to carry out the creative transformation of the Chinese legal system, we must transform from unconscious and subtle changes to conscious and rational choices. The reference standards for the creative transformation of the Chinese legal system are: First, the socialist core value system and socialist core values. Second, the modern rule of law thinking and basic values of the rule of law. Third, the relevant international human rights conventions that China has participated in. The operating methods of the creative transformation of the Chinese legal system mainly include basic inheritance, partial inheritance and new interpretations of old words. China is the only survivor of the four major ancient civilizations in the world. The Chinese legal system is the only one that has no religious background and is human-oriented. Therefore, realizing the creative transformation of the Chinese legal system is an unshirkable historical mission.

CHEN Sisi, “春秋决狱”形成的法律文化模式及其功能 (The Legal Culture Model and Its Functions Formed from “the Judgment of Chunqiu”), 12 学术探索 (Academic Research), 95–107 (2022) .

Legal practices from ancient to modern times have shown that law is closely related to language and writing. To compensate for the inherent uncertainty of language and writing, current laws use relatively sophisticated textual expression structures. Most of the lofty slogans and principles introduced from the West is nothing but a vain name and brings substantial harm. The concepts, systems, legislative techniques, and legal texts of traditional law have specific critical and reference significance for today’s legislation. It is especially significant for us to be vigilant about the reflection of traditional law on legal modesty.

The family system has always been effective in maintaining basic social order at the grassroots level in traditional Chinese society. At the beginning of the 20th century, Chinese society underwent tremendous changes, and traditional Chinese law was modernized; the family system became the most contested point of conflict between tradition and modernity, forcing lawmakers to be particularly cautious in making legal modernization. During the modern period, the political power struggles of various warlords led to chaos and disorder across the entire social legal system, yet legislative construction never ceased, and the legal modernization of traditional family systems became the focus of legislative endeavors for maintaining basic social order.

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The notion of “rule of law in foreign-related affairs” signifies a critical innovation and evolution in the theory and practice of socialist rule of law with Chinese characteristics. It underscores the pivotal role of rule of law in foreign-related affairs in the law-based governance and presents new topics for the theoretical study for rule of law. A precise comprehension of “rule of law in foreign-related affairs” necessitates tracing its origins and elucidating its correlations with both “rule of law in domestic affairs” as well as with “international rule of law.” Acknowledging both domestic and international prerogatives, while holistically advancing law-based governance, constitutes the foundational rationale behind “rule of law in foreign-related affairs.” In addition, the cognitive transition from a “socialist legal system” to the “socialist rule of law” forms a theoretical foundation for the rule of law in foreign-related affairs. Although national governance and global governance, as well as the rule of law in domestic and foreign-related affairs fall under distinct governance categories and legal systems, they are interconnected, mutually influential, and integrated. As a component of national rule of law, the rule of law in foreign-related affairs acts as a bridge between the two independent legal systems of the rule of law in national affairs and international rule of law. It is imperative to promote a harmonized advancement of the rule of law in domestic and foreign-related affairs, thereby expediting the strategic deployment of the rule of law in foreign contexts. This strategy more effectively safeguards national sovereignty, security, and developmental interests while contributing to build a human community with a shared future.

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Stepping up legislation in the foreign-related field is a foundation and prerequisite for advancing the rule of law in domestic and foreign-related affairs in a coordinated manner. It is also an important link in the promotion of the socialist legal system with the Constitution as the core, as proposed in the Report to the 20th National Congress of the Communist Party of China (CPC). Since China introduced the reform and opening_x0002_up policy in 1978, China’s legal system in the foreign-related field has evolved from initial formulation to mature framework, and China’s legislation in the foreign related field has maintained distinct Chinese characteristics and contemporary features. Currently, China’s legislation in the foreign-related field focuses on national security and on high-level opening-up. It continuously strengthens the connection of the rule of law in domestic affairs with that in international affairs, and consistently promotes the China’s legal system of extraterritorial application. Furthermore, legislation in the foreign-related field in China still has issues to address, which include the inconclusive status of international treaties within the legal system, a relatively conservative domestic approach in exercising extraterritorial jurisdiction, and a limited scope of legal liability. To better respond to the need of legislation in building a human community with a shared future and to enhance China’s right to international legal discourse in global governance, China needs to move faster to introduce the Law on Foreign Relations of the People’s Republic of China. This law should reflect the basic positions, principles, and policies that China upholds in matters of foreign relations, as highlighted in the Report to the 20th CPC National Congress. Furthermore, China should continue to improve legislation in key areas of national security and increase the pre existing punitive measures for responding to actions that harm national security both domestically and internationally. Legislation should also be strengthened to counter sanctions and interference, and supporting measures should be adopted to ensure the effect of relevant legislation. In the field of foreign economic and trade relations, China should incorporate high standard international economic and trade rules in relevant legislations, and should legalize the replicable and promotable legal rules in the building of free trade zones. Additionally, the existing jurisdictional system and international commercial dispute resolution system should be promoted.

The call to advance the rule of law in foreign-related affairs is an important component of China’s strategic move to a great modern country. In modern times, Western countries have applied rule of law practices in their modernization, demonstrating the values of a sound rule of law system for national strength. In particular, the rule of law, extended beyond national borders, provides a crucial guarantee for a great modern country’s sustained, stable, and healthy path, and is also a clear symbol of a country’s soft power. As China is progressing to become a great modern country, there is a need to pay a particularly close attention to the rule of law, actively promoting the legalization of foreign-related work. China’s stance on the rule of law in foreign_x0002_related affairs should include both a principle of defending its core interests and a principle of advocating shared values and of promoting mutually beneficial cooperation. In the context of this era, China’s international law professional community should delve into appropriate models that can facilitate smooth progress on the path to modernization, further enhancing the rule of law in China and the successful emergence of a great modern country.

Abstracts

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The integration of Chinese modernization and rule of law has given rise to the Chinese modernization of the rule of law. In terms of the concept building, Chinese modernization of the rule of law is a synthesis of rule of law in China, modern rule of law, and Chinese style. In terms of the target model, Chinese modernization of the rule of law maximizes efficiency through the building of unique rule of law system and the integration of the rule of law country. In terms of the core principles, Chinese modernization of the rule of law could be interpreted and explained from five aspects: subject scale, value positioning, civilization form, spatial dimension, and global perspective. Essentially, the Chinese modernization of the rule of law comprehensively highlights the nine intrinsic requirements of Chinese modernization, thus providing strong guarantee for its accomplishment. With regard to the form of civilization, Chinese modernization of the rule of law has created a new form of human rule of law civilization, in terms of subject, object, content, and path, and can be considered to be a development_x005f based new form of rule of law advancement.

Chinese modernization should be utilized to advance the great rejuvenation of the Chinese nation on all fronts and build a modern socialist country in all respects under the rule of law. Building a modern socialist country under the rule of law requires coordinated steps to promote the rule of law around the needs of socialist modernization and integrate the process inseparably with various social undertakings. The promotion of the rule of law in all aspects is essentially a matter of comprehensive law-based national governance and social management. Such promotion should follow the new requirement of exercising law-based governance on all fronts, respond to the new expectations of the people for the rule of law, and promote the rule of law in China with higher standards, thereby advancing the socialist rule of law system and the rule of law China with Chinese characteristics.

The essence of Chinese modernization of the rule of law is to promote a modern legal system in China. The approach to Chinese modernization of the rule of law refers to the Chinese approach to promoting a modern legal system. By comprehensively reviewing the history and reality, theory and practice, and actual and desirable aspects of Chinese modernization of the rule of law, we can summarize the Chinese approach to promoting a modern legal system. This approach contains various elements, including a leadership system for the rule of law with centralized and unified leadership by the Central Committee of Communist Party of China, a rule of law virtue principle of putting the people first, a functional orientation of the rule of law toward national governance, and a historical-legal consciousness that inherits fine traditional Chinese legal culture. These key elements play a prominent role and can effectively showcase the Chinese approach to promoting a modern legal system. Describing such a Chinese approach not only helps to summarize the fundamental experience of Chinese modernization of the rule of law but also showcases the Chinese logic and Chinese characteristics in this modernization process.

Bibliography

Foreign-related affairs are international relations considered from a domestic perspective, and their governance models vary over time. War has long been a decisive approach to handling international relations. With the Charter of the United Nations requiring peaceful resolutions of international disputes and general banning use of force or threat of force to address international affairs, international relations have been placed on a track of legal governance. Governance of foreign-related affairs has to be formalized, although the associated legal governance model still has a close relationship with other models, and the domestic context plays a great role in this. Legal governance can adopt an approach to international law, domestic law, and policy coordination. The legal governance of China’s foreign-related affairs can be regarded as the rule of law applied to foreign-related affairs. To exercise foreign_x0002_related laws, China should advance the rule of law in domestic and foreign related affairs in a coordinated manner, appropriately exercising extraterritorial application and jurisdiction, safeguarding national sovereignty, security, and development interests, as well as common values of humanity, and building a human community with a shared future.

Abstracts

One of the significant theoretical contributions of the Report to the 20th National Congress of the Communist Party of China (CPC) is a well-conceived systematic Chinese modernization theory, which is developed based on the profound summarization of the successful experience of Chinese modernization, and on the modernization theories of China and other countries. Chinese modernization of the rule of law, a section of the law_x005f based Chinese modernization, focuses on the subject of rule of law. Breaking the myth of Western centralism, it creates a new model of modernization of the rule of law and produces a revolutionary effect on the modernization of the rule of law modernization in the world. It presents distinctive Chinese features and Chinese vision. Led by the CPC, it is an independent exploration, people-centered, organized, and planned, and has lofty value goals. Driven by modern science and technology for world peace and development, the principal task of Chinese modernization of the rule of law is to create a system of socialist rule of law with Chinese characteristics and a new form of human advancement of the rule of law. Its great mission is to build China into a modern socialist country in all respects under the rule of law, ensuring that the rule of law runs through all areas and aspects of national governance and construction, so that building China into a great modern socialist country with the high-quality rule of law can be guaranteed.

The rule of law in foreign-related affairs breaks down the distinction between domestic law and international law, as well as between the rule of law in domestic affairs and that in international affairs, providing a bridge for China to build law_x0002_based governance and to reform the global governance system for the new era. The extraterritorial application of domestic law can lead to legal conflicts between nations and conflicts between domestic law and international law. The principle of extraterritorially applying domestic law should be based on not violating the prohibitive provisions of international law and resolving legal conflicts through the conclusion of international treaties or negotiations. In the systematic undertaking of taking a coordinated approach to the rule of law in Chinese domestic and foreign related affairs, the building of China’s system of extraterritorial application of domestic law should be accelerated under the unified leadership by the Communist Party of China, with legislative, executive, and judicial authorities performing their respective duties. This building should be based on multilateralism, taking into account the legitimate concerns of other countries, and with the bottom line of not violating the prohibitive provisions of international law, and should be promoted with a balanced approach considering both “offense” and “defense.”

Book Excerpt

Chinese modernization of the rule of law is an important dimension of Chinese modernization; it has some commonalities with the rule of law modernization of all countries but it is more characterized by features that are unique to the Chinese context. The prominent feature that constitutes the Chinese characteristics, Chinese style, and Chinese model, is the adherence to the path of socialist rule of law with Chinese characteristics. It is this feature that determines the difference with Western rule of law modernization. Representing a new form of human rule of law civilization, the Chinese_x005f style primarily features the building of a socialist law-based country, government, and society, including centralized, unified, authoritative, and efficient Chinese-style national supervision, as well as the dual existence of constitutional review by the Communist Party of China (CPC) and by the state. Chinese modernization cannot be made possible without the rule of law being modernized and serving as a safeguard. Comprehensive promotion of the rule of law is an overriding approach, and two methods have to be followed specifically: firstly, construction of a modern socialist country in all aspects under the rule of law, and secondly, performance of all work of the state under the rule of law.