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MayDuring his visit to the Renmin University of China (RUC) on April 25, 2022,President Xi Jinping stated that "Accelerating the development of philosophy and social sciences is, in the final analysis, about constructing China's independent knowledge system". The Third Plenary Session of the 20th CPC Central Committee proposed: "Innovate the project to study and develop Marxist theory, implement an innovation project for philosophy and social sciences, and build an independent knowledge system for Chinese philosophy and social sciences". On the new journey of the new era, we must deeply understand the significance of building China's independent knowledge system in philosophy and social sciences and actively explore it in practice. Law is an important component of philosophy and social sciences, and establishing an independent knowledge system for Chinese legal studies is an essential component of building an independent knowledge system for Chinese philosophy and social sciences.
The independent knowledge system of Chinese legal studies is an integrative concept that specifically encompasses four aspects: a discipline system, an academic system, a textbook system, and a discourse system. Building China's independent knowledge system in law unfolds in these four dimensions, which constitute an organic whole and should develop in parallel. The aim is to establish a holistic and systematic knowledge system capable of correctly interpreting practices, answering questions and meeting demands, and featuring Chinese characteristics, spirit and style and full autonomy.
Strengthening the Development of a Legal Discipline System
Law is a discipline of distinct political and practice nature. In light of the new circumstances, tasks and requirements for advancing law-based governance in all fields and building a country of socialist rule of law, the existing legal discipline system still has many deficiencies. For example, imperfect division of disciplines, insufficient knowledge capacity, underdeveloped emerging disciplines and interdisciplinary subjects, and inflexible adjustment mechanisms.
Building a legal discipline system with Chinese characteristics is a scientific project that must follow the laws governing the evolution of the rule of law civilization, the production of knowledge of law, and the development of socialist rule of law with Chinese characteristics. We must construct a legal discipline system for the new era that keeps pace with the times by adjusting the division of disciplines, expanding the knowledge capacity, vigorously developing emerging disciplines, promoting interdisciplinary development, and refining the mechanisms for adjusting disciplines and majors.
First, advance the adjustment of disciplines and majors. By taking into account factors such as object of study, theoretical and knowledge systems, research methodologies and organizational forms of disciplines, we should optimize the establishment of first-level and second-level disciplines under the law category, and expand the connotations of first-level disciplines. We should appropriately delegate the authority for the establishment of disciplines and majors to allow for more flexible adjustments.
Second, vigorously develop emerging disciplines. These include specialized disciplines focusing on specific areas of social governance, such as Foreign-Related Law, Education Law, Health Law, Climate Law, Maritime Law, and Cultural Law; new disciplines created in response to emerging technology innovations, such as Science and Technology Law, Digital Law, and Artificial Intelligence Law; as well as new disciplines established as a result of the practice of advancing law-based governance in all fields and developing the rule of law system, such as Legislative Science, Judicial Science, Procuratorial Science, and Intra-Party Regulations.
Third, promote interdisciplinary development. Interdisciplinary legal subjects place greater emphasis on the interpenetration of theories and methods across different disciplines, with the aim of forming a compound knowledge system by integrating multidisciplinary research methods. These subjects are often sources of scientific innovation, and may breed major scientific breakthroughs and trigger paradigm shifts in scientific research. From the perspective of talent development, the development of interdisciplinary legal subjects is conducive to the cultivation of versatile, application-oriented legal professionals who meet the demands of technology innovation and the development of new quality productive forces.
Stepping up the Development of a Legal Academic System
To accelerate the development of a legal academic system, we need to develop a fully autonomous academic system by summarizing and distilling the dominant, original and iconic concepts, viewpoints and theories of socialist rule of law with Chinese characteristics. Since the 18th CPC National Congress, the Party and the state have worked to further improve the socialist legal system with Chinese characteristics, and proposed to build a law-based government that meets people's expectations. The reform to "efficiently accomplish one task" has been deepened, the reform of the "three systems" for law enforcement has been launched, and a list-based management system has been established. Governance platforms such as community-level comprehensive public security management centers, law enforcement and case handling management centers, and government service centers have been set up and improved. The building of a law-based society has been accelerated. The "Fengqiao Experience" in the new era has been upheld and renewed, and diversified mechanisms for resolving social conflicts and disputes have been established and refined. These innovative rule of law practices will definitely provide strong momentum and broad space for theoretical creation and academic prosperity. Moving ahead, we should further strengthen the abstraction and distillation of practices, and fully demonstrate the role of academic theories in embodying, interpreting and guiding contemporary rule of law practices.
We must step up the theorization of contemporary rule of law practices and deepen research on the complex and difficult problems in current rule of law practices. In law research, problems often precede theories. Problems that existing theoretical frameworks cannot effectively address or interpret tend to breed new knowledge and theories. This requires us to further strengthen the abstraction and distillation of practices, deepen research on complex and difficult problems in current rule of law practices, and use vivid rule of law practices as the living source of theoretical development. We should leverage a stream of new practices, content and ideas to enrich and develop the legal academic system, thereby ensuring the vitality of knowledge.
We must deepen the modernization of the excellent traditional Chinese legal culture. The Chinese legal system embodies a wealth of governance wisdom. We should, under the guidance of the Marxist legal theory and Xi Jinping Thought on the Rule of Law and through the prism of dialectical materialism and historical materialism, excavate the governance experience reflecting China's unique historical and cultural traditions and ethos from traditional legal culture. At the same time, we must sublate elements that contradict or conflict with the spirit and values of modern rule of law, and genuinely promote the renewal and reconfiguration of the connotations and expressions of traditional legal culture, so that it can fulfill new functions in the new era.
We must draw on the achievements of other rule of law civilizations. In building China's original legal academic system, we should draw on the achievements of other rule of law civilizations, and translate them into organic components of this system. From the perspective of how new knowledge of law emerges, the introduction of new materials and resources is a necessary condition for the formation of a new, original legal academic system. In this sense, external academic resources are beneficial to innovation in the domestic academic system.
Accelerating the Establishment of a Law Textbook System
Textbooks are not only vehicles for knowledge in a discipline, but also the culmination of academic research and the fundamental basis of curriculum design and teaching activities. "Textbooks are the primary vehicles for disseminating knowledge; they embody the values system of a nation and a people, and serve as essential tools for teachers in teaching and students in learning," emphasized President Xi Jinping. The same holds true for law textbooks, which carry the vital functions of guiding values, imparting knowledge and cultivating capabilities. Law textbooks are directly linked to the fundamental questions that law education addresses - "what kind of people should be cultivated, how they should be cultivated, and for whom they should be cultivated". To cultivate high-quality legal professionals, we must have excellent law textbooks.
In recent years, under the planning and organization of competent authorities such as the Publicity Department and the Commission for Political and Legal Affairs of the CPC Central Committee, the Ministry of Education (MOE), and the China Law Society, legal scholars and practitioners have worked together with one heart and one mind to compile law textbooks under the project to study and develop Marxist theory (hereinafter referred to as the "Marxism Project"). They have advanced the integration of Xi Jinping Thought on the Rule of Law into core law textbooks, and promptly revised existing textbooks. Among these textbooks, high-quality ones including Introduction to Xi Jinping Thought on the Rule of Law and Chinese Constitutional Theory in the New Era have organically incorporated the new concepts, categories and theories contained in Xi Jinping Thought on the Rule of Law. These textbooks represent the latest achievements in the Party's theoretical innovation, consolidate the core position of key "Marxism Project" textbooks in the construction of the law textbook system, and constitute a series of Chinese law textbooks with Chinese characteristics, style and spirit. In the future, we must compile and make a good use of high-quality key "Marxism Project" textbooks and state-planned textbooks, promptly revise existing law textbooks, lay emphasis on the compilation of textbooks for emerging interdisciplinary subjects, and actively promote the organic integration of Xi Jinping Thought on the Rule of Law into core law textbooks, thus building a high-quality law textbook system.
Promoting the Development of a Rule of Law Discourse System
The rule of law discourse system is an integral part of the knowledge system in law. It serves as a condensed version of China's rule of law model and path, and the core vehicle for telling China's rule of law story well and spreading China's voice on the rule of law. Since the 18th CPC National Congress, many original new concepts have been put forward in China's rule of law sector. The primary task in the development of a rule of law discourse system is to provide theoretical interpretations and academic expressions of these new concepts, incorporate them into a system, and communicate them globally. We must not only summarize China's experience in rule of law system development and practice, tell China's rule of law story well, and enhance the international influence and discourse power of China's rule of law system and theory, but also actively participate in the global governance system reform and construction. This will help convey China's concepts and propositions on the rule of law to the international community, and contribute Chinese wisdom to the development of more democratic and law-based global governance rules.
In building China's independent knowledge system in law, we must not be close-minded, rigid or self-assertive. Instead, we should integrate both domestic and international resources, "be adept at distilling iconic concepts, create new concepts that can be easily understood and accepted by the international community, while focusing on addressing the predicament of "being unable to make our voice heard or amplify it". In the future, we should strengthen collaboration among legal research and teaching institutions, legal practice sectors and authoritative media outlets. Together, they should work on the three-pronged mission of "theoretical interpretation - system establishment - international communication", promote the international communication of China's independent knowledge system in law, and contribute a Chinese solution to addressing the common challenges facing humanity.
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