MA Huaide: Rooting in the Fertile Soil of Practice, Nurturing a Culture of the Rule of Law

Ten years ago, President Xi Jinping delivered an important speech at a symposium on philosophy and social sciences, charting the course for their development in the new era and providing fundamental guidance for their advancement. Building an independent knowledge system for Chinese jurisprudence requires adhering to the guiding principles set out in President Xi Jinping's important speech, closely aligning legal scholarship with the major strategic priorities of the Party and the country, grounding research in practice, nurturing a culture of the rule of law, and cultivating outstanding talent for the new era. In doing so, legal scholarship can make a solid contribution to building a strong country and advancing national rejuvenation.

Advancing theoretical innovation by addressing China's real-world challenges. President Xi Jinping has emphasized the need to "draw on the practice of China's reform and development to uncover new material, identify new problems, put forward new ideas, and develop new theories." Every breakthrough in China's practice of the rule of law raises new questions for legal scholarship. Administrative law offers a case in point. Given the distinctive characteristics and complexity of government governance in China, the limitations of the concept of "administration according to law" have become increasingly apparent. Drawing on new practical experience and responding to emerging challenges, scholars have further developed the theory of a government governed by the rule of law. Another example is that, with the growing prevalence of algorithms and automated decision-making, the traditional principle of “due process” faces the risk of becoming ineffective under the influence of the “algorithmic black box.” In response, scholars have proposed the original concept of "technological due process," seeking to embed rule-of-law requirements such as transparency, explainability, and reviewability into technological systems. This process of translating Chinese practice into an independent theoretical framework is about moving beyond an intellectual dependence on established external paradigms and developing concepts rooted in China's own experience to explain China's path. It is a means of achieving genuine innovation in knowledge, theory, and methodology.

Cultivating outstanding talent for the new era by integrating knowledge and practice. President Xi Jinping has pointed out that "legal education must properly balance the teaching of knowledge and practical training." Students must understand not only the law as set out in textbooks, but also how the law operates in practice. We established the School of Foreign-Related Rule of Law to innovate talent development models and strengthen practical training. Our aim is to cultivate professionals in foreign-related rule of law who possess strong political credentials, can integrate sound theoretical grounding with practical competence, and combine an international outlook with a firm commitment to China's national position. These professionals should be equipped to participate effectively in global governance and play a key role in safeguarding China's sovereignty, security, and development interests.

Nurturing a culture of the rule of law by strengthening legal awareness. Nurturing a culture of the rule of law depends on strengthening legal awareness throughout society and fostering an environment in which people act in accordance with the law, turn to the law when problems arise, use the law to resolve problems, and rely on the law to settle disputes and defuse conflicts. Only by consistently grounding decisions and actions in legal authority, reason, due process, and evidence can universities achieve good governance through law-based administration. For example, universities can establish platforms that ensure complaints and requests are addressed promptly, bringing the handling of concerns raised by students with relevant university administrative departments into a formal institutional framework. Such a mechanism is, in itself, a vivid lesson in the practical application of the rule of law. Through its subtle and lasting influence, it sows the seeds of respect for rules and procedural justice in students' minds, encouraging them to become active practitioners and steadfast guardians of socialist rule-of-law culture.

Original  Link:[Renmin Daily] Rooting Legal Scholarship in Practice and Nurturing a Culture of the Rule of Law