I. The path of the socialist rule of law with Chinese characteristics: What are the Chinese characteristics？

As superstructure, rule of law is determined by economic base. It is a kind of governance mode developed under certain economical, political and cultural conditions. There exists no path of rule of law that works in all countries of the world. Obviously, countries with different social systems follow different paths of rule of law. Even countries with similar social systems, their path of rule of law might differ due to their respective historical and cultural traditions. Throughout the modern history of the world, capitalist countries, such as Britain, France and America, have chosen different paths of rule of law based on their respective historical and cultural traditions and social conditions. Globally speaking, countries that adjust the rule of law to suit their local conditions are more likely to succeed, while countries blindly copy the mode of other countries irrespective of their own reality will inevitably suffer from setbacks.

On account of historical experiences and lessons, the Fourth Plenary Session of the 18th Central Committee of the CPC states that we must follow the path of socialist rule of law with Chinese characteristics in the course of advancing the rule of law comprehensively. The plenary session has grasped the basis of legal construction in China and announced our direction of the rule of law to home and abroad.

The path of socialist rule of law with Chinese characteristics is an important part of socialist path with Chinese characteristics in the field of legal construction. The path of socialist rule of law with Chinese characteristics is rich in content in that it points out the targets, direction, experiences, principles, tasks and requirements for the building of rule of law in China. To be more specific, it mainly contains the following eight aspects.

Firstly, socialist system with Chinese characteristics is its system foundation. Secondly, the CPC is the core of leadership. Thirdly, its guiding ideologies include Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the important thought of Three Represents, the Scientific Outlook on Development and guiding principles of Comrade Xi Jinping's important speeches. Fourthly, its overall target is to build the socialist legal system with Chinese characteristics and build a country under the socialist rule of law. Fifthly, its general requirement is that we must ensure the unity of the three aspects—the leadership of the Party, the position of the people as masters of the country and law-based governance. Sixthly, its basic principles are upholding the leadership of the Party，maintaining people's principal position in the country, making sure all are equal before the law, ensuring the combination of rule of law and rule of virtue, and proceeding from the reality of China. Seventhly, its overall arrangements are the joint development of rule by law, governing by law and administrating by law, and the integrated construction of a legal state, a law-based government and a lawabiding society. Finally, its general direction is to make laws in a scientific way, enforce them strictly, administer justice impartially, ensure that everyone abides by the law, and promote the modernization of national governance system and governance ability.

Generally speaking, the core of the path of socialist rule of law with Chinese characteristics is to stick to the leadership of the Party and the socialist system with Chinese characteristics, and carry out the theories of socialist rule of law with Chinese characteristics. This path is known for its distinct features and unparallel advantages. But what on earth are the characteristics of this path? Summarizing the opinions of the theoretical cycle, we may conclude that this path reflects the following “unities”.

Firstly, it reflects the unity of the leadership of the Party, the position of the people as masters of the country and law-based governance. Different from the relationship among party, democracy and rule of law in the West, the unity of the leadership of the Party, the position of the people as masters of the country and law-based governance is the most distinct feature of socialist rule of law with Chinese characteristics. The leadership of the Party is the fundamental guarantee for people's principal position and rule of law, without which, people's status and governance by law will lose their direction. The position of the people as masters of the country is the essence and core of socialist democracy, without which, the leadership of the Party and the governance by law will lose their mass base. Rule of law is the basic strategy for people to administrate the nation under the lead of the Party, without which, the Party's leadership and the people's status will lose their dependable legal protection. Only through the unity of the leadership of the Party, the position of the people as masters of the country and law-based governance will we grasp the spirit of the socialist rule of law with Chinese characteristics.

Secondly, it reflects the unity of law-administrated nation, law-based government and law-abiding society. Administrating a nation by law means the legalization of the national power operation. Law-based government means the legalization of the executive power. And law-abiding society means that there should be laws to go by in the economical and social life, the laws should be strictly observed, and citizens and legal persons should respect the laws and safeguard the authority of the laws. Nation, government and society are closely related and inseparable. Correspondingly, law-administrated nation, law-based government and law-abiding society are interdependent and complementary. A nation administrated by law is the precondition for building a law-based government. A law-based government is the key for ruling a nation by law. Law-administrated nation and law-based government guide the building of a law-abiding society, and lawabiding society forms the social base for law-administrated nation and law-based government. The path of socialist rule of law with Chinese characteristics reflects the requirement of the unity of law-administrated nation, law-based government and law-abiding society.

Thirdly, it reflects the unity of rule by law, governing by law and administration by law. The unity of rule by law, governing by law and administration by law is a logic extension of the unity of lawadministrated nation, law-based government and law-abiding society. Governing by law is a governing method of the Party in line with the concept, method and procedure of the rule of law. Administration by law requires that the administrative body and the personnel should exercise the power based on the Constitution and the laws. Rule by law, governing by law and administration by law, though different in their behavioral agents, are activities accord with the requirements of the Constitution and the laws, and are concrete embodiments of the rule of law.

Finally, it reflects the unity of Chinese reality and the achievements of rule of law worldwide. Following the path of socialist rule of law with Chinese characteristics means that we should develop ourselves based on Chinese reality. However, it does not mean that we cannot borrow the successful experiences from other countries. Rule of law is an important achievement of political civilization and it is a symbol of civilization progress. Since modern times, the important concepts, such as governing by law, restriction of power, equality before the law, liberty of contract, legally prescribed punishment for a specific crime, and due process of law, formed in the West based on the enlightenment thought are important achievements of the legal civilization worth learning from. However, the concepts and modes of the rule of law in the West are not universally applicable and it is by no means the only path of developing the rule of law. Therefore, we shall not indiscriminately imitate their concepts and developing modes.