Think Tank

The Historical Materialist Interpretation of 'Significant Reforms Based on Law'

2025-10-31   

In the process of further deepening the reform in an all-round way, reform and the rule of law are a pair of major relationships that must properly coordinated. General Secretary Xi Jinping has made a series of important statements on this issue, and "the major reform has legal basis" is an important original proposition. As an content of Xi Jinping's thought of rule of law, this proposition is the latest achievement of the Sinicization and modernization of Marxist rule of law theory. Based the basic standpoint of historical materialism, it is of great significance to scientifically explain the theoretical logic and development path of "the major reform has legal basis" in promoting the further deep of reform in an all-round way. 

The context in which the phrase "major reforms are legally grounded" appears
Since the 18th National Congress the Communist Party of China, the deepening of comprehensive reform and the rule of law has been a major theoretical and practical issue. General Secretary Xi Jinping has put forward a series important statements such as "reform and the rule of law complement each other and are born together", which profoundly elaborates the dialectical unity of reform and the rule of law and provides fundamental guidance for coordinating the relationship between reform and the rule of law in the new era. In November 2013, General Secretary Xi Jinping proposed at Second Plenary Session of the 18th Central Committee of the Communist Party of China that "all major reforms should have legal basis". Since then, at important meetings such the Fourth Plenary Session of the 18th Central Committee of the Communist Party of China, the Third Plenary Session of the 19th Central Committee of the Communist of China, and the Third Plenary Session of the 20th Central Committee of the Communist Party of China, the phrase "major reforms are legally grounded" has been repeatedly.
The so-called "major reforms are legally grounded" means that major reforms should have legal basis, and its core meaning focuses on the dimension of the legitimacy of major. The context in which this proposition appears is that major reforms occupy an important position in the deepening of comprehensive reform and are related to the overall reform. Coordinating the relationship between reforms and the rule of law constitutes the premise of deep interaction between deepening comprehensive reform and comprehensively governing the country according to law. Theoretically speaking, there is a profound internal between major reforms and the rule of law, but there are also obvious differences in specific forms. Major reforms are essentially creative practices that break through the existing pattern, while the core of the rule of law is to maintain the stability of social order with established norms. The coordination of the relationship between the two faces the contradiction between variability and stability. How to coordinate contradiction has become a theoretical issue that must be answered to promote deepening comprehensive reform and comprehensively governing the country according to law. In practice, there are still phenomena of promoting major at the expense of legitimacy. This approach will not only undermine the foundation of the construction of the rule of law in China and hinder the implementation of the strategy of comprehensively governing the according to law, but may also lead major reforms into chaos due to the lack of legal protection, resulting in the failure of the purpose of major reforms. Coordinating the relationship major reforms and the rule of law has become a practical issue that must be resolved.
The theoretical logic of "major reforms based on the law"
As one of the coreitions of the latest achievements in the Sinicization and modernization of Marxist theory of rule of law, "major reforms based on the law" is based on the theoretical underning of historical materialism. Only by standing in the perspective of historical materialism can we reveal the theoretical logic of why major reforms "should" and "can" be based on law.
Firstly, major reforms and the rule of law are deeply integrated in fundamental values. Major reforms are essentially the inevitable choice to solve the deep-seated contrad faced by development, which ultimately points to the realization of the people's desire for a better life. Marx and Engels pointed out in "The German Ideology" that individualsmust construct their forces into the state, and also make their will, which is determined by these specific relations, have the general form of expression of the state will, that is, the law." The socialist rule of law system with Chinese characteristics is essentially the expression of the will determined by the common interests of the people. Major reforms and the rule of are deeply integrated in fundamental values. As General Secretary Xi Jinping emphasized, "To promote any major reform, we must stand on the position of the people to grasp and deal with major issues involved in the reform, and we must start from the interests of the people to plan the reform strategy and formulate the reform measures." "We must adhere to the rule law for the people, rely on the people, benefit the people, and protect the people."
Secondly, the guarantee function of the rule of law determines that major must be based on the law. Historical materialism holds that law is determined by the mode of social production and the form of social interaction, but at the same time has a dynamic on social development. General Secretary Xi Jinping emphasized that "the rule of law must play a better role in consolidating the foundation, stabilizing expectations, and benefiting the long." Specifically, the rule of law can consolidate the foundation through fundamental systems, basic systems, and important systems, etc., which are legal norms with compulsory force, ensure major reforms always adhere to the socialist direction; can establish a complete system of behavior norms and legal operation procedures to stabilize expectations, ensure that major reforms are always controllable; and can provide institutional norms with long-term consideration and long-term applicability to guarantee the long term, ensure the continuous progress of major reforms, and maintain long-term stability of the country Major reforms have a "pull the trigger and move the whole body" effect, and the role of the rule of law is not to be underestimated.
Finally, the historicity of law means that it is realistic for major reforms to have legal basis. The phrase "major reforms have legal basis not only means that major reforms should seek the support of existing legal basis, but also means that legal reforms should be carried out in time when necessary. Historical materialism holds that law not an absolute spirit that eternally exists, but a social consciousness rooted in the social mode of production and the form of social interaction. "Law, legislation, etc., are a sign and a representation of other relations that are the basis of state power." When the mode of social production and the form of social interaction undergo fundamental changes, the law will be adjusted accordingly. This historical characteristic provides a logical support for the major reforms to have a legal basis from two aspects: if the existing law still meets the needs of major reforms, major reforms must be carried out in accordance with the existing legal framework; if the existing law lags behind the practice of society and major reforms, it means that there is already a necessity to amend the law, and legal reform constitutes a part of major reforms.

Edit:Luoyu Responsible editor:Jiajia

Source:GMW.cn

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