By Ma Guochuan
Published: 2007-07-31

Socialist rule of law is the only option

Observer: In reality Dental Prevention and Treatment Advisory Group is not a single case, even more important is that currently a number of government departments are trading in trust in government.

Li: If a government sells trust, that reflects a problem in the political system. The purpose of social governance, or one could say a reasonable basis for the existence of government, is the distribution of justice. If a society does not pursue justice, or fails to value justice, then that society is an extremely unfortunate one, as is the government. When justice is not universal in a society, the interests of ordinary people are often damaged needlessly, shoddy imitation goods spread unchecked... Justice is not universal in that society, and that kind of government is a corrupt government. Therefore for any society and any government, fairness and justice are the two most fundamental values. At the same time, the proper meaning of socialism is fairness and justice. Faced with a wide range of contemporary social issues, we ought to establish an environment that provides all with a fair chance, a fair chance to share in the rewards of reform. Fairness and justice are achieved through the law, through the implementation of the legal system, and particularly through a judiciary capable of just, equitable, fair, and effective distribution of justice.

Observer: Current ideological and theoretical views are diverse, some suggest "Democratic Socialism," "People's Socialism" or "Harmonious Socialism"…

Li: The source of many societal problems is lack of rule of law. No end of slogans, ideologies, and "isms" can solve these issues-- only rule of law. Realizing the goals of socialism necessitates a law-based approach. First, good laws are needed. Good laws and draconian laws are not the same, having a system does not make that system a good one. Currently many government departments are legislating solely out of self-interest. After good laws are enacted, they must be enforced, as opposed to being shelved and put on show like vases. If there are issues during the process of implementing these laws, there must also be a system for addressing them – we need an independent and authoritative judiciary. I believe what we need most is "Rule of Law Socialism"

Observer: Can you elaborate on the connotations of "Rule of Law Socialism"?

Li: "Rule of Law Socialism" has these implications: The first is a good environment for rule of law, and a community that exists in that environment. Second is a government that operates based on rule of law. Third is an independent judiciary system. Fourth is sufficient legal training, as well as the existence of a highly professional and expert community including lawyers, accountants, public servants and professional organizations. In addition, there must be a well-developed system for civic education.
In "Rule of Law Socialism," the people lead based on democratic concepts and the government rules by law. A system socialist rule of law must respect and protect human rights, and respect and protect citizens' property. At present, China's reform is in fact moving towards "Rule of Law Socialism", including revisions to the Constitution and the creation of Property Law of the PRC and so on. Without rule of law, we can't even begin to discuss Socialism.

Observer: You're saying, it doesn't matter what other attribute is added to "Socialism", in the absence of the rule of law, these are empty talk.

Li: Rule of law is the basis of any rules based system, without rules, nothing can be accomplished. The illegal brick kilns in Shanxi, the DPTAG issue, and all the problems encountered as we deepen reform – from the stock market to the professional soccer market – these are all rule of law issues. Problems with the management of trust in government are also fundamentally issues of rule of law.

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