Modern Chinese constitutionalism: the theoretical foundations of the concept of government based on the law
DOI:
https://doi.org/10.17308/law/1995-5502/2026/2/86-93Keywords:
China, legal system, rule of law, legislation, government based on the lawAbstract
The article discusses current theoretical issues concerning the theoretical foundations of the concept of government the state based on law in China. The concept of government the state based on the law is a theoretical innovation that emerged during the formation of socialism in the new era, incorporating Chinese particulars. This is the latest result of the Sinification of Marxist theoretical ideas about governance based on the rule of law, as well as the leading principle and action plan for promoting comprehensive state governance based on the rule of law.
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References
Vinogradov P. G. Essays on the theory of law. Moscow : A. A. Levenson, 1915. 153 p.
Selected works of Deng Xiaoping : in 3 volumes. Beijing : Narod, 1994. Vol. 2.
Lazarev V. V. Theory of law and the state. Moscow : Pravo i zakon, 1996.
Li Lin, Mo Jihong. Chinese legal system. Beijing : China social sciences press, 2014. 401 p. (In Chinese).
Lawrence Friedman. The legal system from a sociological point of view. Beijing : Chinese University of Political Science and Law, 1994. 404 p. (In Chinese).
Mikhailov P. E. The problem of law // New ideas in jurisprudence. 1995. No. 4. P. 1–88.
Mo Jihong. On the inherent theoretical logic of «Xi Jingping Thought on the rule of law» // Social Sciences in Guangdong. 2021. No. 3. P. 5–15. (In Chinese).
The complete works of Lenin. Beijing : Narod, 2017. Vol. 28.
The complete works of Marx and Engels. Beijing : Narod, 1965. Vol. 21.
The complete works of Marx and Engels. Beijing : Narod, 1975. Vol. 36.
The complete works of Marx and Engels. Beijing : Narod, 1995. Vol. 1.
The complete works of Marx and Engels. Beijing : Narod, 2018. Vol. 28.
Xi Jinping. Accelerate the construction of a socialist country under the rule of law // Qiushi. 2015. No. 1. P. 1–5. (In Chinese).
A collection of quotations from Xi Jinping on the theory of comprehensive government based on the law. Beijing : Central Party Literary Press, 2015.
Song Lei. The historical logic of Xi Jinping thought on the rule of law // Vestnik of Saint Petersburg University. Law. 2025 No. 2. P. 557–571.
Friedrich Engels. On the housing issue. Beijing : Narod, 2019. 115 p. (In Chinese).
Zhai Guoqiang. Th e original innovation of Xi Jinping Thought on the rule of law to marxist theory of law // Journal of Chongqing University (Social Science Edition) 2021. No. 4. P. 1–13. (In Chinese).
Zhang Jincai. 40 years of legislative construction of law-based governance in China (1978–2018). Beijing : Narod, 2018. 391 p. (In Chinese).
Zhang Fang. A hundred years of experience and inspiration of the Communist Party of China's Thought of government based on the Constitution // People's Congress Studying. 2023. No. 6. P. 4–10. (In Chinese).
Chen Hongling. The generative logic of Xi Jinping concept of fully governing the country according to the law // Studies in Ideological Education. 2020. No.5. P. 12–16. (In Chinese).
Yang Jingyu. Legislat ive system, legal system and legislative principles in China // Jilin National People's Congress 2003. No. 11. P. 17–19. (In Chinese).
Josef Isensee. Constitutional law as a «political right». Handbook of the Constitutional Law of the Federal Republic of Germany (Volume VII). Heidelberg C. F. Müller Juristischer Verlag GmbH, 1992. P. 103– 165. (In German).
