(Passed on 11 August 2005 by the China Law Society Presidential Business Meeting)
The deep development of our Country’s Socialist modernization construction undertaking and international circumstances have deeply changed, and have provided a rare opportunity for the flourishing and development of legal studies, and have provided even higher requirements one the Law Society to organize the promotion of legal research work. We absolutely must strengthen a sense of responsibility and a sense of mission, from the heights of the overall picture of Party and State undertaking development, further raise the understanding of the importance of letting legal research flourish, innovate work mechanisms, perfect organizational structures, strengthen cooperative research, make the flourishing of legal research into a core work of the Law Society, realistically grasp matters closely and well, strive to promote our country’s Socialist legal studies to develop greatly, and provide powerful legal theory support for moving governing the country according to the law, constructing a Socialist rule of law country, and building a Socialist harmonious society forward. To this end, the following opinions are put forward.
I, Using developing Marxism to guide legal research
(1) Persisting in the leading position of Marxism in the legal sphere. Persist in the basic theories of Marxism, use Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory and the important “Three Represents” thoughts to guide legal research work, establish and implement the scientific development view, implement Marxist positions, viewpoints and methods into legal research work, guarantee the correct political orientation of our country’s Socialist legal system.
(2) Persisting in liberating thoughts, seeking truth from facts, progressing with the times, and vigorously moving theoretical innovation forward. Persist in linking theory with reality, be based on this country, open eyes to the whole world, deeply understand national circumstances, deeply understand the construction rules of the Socialist democratic legal system, be good at integrating Marxist basic theory with the concrete practice of China, grasp the spirit of the times, stand in the forward position of theory, fix eyes on new practice, use developing Marxism to answer the questions of constructing Chinese Socialism, incessantly promote Socialist legal theory innovation, legal system innovation and legal culture innovation, incessantly promote legal concept innovation, raise the legal consciousness of the entire nation.
(3) Persisting in the principle of serving the people and serving Socialism, and the policy of letting a hundred flowers bloom and a hundred schools contend. Strive to create an academic environment that is vivid and vigorous, democratic and fair, harmonious and open, advocate different academic viewpoints to contend and learn through group discussion, advocate reasonable and full criticism and countercriticism. Encourage bold exploration, incessantly understand the truth and develop the truth in practice.
II, Revolve around the larger picture of Socialist construction to launch legal research
(4) We must give high regard to researching the basic theories of Socialist law. Strengthen traditional scholarly construction, make traditional scholarship strengthen vitality, and at the same time, vigorously stimulate the development of new and burgeoning scholarship and interdisciplinary scholarship, stimulate the formation of scholarly structures having the characteristics of the time, rational structures and full categories, stimulate the formation of a Socialist legal theory system having Chinese characteristics. We must make basic legal theory research into a support pillar, make applied legal measure research into a focus point, integrate basic research closely with applied research, use applied research to stimulate basic research, support applied research with solid basic research.
(5) Have prominent focus points, revolve around launching legal research to realize the Socialist development strategy. We must closely revolve around the general picture of the undertaking of Socialism with Chinese characteristics, revolve around the larger picture of Socialist economic construction, political construction, cultural construction and social construction, and with the major theoretical and practical questions put forward during the process of reform and opening up, and modernization construction, and the real problems that need to be resolved most urgently in the present key period of reform and development for our country as main direction of attack, make major problems of reform, development and stability, hot and difficult issues relating to the direct interests of the popular masses, and overall, farsighted and strategic major issues in the legal sphere or in legal practice into the focus points for research, provide legal theory support for the Party and government to scientifically make policy, and serve the social needs of the popular masses. At present, we must strengthen research on governance according to the law, research on raising the Party’s governing capacity, research on strengthening ruling the country according to the law and constructing Socialist legal system countries, strengthen research on perfecting Socialist economic structure construction, culture legal system construction and building a legal system for a harmonious society, and strengthen research on strengthening social stability, judicial reform, anti-corruption, respecting and guaranteeing human rights. Local law societies must base themselves in their locality, research the locality and serve the locality, and revolve around the real problems that the masses are concerned about, the local Party Committee and government pay attention to, and that need to be resolved most urgently, organize and launch applied legal measure research.
III, Strengthening organizational structure construction for legal research
(6) Constructing and completing research associations’ organizational structures for research associations. The China Law Society must, according to the principles of consolidation, adjustment and development, integrate the present research associations, accelerate the construction of international legal research associations, vigorously develop specialized research associations for applied legal research, promote the development of research association for burgeoning scholarship and interdisciplinary scholarship, and perfect the organizational structure of the China Law Society Research Association. We must further implement the “Regulations for the Research Associations Subordinate to the China Law Society”, earnestly summarize research association work experience, further complete research association work mechanisms, fully give rein to the principal force function of all research associations in legal research. Local law societies must also vigorously create conditions, start from local realities, and complete local law society research association organization structures. Make the China Law Society and its subordinate research associations, and local law societies and their subordinate research associations into a comprehensive pool of efforts.
(7) Establishing and complete organizational mechanisms for members to broadly participate in legal research. Fully give rein to the superiority of law societies, flexibly an efficiently allocate legal research resources, adopt many kinds of methods to guide members in broadly participating in academic activities. The China law society, local law societies and their subordinate research associations must strengthen cooperation, mutually circulate information on research activities, vigorously organize members to participate in academic activities. For the selection of members composing China Law Society’s subordinate research associations, the opinions of relevant local law societies must be sought in advance, and all localities’ members who conform to conditions are entered into the research associations subordinate to the China Law Society; all academic annual meetings and conferences organized by China Law Society-subordinate research associations in any location, must be timely notified to the relevant local law society, the relevant local law society must vigorously participate and coordinate, and organize the local scholars to attend the conference.
(8) Establish a “China Law Society Legal Research Centre”. We must with the “China Law Society Legal Research Centre” as base and with programmes as drivers, concentrate high-level research teams, theme groups composed of researchers from many disciplines and many specialities, complete major research themes handed over by leading organs, launch research on major strategic legal issues, comprehensive research on major topics across disciplines and areas, research on major legislation themes, as well as legal deliberation on major matters, and timely provide powerful theoretical support to policymaking by leading organs.
(9) Completing the academic consulting system of the China Law Society. We must strengthen the construction of the China Law Society’s academic committee, fully give rein to the function of the academic committee in academic judgment and consulting organs, give rein to the function of the academic committee and main academic or scholar leaders in formulating academic plans for the China Law Society, formulating legal research plans, theme examination and comment, result appraisal, excellent disciplinary achievement appraisal and other activities.
IV, Strengthen cooperation, stimulate close the integration of legal theory with reality
(10) Strengthening cooperative research between law societies and legislative organs. We must fully give rein to the resource superiority of law societies in concentrating excellent legal scholarly talent, coordinate with People’s Congresses and government legal affairs offices to build “legislative consultancy expert databases” according to the principles of complete categories, rational knowledge structure and appropriate scale of people, coordinate with legislative organs to organize experts conducting specialist deliberation of major legislation, provide consultancy and advice on legislative plans, legal drafting, legal revision and focus or difficult issues in legislation, put forward “expert opinions”, stimulate the scientization and democratization of legislation and policymaking, raise legislation quality, stimulate the close integration of legal theory with legislative practice.
(11) Strengthening cooperative research between the Law Society, judicial organs and administrative law enforcement organs. Establish linkage mechanisms between the Law Society, judicial organs and administrative law enforcement organs, timely exchange research information and materials, communicate research work plans, assist judicial organs and administrative law enforcement organs in organizing academic deliberation activities, organize experts to complete the research questions entrusted by judicial organs and administrative law organs, launch cooperative research with judicial organs and administrative law organs, and stimulate close integration of legal theory with legal practice.
(12) Strengthening cooperation between the Law Society, economic and social circles. Launch legal topic research through cooperation with economic, social and corporate circles, accept entrustment from enterprises and relevant work unit to conduct topical research, legal consulting or argumentation and many other methods, strengthen close cooperation between the Law Society and it subordinate research associations with economic circles and all social circles, promote legal research to face society and march towards society, serve the social needs of the popular masses, and stimulate the close cooperation between legal theory, economic and social life.
V, Build theme fora for the Law Society
(13) Building the “China Legal Scholar Forum”. Adopt the method of theme fora, annually organize one to two prestigious and influential specialist theory conferences on a large scale, organize famous legal scholars from the entire country to make topical presentations, deeply deliberate major theoretical and practical issues in the present rule of law construction. Topical fora must select major issues that affect the overall picture and strategy in the practice of Socialist construction as their topic, stress quality, and pursue results. We must build topical fora into platforms to concentrate research achievements, exchange academic points of view, and deeply develop preliminary research. We must track the deep development trends of topical research, and stress the transformation of results.
(14) Building the “Nationwide Outstanding Young Legal Scholar Forum”. Within the selection and award process for ten outstanding young legal scholars nationwide, organized every two years by the China Law Society, the selected outstanding young legal scholars are to make a topical speech on major theoretical and real issues in their area of research; organize outstanding young legal scholars to do a nationwide speech tour, sponsored by the China Law Society, with the assistance of local law societies, and integrates major theoretical and real issues in all localities’ legal system construction, reveal the research achievements of young legal scholarly talents, disseminate new legal viewpoints.
(15) Establish the “Regional Rule of Law Forum”. Fully give rein to the vigour of local law societies, encourage and popularize the broad local law societies to launch regional rule of law research activities. On the basis of the “Changjiang Triangle Rule of Law Forum” established by the Shanghai, Zhejiang and Jiangsu law societies, vigorously promote the establishment of a “Pearl River Triangle Rule of Law Forum”, a “Bohai Ring Rule of Law Forum”, a “Western Region Rule of Law Forum”, a “Northeast Region Rule of Law Forum” and a Central Region Rule of Law Forum”, and other regional rule of law fora, revolve around launching research on major legal issues having a general character and involving the overall picture.
VI, Perfecting legal research theme management and result appraisal and transformation mechanisms
(16) Completing legal research theme management mechanisms. Further explore scientific legal research theme selection, theme programme establishment and theme management and operation mechanisms. In theme programme establishment, we must persist in the principles of openness, fairness and impartiality, avoid low levels and duplication; in theme management, we must base ourselves on producing results, producing talents, stressing process guidance and stressing quality supervision. Establish theme dissemination systems, give rein to the guiding function of the China Law Society’s themes in nationwide legal research. Local law societies must, according to the realities of all localities, determine themes and organize research.
(17) Establishing and completing legal research result appraisal mechanisms. We must establish and perfect scientific legal research result appraisal structures, vigorously explore and establish dynamic legal research result assessment and evaluation mechanisms, stress originality, and stress real value. Through establishing the highest academic prize in Chinese legal scholarship, the “China Outstanding Legal Scholarship Achievement Award” and other prizes, give rein to the guiding function, encouraging function and stimulating function of awards even better, and stimulate excellent products to come out of legal research.
(18) Establishing and completing legal research result transformation mechanisms. We must broaden dissemination and transformation channels for excellent legal research results, timely reflect important theoretical research results and major legal policy suggestions to Central leading organs and legislative organs, government organs and judicial organs through the China Law Society “Important News”, “Expert News” and “Expert Opinions”, and many other channels. Organize the promotion of even more excellent legal research results to go down to the grass roots, ensure that even more legal research results are used in legislation, the judiciary, law enforcement, law dissemination and other legal practice.
(19) Vigorously promoting the construction of Marxist legal textbooks. Legal education and research associations and other academic research associations must strive to stimulate that the newest legal research results embodying and reflecting Mao Zedong Thought, Deng Xiaoping Theory and the important “Three Represents” thought to enter textbooks, and enter classrooms, stimulate the construction of a legal textbook structure conform to the theory and practice of Socialism with Chinese characteristics.
VII, Strengthen the opening up to the outside world of legal work
(20) Broadening foreign exchange in the legal sphere. In coordination with our country’s foreign relations work structure, launch foreign-oriented legal exchange. Strengthen our country’s foreign-oriented propaganda of our country’s excellent legal research achievements through foreign visits by delegations, receiving visits organizing international legal conferences and many other means, strive to expand the global influence of our country’s legal scholarship. Organize middle-age and young expert scholars who are good politically and ideologically, and have a relatively deep academic achievement to go abroad for exchange, select and dispatch legal scholars and legal workers understanding foreign languages to go abroad for observation and study, expand our field of vision. Pay attention to organizing the collection and translation of foreign legal information materials, import excellent achievements and management experience of foreign legal studies.
(21) Expand the influence of the China Law Society in international legal circles. Expand foreign-oriented exchange channels, strengthen international cooperation in the legal sphere, strengthen links and cooperation with globally famous legal studies schools and institutes and focus legal research organs, vigorously undertake high-specification international academic conferences on law, strive for the China Law Society and its subordinate research associations to accede to even more international legal organizations, strengthen the international position of Chinese legal studies, fully give rein to the function of the China Law Society’s n foreign legal exchange channels.
VIII, Strengthen the propaganda of excellent legal research results
(22) Perfecting mechanisms for law societies to propagate legal research results together with news media. We must strengthen cooperation between law societies and news media, adopt new mechanisms and new forms such as joint running or assisted running of columns and topics, etc., forcefully propagate excellent legal research results, expand the social influence of excellent legal research results, and promote more and more timely application in reality of excellent legal research results.
(23) Run newspapers, periodicals and websites of law societies well. Newspapers, periodicals and websites run by the China Law Society and local law societies must persist in the correct legal public opinion orientation, forcefully propagate excellent legal research achievements, disseminate general legal knowledge to society, and raise the legal understanding of the entire nation. The China Law Society website must become an information and data centre for Chinese legal scholarship, and provide even better legal information and data services for the broad legal scholarship and legal workers.
(24) establishing the “China Legal Scholar Lecture Tour”. Organize lecture tours in all localities nationwide, mainly aimed at leading cadres, jointly organized by the China Law Society and local law societies, that integrate major theoretical and real issues in local legal system construction, to propagate the spirit of the rule of law, disseminate legal knowledge.
IX, Stimulate the fostering of legal talents
(25) Formulating China Law Society legal academic standards. Standardize academic activities, guarantee academic freedom, protect the intellectual property rights of legal research results, safeguard the lawful rights and interests of scholars, guide scholars to strengthen academic and moral self-cultivation, strengthen a sense of social responsibility, establish a desirable academic atmosphere, safeguard the fine image of scholars.
(26) Launching activities to select and award outstanding young legal scholars. We must earnestly summarize selection experience, and organize one selection activity for outstanding young legal scholars nationwide every two years. Stimulate the training of a batch of legal scholars armed with Marxism, based in China, facing the world, and having studies both China and the west, and the training of a batch of academic leaders and young theoretical backbones with good political and professional qualities, strong theoretical skills, who dare to explore, innovate, and determinedly advance.
(27) Discovering and training talents in legal research activities. Attract people, concentrate people and foster people through topical research, soliciting articles, seminars, selection of research results and other forms, make even more legal talents come to the fore, stimulate the maturing of legal talents. According to the requirements of being strong politically , excellent professionally and correct in study style, train a line of grand legal talent teams that satisfy the Party and the people.
X, Strengthening guidance over organizational promotion of legal research work
(28) Raising the leading capacity to organize the promotion of legal research work. The China Law Society and local law societies must all put letting legal research flourish in a central position in their work, realistically strengthen leadership over organization the promotion of legal research work. We must deepen understanding of the rules of legal research and the rules of organizing the promotion of legal research work, perfect leadership methods for the organization of promoting legal research work, raise leadership levels, expand work strength, strengthen work vitality and forcefully promote the flourishing and development of legal research.
(29) Strengthening organizational construction of law societies. We must establish effective law society leadership mechanisms and mechanisms to organize the promotion of legal research work. Law society leading members must strengthen a sense of responsibility, and firmly do all work well to organize the promotion of legal research. We must strive to foster and create a line of teams with high ideological and political quality levels, deep legal scholarly achievements, integrating full-time and part time, to organize the promotion of legal research work, establish operational mechanisms that are full of vitality to promote legal research works, incessantly raise capacity to organize the promotion of legal research work.
(30) Establish financial measures and management mechanisms conform to the rules of legal research. We must incessantly strengthen funding and input into legal research, adopt joint research, entrusted research, using external finding for research and many other forms to expand funding sources and provide powerful funding guarantees for legal research.
China Law Society
11 August 2005