Epilogue: Striving for the Chinese Dream of Rule of Law! — The Ultimate Reveal of the "Sea Palace" Case (Serial 33)
[6] Part Three: Lawyer's Rights Defense Bravely Challenges the Legal Affairs Office
[2] 8. Striving for the Chinese Dream of Rule of Law
[3] During the compilation of this book, two major events closely related to its content occurred in our country: First, on October 23, 2014, the Fourth Plenary Session of the 18th Central Committee of the Communist Party of China issued the "Decision of the Central Committee of the Communist Party of China on Several Major Issues Concerning Comprehensively Advancing the Rule of Law" (referred to as the "Decision"); second, on November 1, 2014, the 11th Session of the Standing Committee of the 12th National People's Congress passed by a high vote the "Decision of the Standing Committee of the National People's Congress on Amending the Administrative Procedure Law of the People's Republic of China."
At this juncture, the ruling party's emphasis on comprehensively advancing the rule of law is, as we understand it, primarily because after decades of reform and opening-up and market economy construction, the interests of various social strata in Chinese society have become severely differentiated. The mutual gaming and conflict among these differentiated interests have intensified social contradictions, and traditional rule-by-person methods can no longer effectively resolve our social conflicts or coordinate the interests of different strata. Only the rule of law—the greatest common denominator proven by human practical activities across ancient and modern times, both in China and abroad—can serve this purpose. In the process of using legal means to resolve conflicts and coordinate interests, the role of us lawyers is indispensable. In fact, the essence of a lawyer's work is to represent different interested parties in participating in the relevant interest gaming process. This participation of lawyers, on the one hand, intensifies the ferocity of interest gaming, and on the other hand, makes it possible to channel such gaming onto the track of the rule of law. The most fundamental duty of a lawyer is to do their utmost within the bounds of the law to maximize the interests of the clients they represent. However, we should also clearly recognize that the social strata or clients participating in interest gaming vary greatly in their status and the resources they possess. To provide high-quality legal services to disadvantaged social groups and clients, and to effectively defend their rights and interests, requires not only superb legal professional skills but also a chivalrous spirit of upholding justice in the world—and this is precisely the core message that this book has been striving to elucidate throughout its narrative.
Regarding the first comprehensive revision of the Administrative Litigation Law since its promulgation twenty-five years ago, we are pleased to see that the issues addressed in this book—difficulties in filing administrative lawsuits, difficulties in trial (and judgment), and difficulties in enforcement—have all been substantively and specifically responded to and resolved in this revision, with improvements in many aspects exceeding expectations. However, these are still only improvements on paper in the form of legal provisions, and putting them into actual practice will require a long and arduous process. The law cannot enforce itself, but the design of the legal system provides us legal professionals with tools and weapons to utilize. Our duty as lawyers is to employ these legal means and weapons most effectively to secure the maximum interests of our clients (the administrative counterparts), while also promoting lawful administration by government departments. This equally requires us not only to possess outstanding legal professional skills but also to embody the chivalrous spirit of upholding justice in the human world.
While the top-down impetus from the ruling party is certainly important, and the revision and improvement of laws are indispensable, a country governed by the rule of law, a government under the rule of law, and a society based on the rule of law will not emerge automatically. What matters more is the practical rule-of-law activities of every individual in society, especially those of us in the legal profession. Only when every lawyer, like Wang Tengfeng, first possesses a noble spirit of chivalry, daring to wage relentless struggles for the rights of themselves and their clients, and second, demonstrates superb litigation skills, adept at carrying out effective work for the rights of themselves and their clients, can we truly make tangible contributions to realizing the Chinese Dream of the rule of law.
(End of serialization)
