On The Construction Of China’s Capacity For External Discourse On The Rule-of-Law

This study combines the theories of discourse of rule-of-law,national discourse capability,the rule of law,linguistics,and sociology on discourse analysis,and adopts research methods such as document analysis,grounded theory,discourse analysis,case analysis,and comparative study.Starting from the issue of China’s international discourse power in the rule-of-law,this study provides a systematic theoretical analysis and interpretation of the construction of China’s capacity for external discourse on the rule-of-law.The connotation of China’s capacity for external discourse on the rule-of-law.The external discourse on the rule-of-law refers to a kind of external discourse that takes the rule-of-law as its content and method.The capacity for external discourse on the rule-of-law is the ability to generate external discourse on the rule-of-law,and the competence and strength to use legal language for external interaction,translation,and dissemination.It is mainly generated by the national legislative organs,and the content mainly includes the rule-of-law information expressed by the state to the outside world.The main discourse occasions are related to foreign legal affairs and foreign communication,foreign affairs,and diplomatic occasions.External discourse on the rule-of-law promotes consensus and resolves conflicts through information exchange and interaction,and constructs meaning to realize the discourse power of the rule-of-law.Its basic attributes are compliance and certainty.The reality and reasons for the predicament of China’s external discourse on the rule-of-law.This predicament is mainly reflected in the lack of international discourse power for the rule-of-law.The discourse power of the rule-of-law in the international community refers to the dominance and influence of a country’s rule-of-law discourse in the international arena.The factors that affect the discourse power of the rule-of-law include a country’s economic strength,political status,and the influence of its legal theory.The current predicament is mainly caused by internal and external factors,such as the first-mover advantage of western discourse power on the rule-of-law,the differences in legal language and culture between China and the West,the malicious suppression and stereotypes of China by some Western countries,the lagging development of China’s rule of law,the imperfect external discourse system on the rule-of-law,and the weak external discourse voice on the rule-of-law.China’s capacity for generating external discourse on the rule of law.The establishment of the Communist Party of China was a watershed moment for the evolution of China’s external discourse on the rule of law.The true beginning of China’s capacity for generating discourse on the rule of law began with the establishment of the People’s Republic of China under the leadership of the Communist Party of China,and has gone through three stages: germination,exploration,and comprehensive development.Under the guidance of Xi Jinping’s thoughts on the rule of law and Xi Jinping’s thoughts on diplomacy,a systematic external discourse on the rule of law has been established with “rule of law in China,” “independence and autonomy”“Five Principles of Peaceful Coexistence”,and “a community of shared future for mankind” as the core elements of China’s legal framework,which includes the Constitution,foreign-related laws,Party regulations,and basic norms of international relations.The generation of this discourse follows the logic of being supported by the theory of the rule-of-law,transforming political discourse,inheriting traditional Chinese culture,integrating international rule-of-law concepts,addressing real concerns of human destiny,and constructing discourse through the practice of rule-of-law and diplomacy.The external interaction capability of China’s rule-of-law discourse.This capacity refers to its ability to achieve an advantageous position in the process of interaction with the rule-of-law discourses of other countries.Specifically,it includes two aspects: external exchange and external confrontation.External exchange refers to the exchange and mutual learning of legal knowledge and concepts,which is a cooperative practice of external discourse.The development of China’s rule-of-law discourse has been accomplished in the integration with the world’s rule-of-law civilization,and it has been continuously enriched in the interaction and integration of “Chinese and Western” discourses,with legal translation playing an important role in this process.External confrontation of rule-of-law discourse mainly refers to China’s use of its rule of law discourse to confront the hegemonic “rule-of-law” discourse of other countries that are anti-China.This discourse hegemony is specifically manifested as the pollution,violence,and corruption of “rule-of-law”discourse.China’s ways of confrontation mainly include exposing the factors of “rule-of-law” discourse hegemony,revealing the image of other countries’ rule-of-law hegemony,clarifying misunderstandings about China’s rule-of-law,and shaping the image of a rule-of-law China.Recommendations for enhancing China’s ability to communicate its rule-of-law discourse abroad.To enhance China’s ability to communicate its rule-of-law discourse abroad,it is necessary to develop an international rule-of-law culture and leverage the nurturing role of rule-of-law culture.To enhance China’s ability to generate rule-of-law discourse abroad,it is necessary to innovate Chinese expressions of global rule-of-law civilization and provide Chinese doctrine and discourse for global rule-of-law civilization.To enhance the effectiveness of China’s rule-of-law discourse in international interaction,it is necessary to further enhance the rhetorical persuasiveness and international legal discourse ability of rule-of-law discourse.To enhance the effectiveness of translating and disseminating China’s rule-of-law discourse abroad,it is necessary to optimize the translation thinking and communication methods of China’s rule-of-law discourse with an international perspective.Furthermore,it is necessary to optimize the “hard” power of China’s rule-of-law discourse abroad.