Social Sciences in China (Chinese Edition)

No. 1, 2026

On Implementing Rules in Law

(Abstract)

Yu Qi

Implementing rules in law are rules that concretize the normative basis for implementation. These rules hold particular significance for maintaining legal unity and effective governance within a supra-large unitary state. From a logical standpoint, the “basis” specified by implementing rules should consist of rules of the same category, rather than legal principles or rules of a different type. Moreover, the “concretization” involved refers to the elaboration of one or more constituent elements of the rules being implemented, rather than creative lawmaking. These features distinguish implementing rules not only from typical creative rules, but also from related and often-confused concepts such as gap-filling rules and authorized rules. The authority to formulate implementing rules arises through two pathways: legislative empowerment and derivation from official authority. The former is grounded in constitutional or statutory authorization, while the latter derives from specific state functions. Implementing rules produced through these two pathways differ in legal effect, and in the current historical period, legislative empowerment should play the dominant role. On this theoretical basis, the rule-making authority of different normative bodies with respect to different matters should be differentiated accordingly.