Adhere to the road of socialist rule of law with Chinese characteristics
Better promote the construction of the socialist rule of law system with Chinese characteristics※
Xi Jinping
Today, the Political Bureau of the Central Committee conducted the thirty-fifth collective study on building a socialist legal system with Chinese characteristics. The purpose of arranging this study is to summarize the achievements of the construction of the socialist rule of law system with Chinese characteristics, analyze the existing problems and deficiencies, adhere to the path of socialist rule of law with Chinese characteristics, and better promote the construction of the socialist rule of law system with Chinese characteristics.
“Legals are the ultimate.” Our party has attached great importance to the construction of the rule of law since its establishment. During the period of the New Democratic Revolution, our party formulated the “Outline of the Constitution of the Chinese Soviet Republic” and a large number of laws and decrees, created the “Ma Xiwu Trial Method”, and accumulated practical experience for the establishment of a new legal system. During the period of socialist revolution and construction, our Party led the people to formulate a series of important laws and regulations such as the Constitution, the Organic Law of State Institutions, the Election Law, and the Marriage Law, established a socialist legal framework system, and established a socialist judicial system. During the period of reform and opening up and socialist modernization, our party put forward the policy of “laws to abide by, laws to be followed, law enforcement must be strictly enforced, and violations must be punished”, established the basic strategy of governing the country by law, and identified building a socialist country under the rule of law as socialism The important goal of modernization is to gradually form a socialist legal system with Chinese characteristics with the Constitution as the core.
Since the 18th National Congress of the Communist Party of China, the CPC Central Committee has vigorously promoted the comprehensive rule of law into the “four comprehensive” strategic layout, made a series of major decisions and arrangements for the comprehensive rule of law, established the Central Committee for Comprehensive Rule of Law, improved the Party’s leadership in legislation, and ensured law enforcement. , support the judiciary, take the lead in abiding by the law, and basically form an overall pattern of governing the country by law. The Fourth Plenary Session of the 18th Central Committee of the CPC clearly stated that the overall goal of comprehensively promoting the rule of law is to build a socialist legal system with Chinese characteristics and a socialist country under the rule of law. We have grasped the general starting point of building the rule of law system, adhered to the organic unity of the party’s leadership, the people being masters of the country, and the rule of law; We will comprehensively deepen reforms in the field of the rule of law, coordinate the development of the legal norm system, the implementation system of the rule of law, the supervision system of the rule of law, the guarantee system of the rule of law, and the system of intra-Party regulations, and make historic achievements in the construction of the socialist rule of law system with Chinese characteristics.
From November 16 to 17, 2020, the Central Work Conference on Comprehensively Governing the Country by Law was held in Beijing. General Secretary of the CPC Central Committee, President of the State, and Chairman of the Central Military Commission Xi Jinping attended the meeting and delivered an important speech.Xinhua News Agency reporter Rao Aimin / photo
At the same time, we must also see that there are still some shortcomings and deficiencies in my country’s legal system, mainly: the legal norm system is not complete enough, the legal system in key areas and emerging areas has weak points and blank areas; the legal implementation system is not efficient enough, law enforcement The judicial power operation mechanism is not scientific enough; the legal supervision system is not strict enough, and the supervision in all aspects has not really formed a synergy; the legal protection system is not strong enough, and the construction of a specialized legal team needs to be strengthened; the foreign-related legal shortcomings are relatively obvious, and so on. These problems must be researched and solved urgently.
I have emphasized many times that the prosperity of the rule of law will make the nation prosperous, and the strong rule of law will make the country strong. At present, our country is in a critical period of realizing the great rejuvenation of the Chinese nation. The world has undergone great changes unseen in a century, and the evolution is accelerating. The tasks of reform, development and stability are arduous and arduous, and the opening to the outside world is deepening. effect.
From a domestic perspective, we have embarked on a new journey of building a modern socialist country in an all-round way and marching toward the second centenary goal. Based on the new development stage, we have implemented new development concepts, built a new development pattern, promoted high-quality development, and satisfied the people The ever-increasing demands for democracy, rule of law, fairness, justice, security, environment, etc., improving people’s quality of life and promoting common prosperity have all put forward new and higher demands on the construction of the rule of law. We must improve our ability and level to comprehensively govern the country according to law, and provide a strong legal guarantee for building a modern socialist country in an all-round way and achieving the second centenary goal.
From an international perspective, the world has entered a period of turbulent change, and international competition is increasingly manifested in disputes over systems, rules and laws. We must strengthen the construction of foreign-related laws and regulations, improve the efficiency of foreign-related law enforcement and judicial affairs, and resolutely safeguard national sovereignty, security, and development interests.
To build a socialist rule of law system with Chinese characteristics, we must meet the needs of career development, adhere to the concept of a system, and promote it in an all-round way. At present and in the future, we must focus on the following aspects.
First, adhere to the right direction of building the rule of law system.I have said that whether the major event of comprehensively promoting the rule of law can be done well, the most important thing is whether the direction is correct and whether the political guarantee is strong. Distinctive socialist rule of law theory. The socialist rule of law system with Chinese characteristics is an important part of the socialist system with Chinese characteristics. We must firmly grasp the nature of socialism with Chinese characteristics, unswervingly follow the path of socialist rule of law with Chinese characteristics, and correctly handle politics and the rule of law, reform and the rule of law, and law Regarding the relationship between governing the country and governing the country by virtue, governing the country according to the law and governing the party according to regulations, we must be particularly clear-headed and stand firm on major issues such as upholding the party’s overall leadership and ensuring that the people are the masters of the country. We must always adhere to the people-centered approach, adhere to the rule of law for the people, rely on the people, benefit the people, and protect the people, and implement the whole process of building the rule of law system that reflects the people’s interests, reflects the people’s aspirations, safeguards the people’s rights and interests, and enhances the people’s well-being. The socialist rule of law system with Chinese characteristics that we want to build must be a rule of law system rooted in Chinese culture, based on China’s national conditions, and solve China’s problems, and cannot be misled by Western erroneous thoughts.
Second, accelerate legislation in key areas.The ancients said: “If good laws are established in the world, the world will govern; if good laws are established in one country, then one country will govern.” It is necessary to strengthen legislation in important areas such as national security, scientific and technological innovation, public health, biosecurity, ecological civilization, and risk prevention. Accelerate the pace of legislation in the digital economy, Internet finance, artificial intelligence, big data, cloud computing and other fields, and strive to improve the legal system that is urgently needed for national governance and meets the people’s growing needs for a better life. It is necessary to give full play to the political guarantee role of governing the party according to regulations to the development of the party and the country, and to form a pattern in which national laws and intra-party regulations complement each other. It is necessary to focus on the people’s urgent expectations and strengthen legislation in the field of people’s livelihood. Regarding the prominent problems in the entertainment industry, such as telecom and network fraud, new drug crimes, “cult-style” star chasing, “fan circle” chaos, “yin-yang contract” and other prominent problems in the entertainment industry, it is necessary to start from perfecting the law to carry out regulation, fill in the loopholes in supervision and Weaknesses must not be left alone. Over the years, the problem of disorderly expansion of capital has become more prominent. Some platform economies and digital economies have grown savagely and lack supervision, which has brought many problems. It is necessary to accelerate the revision of the Anti-Monopoly Law and the Anti-Unfair Competition Law, and accelerate the improvement of relevant legal systems.
From April 25 to 27, 2021, General Secretary of the CPC Central Committee, President of the State, and Chairman of the Central Military Commission Xi Jinping inspected Guangxi. This is the afternoon of the 25th. Xi Jinping was at the Yangdi Wharf of the Lijiang River in Yangshuo County, Guilin City, to learn about the comprehensive management and ecological protection of the Lijiang River Basin.Xinhua News Agency reporter Ju Peng / photo
Comrade Mao Zedong said: “To engage in the constitution is to engage in science.” We must grasp the key to the quality of legislation, further promote scientific legislation, democratic legislation, and legislation in accordance with the law, make overall plans for legislation, reform, abolition, interpretation and codification, improve legislative efficiency, and enhance the system and integrity of legislation. , Synergy. Maintaining the unity of the country’s rule of law is a serious political issue. Legislative bodies and working departments at all levels must follow legislative procedures, strictly abide by legislative powers, and practically avoid overstepping, duplicating, and blindly enacting legislation, and effectively prevent the influence of departmental interests and local protectionism.
“It is not difficult to legislate the affairs of the world, but it is difficult to implement the law.” The key and difficult point of promoting the construction of the rule of law system is to promote the correct implementation of laws through strict law enforcement, impartial administration of justice, and law-abiding by the whole people, and turn “laws on paper” into “laws on paper”. “Law in Action”. In order to improve the mechanism for guaranteeing equality before the law and safeguard the unity, dignity and authority of the country’s legal system, all acts that violate the Constitution and laws must be investigated. Party organizations and leading cadres at all levels must unequivocally support judicial organs in exercising their powers independently in accordance with the law, and never allow the use of powers to interfere with the judiciary or intervene in cases.
On February 1, 2019, Xi Jinping, General Secretary of the CPC Central Committee, President of the State, and Chairman of the Central Military Commission, visited grassroots cadres and masses in Beijing, and inspected the preparations for the Beijing Winter Olympics and Winter Paralympics. This is the morning of the 1st. At the Beijing Municipal Public Security Bureau, Xi Jinping shook hands with public security heroes and police officers one by one, and extended New Year wishes to the vast number of public security officers across the country.Xinhua News Agency reporter Xie Huanchi / photo
Third, deepen the reform of the rule of law.At present, some prominent contradictions and problems in the field of the rule of law are due to the fact that the reform has not been fully implemented. Focusing on the goal of making the people feel fairness and justice in every legal system, every law enforcement decision, and every judicial case, we must deepen the comprehensive reform of the judicial system and accelerate the construction of a fair, efficient and authoritative socialist judicial system. It is necessary to improve the social fairness and justice legal protection system, improve the public interest litigation system, improve the operation mechanism of law enforcement power, supervision power, and judicial power, and strengthen power restraint and supervision. It is necessary to speed up the construction of a comprehensive, standardized and efficient law enforcement and judicial restraint and supervision system, strengthen the supervision of legislative power, law enforcement power, supervision power, and judicial power, and improve the discipline inspection and supervision organs, public security organs, procuratorial organs, judicial organs, and judicial administrative organs. Its duties, the system and mechanism of mutual restraint between investigative power, procuratorial power, judicial power, and execution power ensure that all links and the whole process of law enforcement and justice are carried out under effective restraint and supervision. It is necessary to strengthen overall planning, improve the talent training system for the rule of law, accelerate the development of legal service teams such as lawyers, notaries, judicial appraisal, arbitration, and mediation, and strive to build a socialist legal team that is loyal to the party, the country, the people, and the law. It is necessary to deepen the reform of the management system of law enforcement and judicial personnel, and strengthen the management education and training of specialized teams of the rule of law. It is necessary to deepen the education and rectification of the political and legal teams, continue to crack down on corrupt practices in the field of law enforcement and justice, and promote the normalization of the eradication of gangsterism and evil.
What needs to be emphasized is that the reform in the field of rule of law is political and policy-oriented, and we must grasp the principles and stick to the bottom line.
Fourth, use the rule of law to carry out international struggles.Since the 18th National Congress of the Communist Party of China, we have coordinated the promotion of domestic and foreign-related rule of law, and our ability to use the rule of law to safeguard the interests of the country and the people has significantly improved. We must adhere to the overall promotion of domestic and foreign-related rule of law, strengthen legislation in foreign-related fields in accordance with the principle of emergency first, further improve anti-sanction, anti-interference, and anti-“long-arm jurisdiction” laws and regulations, and promote the construction of a legal system applicable outside my country’s jurisdiction. It is necessary to include the expansion of law enforcement and judicial cooperation into an important issue in the construction of bilateral and multilateral relations, and to extend the safety chain to protect my country’s overseas interests. It is necessary to strengthen the construction of foreign-related legal talents.
Fifth, strengthen the theoretical research and publicity of the rule of law.We summarize the laws of socialist rule of law practice with Chinese characteristics, inherit the essence of Chinese legal culture, draw on the beneficial achievements of the world‘s rule of law civilization, and form new concepts and measures to comprehensively govern the country by law. I summarized it as “Eleven Persistence” at the Central Work Conference on Comprehensively Governing the Country by Law. It is necessary to strengthen the research on the original concepts, judgments, categories, and theories of the rule of law in my country, and strengthen the construction of the legal discipline system, academic system, and discourse system with Chinese characteristics. It is necessary to implement the socialist rule of law with Chinese characteristics in the new era into the textbook compilation and teaching work of various legal disciplines, promote the introduction of textbooks, classrooms, and minds, and strive to cultivate more people with firm ideals and beliefs, strong family and country feelings, and solid legal studies. Fundamental rule of law talents. It is necessary to strengthen the political leadership of the lawyer team, educate and guide the majority of lawyers to consciously abide by the basic requirements of supporting the leadership of the Communist Party of my country and the socialist rule of law in China, and strive to be good lawyers that the party and the people are satisfied with. It is necessary to make the promotion of law-abiding by the whole people a basic project, and fully implement the responsibility system of “whoever enforces the law will popularize the law”. Leading cadres at all levels must take the lead in respecting the law, studying the law, abiding by the law, and guiding the general public to consciously abide by the law, seek the law in case of trouble, and rely on the law to solve problems. It is necessary to summarize the experience of my country’s rule of law system construction and rule of law practice, elucidate my country’s excellent traditional rule of law culture, tell the story of China’s rule of law, and enhance the international influence and discourse power of my country’s rule of law system and rule of law theory.
Party committees (party groups) at all levels must take the main responsibility, focus on major deployments, important tasks, and key tasks, strengthen organizational leadership, take the initiative to act, and avoid formalism and bureaucracy. The Central Office for Governing the Country by Law must play a good role in promoting the implementation of the Party Central Committee’s decision-making and deployment of the rule of law. All departments on all fronts must jointly manage, consolidate responsibilities, form joint forces, and improve the level of legalization of work.
※This is a speech delivered by General Secretary Xi Jinping on December 6, 2021 at the thirty-fifth collective study session of the Political Bureau of the Nineteenth Central Committee.