Friday, February 11, 2022

Glosses on New Era Rule of Law in China: 坚定不移走中国特色社会主义法治道路 (Unswervingly follow the path of socialist rule of law with Chinese characteristics)

 


 

The process of detachment of liberal democratic, development, and Marxist Leninist perspectives is not easy.  It is especially difficult after more than a generation of energetic (sometimes) efforts at global convergence facilitated through the work of a substantial international architecture designed to facilitate convergence and to discipline divergence from what appeared to be for a time global consensus perspectives.  And yet no such process of detachment can ever completely escape the practices and perspectives of the historical period from which  it emerges.  More significantly,  no emerging system  escapes the performative and discursive patterns, the vocabulary and arc of signification from which its now contemporary manifestations are revealed. The process of signification, even a process born of a desire to differentiate, is intimately connected with the vocabulary, sensibilities, objectives, and valuation pr5otocols of what it builds on or against. 

It is with this in mind that the process of detachment of Chinese Marxist Leninism in the New Era proceeds.  It is very much a project of growth and development.  But it is also one that seeks to develop against the system that sought its convergence with other critically important normative ecologies of signification and meaning. That is what makes the process of detachment for interesting and important in this era: it suggests its dual headed nature.  On the one hand, it signals the maturing of a self-reflexive process of development of a system that is autonomous. On the other hand, its discursive autonomy remains a function of the terms and sensibilities of the baseline system from out of which it emerges.  On speaks here of a variation of a unifying system--of rule of law, of democracy, and the like.  The terms are shared, though their signification is what is fracturing. That suggests not merely autonomy but competition--competition for the authority to definitively control the signification of the terms.  That is no doubt healthy in the long term as powerful collectives develop from engagement with both internation and external challengers. Nonetheless it also suggests a caution in the way one approaches both autonomy and interconnection.

Much of this is very much in evidence in the Excerpts from speeches at the Forum on Xi Jinping Thought on the Rule of Law  坚定不移走中国特色社会主义法治道路 (Unswervingly follow the path of socialist rule of law with Chinese characteristics). The article (that may be accessed here) follows below in the original Chinese with a crude English translation. 


坚定不移走中国特色社会主义法治道路

——习近平法治思想论坛发言摘编

《 人民日报 》( 2021年09月27日   第 09 版)

  坚持以人民为中心的根本立场是习近平法治思想的重要组成部分

  全国人大常委会副秘书长  信春鹰

  习近平总书记指出,“必须牢记我们的共和国是中华人民共和国,始终要把人民放在心中最高的位置,始终全心全意为人民服务,始终为人民利益和幸福而努力工作”。坚持以人民为中心的根本立场是习近平法治思想的重要组成部分,体现了习近平总书记亲民、爱民、为民的家国情怀。

  坚持以人民为中心的根本立场,最重要的是用制度体系保证人民当家作主。人民代表大会制度是我国的根本政治制度,是人民当家作主的重要制度平台。中国共产党作为执政党,支持和保证人民通过人民代表大会制度行使国家权力,确保人民依法通过各种途径和形式管理国家事务,管理经济文化事业,管理社会事务。要充分发挥人民代表大会根本政治制度的作用,通过这一制度牢牢把国家和民族前途命运掌握在人民手中。

  立法权在国家权力体系中处于重要地位。我国的立法,从制度上确保人民群众广泛参与,实现全过程人民民主。立法法明确规定了立法公开原则,对立法论证、听证、法律草案征求意见等做了明确规定,确保每一项立法体现宪法原则和最广大人民的根本利益。党的十八大以来,全国人大及其常委会坚持开门立法,加强基层立法联系点建设,健全法律草案公开征求意见及意见反馈机制,保证人民通过多种途径有效参与立法,使立法更好地体现民情、汇聚民意、集中民智,推动全过程人民民主深入人心。

  习近平总书记强调:“人民代表大会制度的重要原则和制度设计的基本要求,就是任何国家机关及其工作人员的权力都要受到制约和监督。”人民代表大会的监督权是我国宪法制度的重要组成部分,是代表国家和人民进行的具有法律效力的监督。各级人大及其常委会以保证和发展人民当家作主为己任,努力扩大公民有序政治参与,倾听人民意见和建议,畅通社情民意反映和表达渠道,目的是实现好、维护好、发展好最广大人民根本利益。

  坚持以人民为中心的根本立场,要充分发挥人民代表作用,解决好人民群众最关心最直接最现实的利益问题。各级人大代表通过法定程序由选举产生,在各级人民代表大会中履职尽责、发挥作用,是人民和政府之间联系的纽带。多年来,各级人大常委会形成了一整套服务人大代表履职的工作机制。各级人大代表通过多种方式了解社情民意、反映群众诉求。各级人大常委会不断完善代表联系制度,健全代表联络机制,切实加强人大及其常委会同代表、代表同人民群众的联系。

  

  习近平法治思想的重大意义

  中国法学会党组成员、学术委员会主任、习近平法治思想研究中心副主任  张文显

  对习近平法治思想的重大意义,可以从“一根四维”来认识。“一根”,即一个“根本”,习近平法治思想是全面依法治国的根本指导思想;“四维”,即政治、理论、实践、世界四个维度,习近平法治思想具有重大的政治意义、理论意义、实践意义、世界意义。

  习近平法治思想的重大意义,概括而言,就是“习近平法治思想是全面依法治国的根本指导思想”,即习近平法治思想是党和人民处理新时代法治问题的根本立场、观点和方法,是全面依法治国的行动指南和根本遵循。习近平法治思想深刻揭示了“法治兴则国兴,法治强则国强”的历史规律,精辟论述了全面依法治国的重要地位,创造性地提出了全面依法治国是国家治理的一场深刻革命的科学命题。这些重要思想指引全党和全国各族人民为建设社会主义法治国家、推进国家治理现代化而努力奋斗。

  习近平法治思想的政治意义,集中体现在它指明了全面依法治国的政治方向。政治方向决定依法治国的成败得失。只有始终坚持党对全面依法治国的领导,坚持以人民为中心,坚持走中国特色社会主义法治道路,才能确保全面依法治国沿着正确的政治方向有序有效推进,如期如愿建成更高水平法治中国。

  习近平法治思想的理论意义集中体现在它为继续推进马克思主义法治理论中国化注入了强大动力,指明了正确方向,铺就了科学路径,指引法学理论工作者不断研究新问题、总结新经验、挖掘新资源,形成新概念,发展新理论,构建思想更加丰富、内涵更加深刻、逻辑更加严谨、语言更加精到的法治理论体系,推进马克思主义法治理论中国化、当代化、大众化。

  习近平法治思想的实践意义,集中体现在它深刻论述了全面依法治国的根本遵循、战略布局、重点任务、重要保障,为深化全面依法治国实践指明了方向、路径和动力。

  习近平法治思想的世界意义,集中体现为它为人类政治文明进步贡献了中国智慧,为全球治理体系变革提供了中国方案。习近平法治思想站在世界历史和全球发展的高度,深刻把握人类政治文明发展趋势,创造性地提出了推动人类社会政治文明发展进步的新理念新思想新方略,为全球化时代世界政治文明发展和全球治理体系变革提供了科学理论和务实方案。

  

  习近平法治思想的核心要义

  中国法学会副会长、全国人大监察和司法委员会副主任委员  徐显明

  习近平法治思想的核心要义和理论精髓,集中体现为习近平总书记在中央全面依法治国工作会议上提出并系统阐述的“十一个坚持”。

  坚持党对全面依法治国的领导。党的领导是推进全面依法治国的根本保证。党的领导是我国社会主义法治之魂,社会主义法治必须坚持党的领导。

  坚持以人民为中心。全面依法治国最广泛、最深厚的基础是人民,推进全面依法治国根本目的是依法保障人民权益。要努力让人民群众在每一项法律制度、每一个执法决定、每一宗司法案件中都感受到公平正义。

  坚持中国特色社会主义法治道路。中国特色社会主义法治道路,本质上是中国特色社会主义道路在法治领域的具体体现。推进全面依法治国必须走对路,要从中国国情和实际出发,走适合自己的法治道路。

  坚持依宪治国、依宪执政。宪法是国家的根本法,具有最高的法律效力。依法治国首先是依宪治国,依法执政首先是依宪执政。要加强宪法实施和监督,推进合宪性审查工作,维护国家法治统一。

  坚持在法治轨道上推进国家治理体系和治理能力现代化。法治是国家治理体系和治理能力的重要依托。全面依法治国才能有效保障国家治理体系的系统性、规范性、协调性,才能最大限度凝聚社会共识。

  坚持建设中国特色社会主义法治体系。要加快形成完备的法律规范体系、高效的法治实施体系、严密的法治监督体系、有力的法治保障体系,形成完善的党内法规体系。要坚持依法治国和以德治国相结合,实现法治和德治相辅相成、相得益彰。

  坚持依法治国、依法执政、依法行政共同推进,法治国家、法治政府、法治社会一体建设。全面依法治国是一个系统工程,要整体谋划,更加注重系统性、整体性、协同性。

  坚持全面推进科学立法、严格执法、公正司法、全民守法。要继续推进法治领域改革,解决好立法、执法、司法、守法等领域的突出矛盾和问题。

  坚持统筹推进国内法治和涉外法治。要加快涉外法治工作战略布局,协调推进国内治理和国际治理。要积极参与国际规则制定,提出改革方案,推动全球治理变革,推动构建人类命运共同体。

  坚持建设德才兼备的高素质法治工作队伍。要推进法治专门队伍革命化、正规化、专业化、职业化,确保做到忠于党、忠于国家、忠于人民、忠于法律。法律服务队伍是全面依法治国的重要力量。

  坚持抓住领导干部这个“关键少数”。领导干部具体行使党的执政权和国家立法权、行政权、监察权、司法权,党的领导能不能在全面依法治国实践中得到具体落实,领导干部是关键。

  

  习近平法治思想的理论渊源

  南京师范大学中国法治现代化研究院院长、中国法学会学术委员会委员  公丕祥

  习近平法治思想的理论渊源蕴含丰富,其中最为重要、最为根本的是马克思主义哲学。

  在新时代治国理政的伟大实践中,习近平总书记运用马克思主义哲学的基本原理和方法论,深入思考和研究解决全面依法治国的一系列重大问题,推动法治领域发生历史性变革、取得历史性成就。

  一、创造性地阐述世界物质统一性的原理,坚持从当代中国的国情条件出发,谋划和推进法治中国建设。遵循世界物质统一性原理,最重要的就是坚持一切从客观实际出发。当代中国最大的客观实际,就是我国仍处于并将长期处于社会主义初级阶段。推进全面依法治国,要牢牢立足社会主义初级阶段这个最大的国情实际。习近平总书记不仅充分肯定一定社会物质生活条件对法律上层建筑的决定性作用,而且科学把握法律上层建筑对经济社会基础的能动的反作用。要充分发挥法治固根本、稳预期、利长远的保障作用,确保大变革时代的国家发展既生机勃勃又井然有序。

  二、创造性地阐述人民群众是历史创造者的原理,深刻阐发坚持以人民为中心的法治准则,充分彰显全面依法治国的价值取向。习近平总书记科学把握历史唯物主义关于人民是推动历史发展根本力量的基本原理。因此,坚持以人民为中心推进全面依法治国,必须坚持人民主体地位,“发展全过程人民民主”,支持和保证人民通过人民代表大会行使国家权力;必须坚持依法保障人民权益,健全社会公平正义法治保障制度;必须坚持维护社会公平正义,在法治工作中彰显人民至上的价值取向。

  三、创造性地阐述唯物辩证法的根本方法,确立全面依法治国的科学方法论,为全面依法治国提供了“大逻辑”。习近平总书记运用事物普遍联系和发展的基本观点,分析全面依法治国与国家治理体系其他领域之间的内在关联,把全面依法治国放在“四个全面”战略布局加以把握,揭示全面依法治国这个系统工程内部各个领域、部分、要素、环节之间的相互联系、相互作用,增强全面依法治国系统性、整体性和协同性。习近平总书记运用马克思主义思维辩证法的根本方法,深刻阐述政治和法治、改革和法治、发展和安全、依法治国和以德治国、依法治国和依规治党等重大辩证关系,为科学认识全面依法治国的辩证逻辑提供了根本遵循。

  

  习近平法治思想的实践要求

  中国法学会副会长  甘藏春

  实践要求,是习近平法治思想的重要内容。它回答了如何科学认识和解决中国特色社会主义法治体系在实施中遇到的重大而现实的各种问题,以确保建设社会主义法治国家总目标的顺利实现。对此,习近平总书记作了系统阐述。

  从法治固根本、稳预期、利长远的功能性特点出发,习近平法治思想科学地回答了法治与诸要素之间的内在联系,要求在全面推进依法治国的过程中,实现法治与诸多社会因素之间的协调发展。提出了正确处理政治和法治、法治与经济社会高质量发展、法治与社会和谐、法治与保障文化繁荣、法治与生态文明建设、法治与世界和平、法治与道德等重大关系的理论原则。

  习近平法治思想阐明了建设社会主义法治国家、建设中国特色社会主义法治体系、推进法治领域改革之间的关系,实现了全面推进依法治国进程中目标、框架、实现路径之间的统一。推进全面依法治国,总目标是建设中国特色社会主义法治体系,建设社会主义法治国家。中国特色社会主义法治体系既是总目标,又是总抓手。法治体系是由法律规范、法治实施、法治监督、法治保障、党内法规五大体系构成,打通了建设社会主义法治国家总目标与实施总目标之间的联结,使得建设社会主义法治国家的目标变成了可实施的工程。“五大体系”的建设,则通过法治领域的改革来推动,要针对立法、执法、司法、守法等领域的突出矛盾和问题,进行体制机制和制度的变革。

  唯物辩证法是实践要求的哲学基础。在认识和处理中国特色社会主义法治体系实施过程中的各种问题时,习近平法治思想始终体现了坚持实践第一的观点。法治文明进步是一个过程,它需要一代又一代人按照法治的理想和目标不懈奋斗,它需要一个从法治实践到法治理念、再从法治理念到法治实践的不断提升过程。两者之间实际上是一种良性互动的关系。它还体现了善于在对立中把握同一的辩证思维,在法治与社会诸多因素的矛盾中,既看到它们之间的对立关系,又看到它们之间的统一性,这种统一的基础就在于制度的性质同一、目标同一,在对立统一的过程中,法治与其他社会因素得以相互促进,协调发展。

  

  发挥全媒体传播优势

  宣传阐释好习近平法治思想

  人民日报社副总编辑  王一彪

  深入学习宣传贯彻习近平法治思想,是宣传思想战线的重大政治任务。人民日报社统筹网上网下、内宣外宣,充分发挥新闻报道、评论理论文章和全媒体传播优势,深入宣传阐释习近平法治思想的核心要义、精神实质、丰富内涵、实践要求,推动习近平法治思想学习宣传贯彻往深里走、往实里走、往心里走,引导广大干部群众增强“四个意识”、坚定“四个自信”、做到“两个维护”,增强对宪法法律的内心拥护、真诚信仰、自觉遵从,把习近平法治思想贯彻落实到全面依法治国全过程和各方面。

  加强阐释解读,深入揭示习近平法治思想的理论意义。做好习近平法治思想宣传阐释,必须提高政治站位,以系统思维、整体视角、联系观点加深认识理解,讲清楚习近平法治思想是马克思主义法治理论中国化最新成果,是全面依法治国的根本遵循和行动指南,引导全党全社会坚定不移以习近平法治思想为指导推进全面依法治国。要创新方式方法,特别是要重视运用互联网开展宣传,让党的创新理论“飞入寻常百姓家”。

  讲好法治故事,充分展现习近平法治思想的实践价值。习近平法治思想扎根中国特色社会主义法治实践沃土,在推动更高水平法治中国建设的时代进程中彰显实践品格、展现实践伟力。要多用现实生活中的具体实例来阐明良法善治的深刻道理,让读者在潜移默化中受到感染、得到启迪。要加强议题设置,生动反映群众心声、社会焦点、民生热点,让人民群众能够从真实鲜活生动的报道中提升获得感幸福感安全感。要坚持短实新,运用群众易于理解的语言、乐于接受的方式,不断增强法治报道的亲和力感染力吸引力。要顺应移动化社交化可视化趋势,充分运用新技术新载体新形式,加强互动式服务式场景式传播,增强受众的参与感体验感。

  强化对外宣介,着力扩大习近平法治思想的世界影响。习近平法治思想既展现了中国特色社会主义法治理论的时代篇章,又对人类法治文明发展作出中国贡献。面对“世界怎么了、我们怎么办”的时代之问,我们坚持以更大力度、更实举措加强和改进国际传播工作,向国际社会阐释宣介好习近平法治思想。做好习近平法治思想宣传阐释,要着眼“两个大局”,统筹推进国内法治和涉外法治,用科学理论逻辑和雄辩有力事实,彰显中国特色社会主义法治道路的显著优越性。

  

  习近平总书记关于坚持中国特色社会主义法治道路的重要思想

  中国社会科学院学部委员、中国法学会学术委员会副主任  李  林

  坚持中国特色社会主义法治道路,是习近平法治思想科学理论体系的重要组成部分,在全面依法治国的理论和实践中,具有方向性、唯一性的重要地位,发挥着引领性、决定性的重要作用。

  全面依法治国,必须走对路。回顾百年来我们党领导人民探索推进法治建设的辉煌历史,总结新中国成立70多年来社会主义法治建设取得的各项成就,大大小小可以列举出十几条、几十条,但归结起来就是开辟了中国特色社会主义法治道路这一条。中国特色社会主义法治道路,是社会主义法治建设成就和经验的集中体现,是建设社会主义法治国家的唯一正确道路,从根本上保证了我国社会主义法治建设的正确方向。

  方向决定前途,道路决定命运。全面推进依法治国这件大事能不能办好,最关键的是方向是不是正确、政治保证是不是坚强有力,具体讲就是要坚持党的领导,坚持中国特色社会主义制度,贯彻中国特色社会主义法治理论。这三个方面实质上是中国特色社会主义法治道路的核心要义,规定和确保了中国特色社会主义法治体系的制度属性和前进方向。在走什么样的法治道路问题上,必须向全社会释放正确而明确的信号,指明全面推进依法治国的正确方向,统一全党全国各族人民认识和行动。

  走自己的路,是党的全部理论和实践立足点,更是党百年奋斗得出的历史结论。我们党领导人民开辟和拓展的中国特色社会主义法治道路,本质上是中国特色社会主义道路在法治领域的具体体现,是确认和保障中华民族站起来、富起来、强起来的法治强国之路,是坚持党的领导、人民当家作主、依法治国有机统一的民主政治发展之路,是我们党领导人民治国理政、以人民为中心、为人民谋幸福、为民族谋复兴、以保障人民权益为根本目的的法治幸福之路,是在法治轨道上推进国家治理体系和治理能力现代化的良法善治之路,是把我国建设成为富强民主文明和谐美丽的社会主义现代化强国,实现中华民族伟大复兴的圆梦之路。

  在全面建设社会主义现代化国家新征程上,我们要高举习近平法治思想伟大旗帜,坚定不移走中国特色社会主义法治道路,更加重视法治、厉行法治,更好发挥法治固根本、稳预期、利长远的保障作用,奋力开创法治中国建设新局面。

  

  坚持科学立法 加强改进立法工作

  中国法学会副会长、全国人大常委会法工委副主任  许安标

  党的十八大以来,习近平总书记高度重视立法工作,对科学立法作出了深入阐述,为我们做好新时代立法工作提供了根本遵循。

  一是提高立法质量和效率。提高立法质量是立法工作的永恒主题,要坚持党中央的集中统一领导,充分发挥人大及其常委会在立法工作中的主导作用,深入推进科学立法、民主立法、依法立法,提高把握立法规律的能力,加强组织协调,妥善解决立法中的重点难点焦点问题,在保证立法质量的同时,进一步提高立法效率。二是加强重点领域、新兴领域、涉外领域立法。习近平总书记深刻指出了立法的重点方向。要从政治和全局的高度深刻认识新时代立法工作担负的使命责任,科学拟定立法规划计划、确定立法项目,集中力量、全力以赴完成好党中央部署的重大立法任务,积极回应人民群众对立法工作的新要求新期待,为推动高质量发展、统筹发展和安全提供法治支撑。三是在法治下推进改革,在改革中完善法治。习近平总书记科学阐释了改革和法治的关系,如鸟之两翼、车之两轮。要坚持立法主动适应改革和经济社会发展需要,积极主动研究改革举措涉及的立法问题,及时制定、修改、解释、废止有关法律。一些尚处于探索实践中,立改废释的条件暂不成熟而实践又迫切需要的,可以通过法定程序进行授权,先行先试,条件成熟后再上升为法律规定。四是将社会主义核心价值观融入立法。习近平总书记深刻阐述了法律和道德的关系。法律是成文的道德,道德是内心的法律。立法要树立鲜明道德导向,弘扬美德义行,更好地体现国家的价值目标、社会的价值取向、公民的价值准则,为道德提供有力制度支撑。五是完善立法体制机制。习近平总书记对完善立法体制机制提出了明确要求。要进一步完善立项、起草、论证、协调、审议、表决等机制,丰富立法形式,增强立法针对性,做到能具体的尽量具体、能明确的尽量明确,重在管用。六是维护社会主义法制的统一、尊严、权威。习近平总书记深刻指出了维护国家法治统一的重要性。要加强宪法实施和监督,推进合宪性审查工作。要加强备案审查,严格落实有件必备、有备必审、有错必纠要求,不断提高备案审查工作能力和水平。

 

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Unswervingly follow the path of socialist rule of law with Chinese characteristics
——Excerpt from the speech at the Forum on Xi Jinping Thought on the Rule of Law

"People's Daily" (page 09, September 27, 2021)

Adhering to the people-centered fundamental position is an important part of Xi Jinping Thought on the Rule of Law

Xin Chunying, Deputy Secretary-General of the Standing Committee of the National People's Congress

General Secretary Xi Jinping pointed out, "We must keep in mind that our republic is the People's Republic of China, always put the people in the highest position in our hearts, always serve the people wholeheartedly, and always work hard for the interests and happiness of the people." Adhering to the fundamental stance of putting people at the center is an important part of Xi Jinping's thought on the rule of law, and it reflects General Secretary Xi Jinping's feelings of being close to the people, loving the people, and serving the people.

Adhere to the fundamental position of people-centered, and the most important thing is to use the system to ensure that the people are the masters of the country. The people's congress system is my country's fundamental political system and an important institutional platform for the people to be the masters of the country. As the ruling party, the Communist Party of China supports and guarantees the people's exercise of state power through the system of people's congresses, and ensures that the people manage state affairs, economic and cultural undertakings, and social affairs through various channels and forms in accordance with the law. It is necessary to give full play to the role of the fundamental political system of the people's congress, and through this system, the future and destiny of the country and the nation must be firmly in the hands of the people.

Legislative power plays an important role in the national power system. my country's legislation systematically ensures the wide participation of the people and realizes the people's democracy in the whole process. The Legislative Law clearly stipulates the principle of legislative disclosure, and clearly stipulates legislative demonstrations, hearings, and solicitation of opinions on draft laws, etc., to ensure that each piece of legislation reflects the principles of the Constitution and the fundamental interests of the broadest masses of the people. Since the 18th National Congress of the Communist Party of China, the National People's Congress and its Standing Committee have insisted on opening the door to legislation, strengthening the construction of grass-roots legislative contact points, and improving the public consultation and feedback mechanism for draft laws, ensuring that the people can effectively participate in legislation through various channels, and making legislation better. Embody the people's sentiments, gather the people's opinions, concentrate the people's wisdom, and promote the people's democracy in the whole process to be deeply rooted in the hearts of the people.

General Secretary Xi Jinping emphasized: "The important principle of the people's congress system and the basic requirements of the system design are that the power of any state organ and its staff must be restricted and supervised." The supervision power of the people's congress is an important part of our constitutional system. The component is the supervision with legal effect on behalf of the state and the people. The people's congresses at all levels and their standing committees take ensuring and developing the people's mastery of the country as their own responsibility, strive to expand citizens' orderly political participation, listen to the people's opinions and suggestions, and unblock the channels for the reflection and expression of social conditions and public opinion. The fundamental interests of the broadest masses of the people.

Adhere to the fundamental stance of putting people at the center, give full play to the role of the people's representatives, and solve the most direct and practical interests of the people. Deputies to people's congresses at all levels are elected through legal procedures, perform their duties and play their roles in people's congresses at all levels, and are the link between the people and the government. Over the years, the standing committees of the people's congresses at all levels have formed a set of working mechanisms to serve deputies to perform their duties. Deputies to people's congresses at all levels learn about social conditions and public opinions and reflect the demands of the masses through various means. The standing committees of the people's congresses at all levels have continuously improved the system for contacting deputies, improving the contact mechanism for deputies, and effectively strengthening the contact between the people's congresses and their standing committees with deputies, and between deputies and the people.



The Significance of Xi Jinping Thought on the Rule of Law

Zhang Wenxian, Member of the Party Group of China Law Society, Director of the Academic Committee, and Deputy Director of the Xi Jinping Thought on the Rule of Law Research Center

The great significance of Xi Jinping's thought on the rule of law can be understood from the "one root and four dimensions". "One root" means a "fundamental", and Xi Jinping's thought on the rule of law is the fundamental guiding ideology for comprehensively ruling the country according to law; , practical significance, world significance.

The great significance of Xi Jinping's thought on the rule of law, in a nutshell, is that "Xi Jinping's thought on the rule of law is the fundamental guiding ideology for comprehensively ruling the country according to law", that is, Xi Jinping's thought on the rule of law is the fundamental position, viewpoint and method of the Party and the people in dealing with the issue of the rule of law in the new era. A guide to action and fundamentals to follow in running a country. Xi Jinping's thought on the rule of law profoundly revealed the historical law that "the rule of law will prosper the country, and the strong rule of law will make the country strong", and incisively expounded the important position of the comprehensive rule of law, and creatively proposed that the comprehensive rule of law is a profound revolutionary science in national governance. proposition. These important ideas guide the whole party and the people of all ethnic groups in the country to strive hard to build a socialist country under the rule of law and advance the modernization of national governance.

The political significance of Xi Jinping's thought on the rule of law is embodied in the fact that it points out the political direction of comprehensively governing the country by law. Political direction determines the success or failure of ruling the country by law. Only by always adhering to the Party's leadership over the comprehensive rule of law, adhering to the people-centered approach, and sticking to the path of socialist rule of law with Chinese characteristics, can we ensure that the comprehensive rule of law is advanced in an orderly and effective direction along the correct political direction, and we can build a higher-level rule-of-law China as scheduled. .

The theoretical significance of Xi Jinping's thought on the rule of law is embodied in the fact that it has injected a strong impetus into the continued promotion of the Sinicization of the Marxist theory of the rule of law, pointed out the right direction, paved a scientific path, and guided legal theorists to continuously study new issues, summarize new experiences, and explore New resources, form new concepts, develop new theories, build a theoretical system of the rule of law with richer ideas, deeper connotations, more rigorous logic, and more refined language, and promote the sinicization, modernization, and popularization of Marxist rule of law theory.

The practical significance of Xi Jinping's thought on the rule of law is embodied in its profound exposition of the fundamental compliance, strategic layout, key tasks, and important guarantees of comprehensively governing the country by law, and has pointed out the direction, path and motivation for deepening the practice of comprehensively governing the country by law.

The world significance of Xi Jinping's thought on the rule of law is embodied in the fact that it has contributed Chinese wisdom to the progress of human political civilization and provided Chinese solutions for the reform of the global governance system. Standing at the height of world history and global development, Xi Jinping's thought on the rule of law has deeply grasped the development trend of human political civilization, and creatively proposed new concepts, new ideas and new strategies to promote the development and progress of human social and political civilization. The reform of the governance system provides scientific theories and practical solutions.



The core essence of Xi Jinping's thought on the rule of law

Xu Xianming, Vice President of China Law Society, Vice Chairman of the Supervision and Judicial Committee of the National People's Congress

The core essence and theoretical essence of Xi Jinping's thought on the rule of law is embodied in the "Eleven Persistences" proposed and systematically elaborated by General Secretary Xi Jinping at the Central Work Conference on Comprehensively Governing the Country by Law.

Adhere to the party's leadership of the comprehensive rule of law. The Party's leadership is the fundamental guarantee for advancing the comprehensive rule of law. The Party's leadership is the soul of my country's socialist rule of law, and the socialist rule of law must adhere to the Party's leadership.

Adhere to the people-centered approach. The broadest and deepest foundation of comprehensive rule of law is the people, and the fundamental purpose of promoting comprehensive rule of law is to protect the rights and interests of the people in accordance with the law. We must strive to make the people feel fairness and justice in every legal system, every law enforcement decision, and every judicial case.

Adhere to the path of socialist rule of law with Chinese characteristics. The socialist path of the rule of law with Chinese characteristics is essentially the concrete manifestation of the path of socialism with Chinese characteristics in the field of rule of law. To advance the rule of law in an all-round way, we must take the right path. We must proceed from China's national conditions and actual conditions, and take the path of the rule of law that suits us.

Adhere to the rule of law and the governance of the country according to the constitution. The Constitution is the fundamental law of the country and has the highest legal effect. Governing the country according to the law is first of all to govern the country according to the constitution, and to govern according to the law is first to govern according to the constitution. It is necessary to strengthen the implementation and supervision of the constitution, promote the review of constitutionality, and maintain the unity of the country's rule of law.

Adhere to the modernization of the national governance system and governance capacity on the track of the rule of law. The rule of law is an important support for the national governance system and governance capacity. Only by comprehensively governing the country according to law can the system, standardization and coordination of the national governance system be effectively guaranteed and social consensus can be gathered to the greatest extent.

Adhere to the construction of a socialist rule of law system with Chinese characteristics. It is necessary to speed up the formation of a complete system of legal norms, an efficient system for implementing the rule of law, a strict system for supervising the rule of law, and a strong system for guaranteeing the rule of law, and a complete system of intra-Party regulations. We must adhere to the combination of the rule of law and the rule of virtue, and realize that the rule of law and the rule of virtue complement each other and complement each other.

Adhere to the joint promotion of the rule of law, the rule of law, and the law-based administration, and the integrated construction of a rule of law country, a rule of law government, and a rule of law society. Governing the country in an all-round way by law is a systematic project, and it must be planned as a whole, with more emphasis on systematicness, integrity and coordination.

Adhere to the comprehensive promotion of scientific legislation, strict law enforcement, impartial justice, and law-abiding by all people. It is necessary to continue to advance reforms in the field of the rule of law, and resolve outstanding contradictions and problems in the fields of legislation, law enforcement, judiciary, and law-abiding.

Adhere to the overall promotion of domestic rule of law and foreign rule of law. It is necessary to speed up the strategic layout of foreign-related legal work, and coordinate the promotion of domestic governance and international governance. It is necessary to actively participate in the formulation of international rules, propose reform plans, promote reforms in global governance, and promote the building of a community with a shared future for mankind.

Adhere to the construction of a high-quality legal team with both ability and political integrity. It is necessary to promote the revolutionization, regularization, specialization, and professionalization of the specialized teams for the rule of law, and ensure that they are loyal to the party, the country, the people, and the law. The legal service team is an important force for comprehensively governing the country according to law.

Adhere to the "key minority" of leading cadres. Leading cadres specifically exercise the party's ruling power and the state's legislative, administrative, supervisory, and judicial powers, and whether the party's leadership can be concretely implemented in the practice of comprehensively governing the country according to law, leading cadres are the key.



The Theoretical Origins of Xi Jinping Thought on the Rule of Law

Gong Pixiang, Dean of the China Institute of Modernization of the Rule of Law, Nanjing Normal University, and Member of the Academic Committee of the China Law Society

The theoretical origins of Xi Jinping's thought on the rule of law are rich, the most important and fundamental of which is Marxist philosophy.

In the great practice of governing the country in the new era, General Secretary Xi Jinping applied the basic principles and methodology of Marxist philosophy to in-depth thinking and research to solve a series of major problems in comprehensively governing the country according to law, and promoted historic changes and achievements in the field of the rule of law. .

1. Creatively expound the principle of the material unity of the world, and insist on planning and promoting the construction of a rule-of-law China based on the national conditions of contemporary China. To follow the principle of the unity of world matter, the most important thing is to insist that everything proceed from objective reality. The biggest objective reality of contemporary China is that our country is still in and will be in the primary stage of socialism for a long time. To advance the rule of law in an all-round way, we must firmly base ourselves on the reality of the primary state of socialism, the biggest reality of the country. General Secretary Xi Jinping not only fully affirmed the decisive role of certain social and material living conditions on the legal superstructure, but also scientifically grasped the dynamic reaction of the legal superstructure to the economic and social foundation. It is necessary to give full play to the role of the rule of law in consolidating fundamentals, stabilizing expectations, and benefiting the long-term, so as to ensure that the country's development in the era of great change is both vigorous and orderly.

2. Creatively expounding the principle that the masses are the creators of history, profoundly expounding and adhering to the people-centered rule of law, and fully demonstrating the value orientation of comprehensively governing the country by law. General Secretary Xi Jinping scientifically grasps the basic principle of historical materialism that the people are the fundamental force driving historical development. Therefore, in order to adhere to the people-centered and comprehensive rule of law, we must adhere to the dominant position of the people, "develop people's democracy in the whole process", and support and ensure that the people exercise state power through the people's congress; We must adhere to safeguarding social fairness and justice, and demonstrate the value orientation of the supremacy of the people in the work of the rule of law.

3. Creatively expounding the fundamental method of materialist dialectics, establishing a scientific methodology for comprehensively ruling the country according to law, and providing "big logic" for comprehensively ruling the country according to law. General Secretary Xi Jinping uses the basic point of view of the universal connection and development of things to analyze the internal relationship between the comprehensive rule of law and other areas of the national governance system, put the comprehensive rule of law in the "four comprehensive" strategic layout, and reveal the comprehensive rule of law. The interconnection and interaction among various fields, parts, elements, and links within the systems engineering enhance the systemic, holistic and synergistic nature of the comprehensive rule of law. General Secretary Xi Jinping used the fundamental method of dialectics of Marxist thinking to profoundly expound on the major dialectical relations between politics and the rule of law, reform and the rule of law, development and security, rule of law and rule of virtue, rule of law and rule of the party, and so on, so as to provide scientific understanding of comprehensive and legal relations. The dialectical logic of state governance provides the fundamental compliance.



The Practical Requirements of Xi Jinping Thought on the Rule of Law

Gan Zangchun, Vice President of China Law Society

Practical requirements are an important part of Xi Jinping's thought on the rule of law. It answers how to scientifically understand and solve various major and realistic problems encountered in the implementation of the socialist rule of law system with Chinese characteristics, so as to ensure the smooth realization of the overall goal of building a socialist country under the rule of law. In this regard, General Secretary Xi Jinping made a systematic exposition.

Starting from the functional characteristics of the rule of law to consolidate the fundamentals, stabilize expectations, and benefit the long-term, Xi Jinping's thought on the rule of law scientifically answers the internal connection between the rule of law and various elements, and requires that in the process of comprehensively promoting the rule of law, the realization of the relationship between the rule of law and many social factors coordinated development between. It puts forward theoretical principles for correctly handling the major relationships between politics and the rule of law, the rule of law and high-quality economic and social development, the rule of law and social harmony, the rule of law and the protection of cultural prosperity, the rule of law and the construction of ecological civilization, the rule of law and world peace, and the rule of law and morality.

Xi Jinping's thought on the rule of law clarifies the relationship between building a socialist country under the rule of law, building a socialist rule of law system with Chinese characteristics, and advancing reforms in the field of the rule of law. The overall goal of advancing the rule of law in an all-round way is to build a socialist rule of law system with Chinese characteristics and a socialist country under the rule of law. The socialist rule of law system with Chinese characteristics is both the general goal and the starting point. The rule of law system is composed of five systems: legal norms, rule of law enforcement, rule of law supervision, rule of law guarantees, and intra-party regulations. It connects the general goal of building a socialist country under the rule of law and the general goal of its implementation, making the goal of building a socialist country under the rule of law change. into an implementable project. The construction of the "five systems" is promoted through reforms in the field of the rule of law. It is necessary to carry out institutional and institutional changes in response to prominent contradictions and problems in the fields of legislation, law enforcement, judiciary, and law-abiding.

Materialist dialectics is the philosophical basis of practical requirements. When recognizing and dealing with various problems in the implementation of the socialist rule of law system with Chinese characteristics, Xi Jinping's thought on the rule of law has always embodied the viewpoint of adhering to practice first. The progress of the rule of law civilization is a process that requires unremitting struggle from generation to generation in accordance with the ideals and goals of the rule of law. There is actually a positive interaction between the two. It also embodies the dialectical thinking that is good at grasping the identity in the opposition. In the contradiction between the rule of law and many social factors, it sees both the opposition between them and the unity between them. The basis of this unity is In the process of the unity of opposites, the rule of law and other social factors can promote each other and develop in harmony.



Leverage the advantages of all media Propaganda and interpretation of Xi Jinping's thought on the rule of law

People's Daily Deputy Editor-in-Chief Wang Yibiao

In-depth study, propaganda and implementation of Xi Jinping's thought on the rule of law is a major political task of the propaganda and ideological front. People's Daily coordinated online and offline, internal and external publicity, gave full play to the advantages of news reports, commented on theoretical articles and all-media dissemination, in-depth publicity and interpretation of the core essence, spiritual essence, rich connotation, and practical requirements of Xi Jinping's thought on the rule of law, and promoted Xi Jinping's thought on the rule of law. Study, publicize and implement to go deep, to the truth, and to the heart, and guide the cadres and the masses to enhance the "four consciousness", strengthen the "four self-confidence", achieve "two maintenance", and strengthen the inner support of the Constitution and the law , sincere belief, conscious compliance, and the implementation of Xi Jinping's thought on the rule of law in the entire process and in all aspects of comprehensively governing the country by law.

Strengthen the interpretation and interpretation, and deeply reveal the theoretical significance of Xi Jinping's thought on the rule of law. To do a good job in the publicity and interpretation of Xi Jinping's thought on the rule of law, we must improve our political position, deepen our understanding and understanding with systematic thinking, an overall perspective, and a connection point of view, and make it clear that Xi Jinping's thought on the rule of law is the latest achievement of the Sinicization of the Marxist theory of the rule of law, and it is the fundamental compliance and comprehensive rule of law. The action guide guides the whole party and the whole society to unswervingly promote the comprehensive rule of law under the guidance of Xi Jinping's thought on the rule of law. It is necessary to innovate methods and methods, especially the use of the Internet to carry out publicity, so that the party's innovative theory "flyes into the homes of ordinary people."

Tell the story of the rule of law well and fully demonstrate the practical value of Xi Jinping's thought on the rule of law. Xi Jinping's thought on the rule of law is rooted in the fertile ground for the practice of socialist rule of law with Chinese characteristics, and it demonstrates the character of practice and the mighty power of practice in the process of promoting the construction of a higher-level rule of law in China. It is necessary to use concrete examples in real life to illustrate the profound truth of good law and good governance, so that readers can be subtly infected and enlightened. It is necessary to strengthen the setting of topics, vividly reflect the voices of the masses, social focus, and hot spots of people's livelihood, so that the people can improve their sense of happiness, happiness, and security from real and vivid reports. It is necessary to adhere to the short and the new, and use the language that is easy for the masses to understand and accept the method to continuously enhance the affinity and appeal of legal reports. It is necessary to conform to the trend of mobile social visualization, make full use of new technologies, new carriers and new forms, strengthen interactive service-based scene-based communication, and enhance the audience's sense of participation and experience.

Strengthen external publicity and focus on expanding the world influence of Xi Jinping's thought on the rule of law. Xi Jinping's thought on the rule of law not only shows the era chapter of the socialist rule of law theory with Chinese characteristics, but also makes a Chinese contribution to the development of human rule of law civilization. Faced with the question of "what's wrong with the world, what should we do?", we insisted on strengthening and improving international communication with greater and more practical measures, and explained and promoted Xi Jinping's thought on the rule of law to the international community. To do a good job in the publicity and interpretation of Xi Jinping's thought on the rule of law, we must focus on the "two overall situations", coordinate the promotion of the domestic rule of law and the foreign-related rule of law, and use scientific theoretical logic and eloquent and powerful facts to demonstrate the remarkable advantages of the socialist rule of law path with Chinese characteristics.



General Secretary Xi Jinping's Important Thought on Adhering to the Road of Socialist Rule of Law with Chinese Characteristics

Li Lin, Member of the Academic Division of the Chinese Academy of Social Sciences and Deputy Director of the Academic Committee of the China Law Society

Adhering to the path of socialist rule of law with Chinese characteristics is an important part of the scientific and theoretical system of Xi Jinping's thought on the rule of law. In the theory and practice of comprehensively ruling the country by law, it has an important position of direction and uniqueness, and plays a leading and decisive important role.

To comprehensively govern the country according to law, we must go the right way. Looking back at the glorious history of our party leading the people to explore and promote the construction of the rule of law over the past century, and summarizing the achievements of the socialist rule of law construction over the past 70 years since the founding of New China, we can list a dozen or so of them, but they can be summed up as follows: It has opened up the road of socialist rule of law with Chinese characteristics. The path of socialist rule of law with Chinese characteristics is a concentrated expression of the achievements and experience of socialist rule of law construction, and the only correct path for building a socialist country under the rule of law, which fundamentally guarantees the correct direction of socialist rule of law construction in our country.

The direction determines the future, and the road determines the destiny. Whether the major event of comprehensively advancing the rule of law can be done well, the most critical thing is whether the direction is correct and whether the political guarantee is strong. theory. These three aspects are essentially the core essence of the road of socialist rule of law with Chinese characteristics, which stipulates and ensures the institutional attributes and direction of the socialist rule of law system with Chinese characteristics. On the question of what path to take under the rule of law, we must send a correct and clear signal to the whole society, point out the correct direction for comprehensively advancing the rule of law, and unify the understanding and actions of the entire party and the people of all ethnic groups.

Walking on one's own path is the theoretical and practical foothold of the Party, and it is the historical conclusion drawn by the Party's century-long struggle. The path of socialist rule of law with Chinese characteristics pioneered and expanded by our party under the leadership of the people is essentially the concrete manifestation of the path of socialism with Chinese characteristics in the field of rule of law. It is the path of democratic political development that adheres to the leadership of the party, the people are the masters of the country, and the rule of law is the organic unity of the democratic political development. The road to happiness under the rule of law, which is the fundamental purpose, is the path of good law and good governance to modernize the country’s governance system and governance capacity on the track of the rule of law, and it is the way to build my country into a powerful modern socialist country that is prosperous, strong, democratic, culturally advanced, harmonious, and beautiful, and realizes the great rejuvenation of the Chinese nation. The road to dreams.

On the new journey of building a modern socialist country in an all-round way, we must hold high the great banner of Xi Jinping's thought on the rule of law, unswervingly follow the path of socialist rule of law with Chinese characteristics, pay more attention to and enforce the rule of law, and give better play to the rule of law to consolidate the fundamentals, stabilize expectations, and benefit the long-term The role of safeguarding, and striving to create a new situation in the construction of the rule of law in China.



Adhere to scientific legislation and strengthen and improve legislative work

Xu Anbiao, Vice President of China Law Society and Deputy Director of the Legal Affairs Committee of the Standing Committee of the National People's Congress

Since the 18th National Congress of the Communist Party of China, General Secretary Xi Jinping has attached great importance to legislative work, and has made an in-depth exposition on scientific legislation, which provides a fundamental basis for us to do a good job of legislative work in the new era.

The first is to improve the quality and efficiency of legislation. Improving the quality of legislation is the eternal theme of legislative work. We must adhere to the centralized and unified leadership of the Party Central Committee, give full play to the leading role of the National People's Congress and its Standing Committee in legislative work, and further promote scientific, democratic, and law-based legislation, and improve the ability to grasp the laws of legislation. capacity, strengthen organization and coordination, properly resolve key, difficult, and focal issues in legislation, and further improve legislative efficiency while ensuring the quality of legislation. The second is to strengthen legislation in key areas, emerging areas and foreign-related areas. General Secretary Xi Jinping pointed out the key direction of legislation. It is necessary to deeply understand the mission and responsibilities of legislative work in the new era from the perspective of politics and the overall situation, scientifically formulate legislative planning plans, determine legislative projects, concentrate efforts and go all out to complete the major legislative tasks deployed by the Party Central Committee, and actively respond to the people's views on legislation New requirements and new expectations for work, providing legal support for promoting high-quality development, overall development and security. The third is to promote reform under the rule of law and improve the rule of law in the course of reform. General Secretary Xi Jinping scientifically explained the relationship between reform and the rule of law, like the two wings of a bird and the two wheels of a car. It is necessary to insist that legislation actively adapt to the needs of reform and economic and social development, actively study the legislative issues involved in reform measures, and promptly formulate, revise, interpret, and abolish relevant laws. Some are still in exploratory practice, and the conditions for establishing, reforming, abolishing and releasing are not yet mature, but they are urgently needed for practice, and they can be authorized through legal procedures, first try first, and then upgrade to legal provisions when the conditions are mature. The fourth is to integrate socialist core values ​​into legislation. General Secretary Xi Jinping profoundly expounded on the relationship between law and morality. The law is written morality, and morality is the inner law. Legislation must establish a clear moral orientation, promote virtue and righteous conduct, better reflect the country's value goals, society's value orientation, and citizens' value guidelines, and provide strong institutional support for morality. Fifth, improve the legislative system and mechanism. General Secretary Xi Jinping put forward clear requirements for improving the legislative system and mechanism. It is necessary to further improve the mechanism of project initiation, drafting, demonstration, coordination, deliberation, voting, etc., enrich the legislative form, strengthen the pertinence of legislation, and make it as specific as possible, as specific as possible, and as clear as possible, focusing on effectiveness. Sixth, safeguard the unity, dignity and authority of the socialist legal system. General Secretary Xi Jinping profoundly pointed out the importance of maintaining the unity of the country's rule of law. It is necessary to strengthen the implementation and supervision of the constitution, and promote the review of constitutionality. It is necessary to strengthen the filing review, strictly implement the requirements that all items are necessary, that all preparations must be reviewed, and that errors must be corrected, and continuously improve the ability and level of filing review work.

 

 

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