Entrusted by the Political Bureau of the Central Committee, I explained to the plenary the drafting of the “Decision of the Central Committee of the Communist Party of China on the Comprehensive Promotion of Certain Important Issues Concerning the Rule of Law.”
I. About the decision of the plenary drafting process and process
After the Third Plenary Session of the 18th CPC Central Committee, the Central Government began to study and consider the issues of the Fourth Plenum of the 18th CPC Central Committee. The 18th CPC National Congress proposed the goal of building a well-to-do society in an all-round way. The Third Plenary Session of the 18th CPC Central Committee made a top-level design for the comprehensive deepening of reforms. To achieve this objective, the implementation of this top-level design requires reliable protection from the rule of law.
The Party’s 18th National Congress proposed that the rule of law is the basic way to govern the country, speed up the construction of a socialist country under the rule of law, advance the rule of law in an all-round manner; by 2020, the basic principle of ruling the country in accordance with the law shall be fully implemented, the rule of law government shall be basically completed, and the judicial credibility shall be continuously improved. Human rights are effectively respected and guaranteed. The Third Plenary Session of the 18th CPC Central Committee further proposed that the construction of the rule of law China must adhere to the principle of governing the country according to law, governing according to law, and advancing administration in accordance with the law. We must adhere to the construction of the rule of law, the rule of law, and the rule of law. We must fully implement these arrangements and requirements, speed up the construction of a socialist country under the rule of law, and carry out a comprehensive deepening of the top-level design of reforms. This will involve the long-term development of socialism with Chinese characteristics.
Law is the governing device of the country, and the rule of law is an important basis for the governance system and governance capabilities of the country. Promoting the rule of law in an all-round manner is a series of major issues facing the development of the party and the country’s undertakings, the fundamental requirement for emancipating and enhancing social vitality, promoting social fairness and justice, safeguarding social harmony and stability, and ensuring the long-term stability of the party and the country. To promote the sustained and healthy development of our country’s economy and society, and constantly open up broader prospects for the development of socialism with Chinese characteristics, we must comprehensively advance the building of a socialist country under the rule of law and provide an institutionalized solution to these problems from the perspective of the rule of law.
Since the reform and opening up, our party has always attached great importance to the rule of law. In December 1978, Comrade Deng Xiaoping pointed out: “We should concentrate our efforts on the formulation of criminal law, civil law, procedural law, and all other necessary laws, such as factory law, people’s commune law, forest law, grassland law, environmental protection law, labor law, Foreign investment laws, etc., have been discussed and approved through certain democratic procedures, and prosecutors and judicial authorities have been strengthened so that there are laws to follow, laws must be enforced, laws must be enforced, and violations must be investigated.” Proposed by the 15th Party Congress To govern the country according to law and build a socialist country under the rule of law, stressing that governing the country according to law is the basic strategy for the party to lead the people in governing the country, it is an objective requirement for the development of a socialist market economy, an important symbol of progress in social civilization, and an important guarantee for the long-term stability of the country. The 16th CPC National Congress proposed that the most fundamental thing in developing socialist democratic politics is to organically unite the adherence to the leadership of the party, the mastery of the people, and the rule of law. The 17th CPC National Congress proposed that governing the country according to law is a basic requirement for socialist democracy, emphasizing that we must fully implement the basic strategy of governing the country according to law and speed up the construction of a socialist country under the rule of law. The 18th National Party Congress emphasized that we must pay more attention to the important role of the rule of law in national governance and social management.
Since the party’s 18th National Congress, the party Central Committee has attached great importance to governing the country according to law, emphasizing the implementation of the basic strategy of ruling the country in accordance with the law and accelerating the construction of a socialist country under the rule of law. It must comprehensively advance the process of scientific legislation, strict law enforcement, fair justice, and the entire people’s law-abiding process, stressing that the leadership of the party must be upheld. Paying more attention to improving the party’s leadership style and governance style; governing the country according to law is first and foremost in accordance with the Constitution; governing according to law is the key to governing according to the constitution; under the new situation, our party must fulfill the important responsibility of governing and rejuvenating the country and must be disciplined strictly according to the party constitution. The party rules and administers the country according to the Constitution; the party leads the people in formulating the constitution and laws, and the party leads the people in implementing the constitution and laws. The party itself must act within the scope of the constitution and the law, truly legislate the party’s leadership, ensure law enforcement, and take the lead in observing the law.
Now that a well-to-do society has been fully established, it will enter a decisive stage, and the reform will enter a period of hardship and deep water. Our party has faced unprecedented tasks of reform, development, and stability, as well as unprecedented challenges to contradictions and risks. Managing the country according to law has become even more prominent and more significant in the overall work of the party and the country. Promoting the rule of law in a comprehensive manner is a major strategic issue that affects our party’s governance and rejuvenation of the country, concerns people’s well-being and well-being, and concerns the long-term stability of the party and the country. It is an important aspect of improving and developing the socialist system with Chinese characteristics and advancing the modernization of the national governance system and governance capabilities. We must implement a series of strategic arrangements made by the Party’s 18th and 18th Central Committee, complete the building of a well-to-do society, realize the Chinese dream of a great rejuvenation of the Chinese nation, and comprehensively deepen reforms, improve, and develop the socialist system with Chinese characteristics. We must make overall arrangements, take practical measures, and take firm steps in comprehensively promoting the rule of law.
Based on this consideration, in January this year, the Politburo of the Central Committee decided that the Fourth Plenary Session of the 18th CPC Central Committee will focus on comprehensively advancing the issue of governing the country according to law and making a decision. To this end, a document drafting group was formed under the leadership of the Standing Committee of the Political Bureau of the Central Committee. The drafting group was composed of the team leaders of Comrade Zhang Dejiang and deputy leader of Comrade Wang Qishan, the responsible comrades of the relevant departments, and the leaders of the two provinces. jobs.
On January 27, the Party Central Committee issued the “Circular on the Fourth Party Plenary Session of the Eighteenth Central Committee of the Communist Party of China for the purpose of comprehensively promoting the issue of governing the country according to law”. On February 12, the document drafting group held its first plenary meeting and the drafting of the document was formally initiated. From February 18 to 25, the document drafting group formed 8 research groups and went to 14 provinces, autonomous regions, and municipalities for research.
From the perspectives of opinions and field research conducted by various parties, we all agreed that the Fourth Plenary Session of the 18th CPC Central Committee studied the issue of comprehensively advancing the rule of law and made a decision. This is significant and far-reaching, in line with the development needs of the party and the country, and the entire party and the entire country. The people of all ethnic groups look forward to it. It is generally hoped that this decision will clearly and comprehensively promote the guiding ideology and general requirements for the rule of law, profoundly clarify the relationship between the Party’s leadership and the rule of law, and other major theoretical and practical issues such as the establishment of the rule of law, and put forward strong suggestions for the outstanding issues reflected by the masses in the work of the rule of law. Effective measures to make a top-level design for the construction of a socialist country under the rule of law.
In the more than eight months since its establishment, the document drafting group has conducted in-depth investigations and studies, widely solicited opinions, conducted special arguments, and repeatedly discussed amendments. During this period, the Politburo Standing Committee held three meetings and the Politburo held two meetings to review the decisions of the plenary session. At the beginning of August, it decided to request a draft of opinion to issue a certain range of opinions within the party to solicit opinions, including soliciting opinions from the party’s old comrades, and specifically listened to the opinions of the central committees of the democratic parties, leaders of the National Federation of Industry and Commerce, and non-partisan individuals.
From the feedback point of view, all parties agreed that the Plenary decided to face the outstanding issues in the field of China’s rule of law construction. Based on the reality of China’s socialist legal construction, it clearly put forward the guiding ideology, general objectives, and basic principles for comprehensively promoting the rule of law, and put forward A series of new viewpoints and new measures to govern the country have answered a series of major theoretical and practical issues such as the relationship between the party’s leadership and the rule of law. They have addressed scientific legislation, strict law enforcement, fair justice, law-abiding people, and the building of the rule of law team, strengthening and improving. The party has fully deployed the leaders who comprehensively promoted the rule of law and responded to the voices of the people and social concerns in a targeted manner. All parties agreed that the Plenary decided to clearly put forward a major assertion of adhering to the socialist rule of law with Chinese characteristics and building a socialist legal system with Chinese characteristics, clearly defining the nature, direction, roads, and means of building a socialist country under the rule of law, and that it will effectively advance the society. Construction of the rule of law.
In the process of soliciting opinions, various parties put forward many good opinions and suggestions. The central government has instructed the drafting group to seriously sort out and study these opinions and suggestions. The drafting group made important changes to the decision of the plenary.
Second, the overall framework of the decision of the plenary and the main content
The Politburo believes that comprehensively advancing the management of the country in accordance with the law involves reform, development and stability, governance of the party and government, internal affairs diplomacy and national defense, and other areas. We must make overall plans based on the overall situation and long-term goals. The Plenary decided that it should be clear-cut to answer major theoretical and practical questions on the construction of the rule of law. It fully affirmed the achievements and experience of China’s socialist legal construction, and also put forward new ideas and new initiatives with a spirit of reform and innovation in light of realities; The key, in turn, reflects the overall requirements for the development of the party and the country’s undertakings; it not only builds high buildings, but also does a good job of top-level design, is down-to-earth, and works effectively; it not only gives close attention to work, but also seeks long-term results.
The plenary meeting decided to draw up five aspects of consideration. First, implement the spirit of the 18th CPC National Congress and the 3rd Plenary Session of the 18th CPC Central Committee; implement the Party Central Committee’s work plan since the 18th National Congress of the Communist Party of the People’s Republic of China; fully implement the well-to-do society; comprehensively deepen reforms; and comprehensively advance the “three comprehensiveness” of governing the country according to law. Logical connections. The second is to focus on the overall layout of the socialist cause with Chinese characteristics and to reflect the requirements for promoting the development of the rule of law by promoting reform and development in all fields, rather than on the rule of law on the rule of law. The third is to reflect the current basic structure of the work of the rule of law, and to make work arrangements in terms of legislation, law enforcement, justice, and compliance with the law. Fourth, persist in the reform direction and problem orientation, adapt to the requirements of advancing the modernization of the national governance system and governance capacity, face the outstanding issues in the legal construction field, respond to the expectations of the people, and strive to put forward reform measures that are of great significance in governing the country according to law. Fifth, based on China’s national conditions, starting from reality, adhere to the socialist rule of law with Chinese characteristics, not only advancing with the times, embodying the spirit of the times, but also copying the model of other countries.
The Plenary decided to divide it into three major sections. Leads and the first part constitute the first section, which is a general comment. The first part clearly stated that we must adhere to the socialist rule of law path with Chinese characteristics, build a socialist legal system with Chinese characteristics, and build a socialist country under the rule of law. We should elaborate on the significance, guiding ideology, general objectives, and basic principles of comprehensively advancing the rule of law, and elaborate on socialism with Chinese characteristics. The scientific connotation of the rule of law system elaborates major issues such as the relationship between the party’s leadership and the rule of law.
The second part to the fifth part constitute the second section. Starting from the current basic pattern of the work of the rule of law, we will discuss and deploy scientific legislation, strict law enforcement, fair justice, and law-abiding people. In the second part, we will improve the socialist legal system with Chinese characteristics under the core of the constitution, strengthen the implementation of the constitution, and proceed from the following four aspects: improving the implementation and supervision of the constitution, perfecting the legislative system, deepening the democratic legislation on scientific legislation, and strengthening legislation in key areas. The implementation and supervision of the constitution put forward basic requirements and specific measures, and embody the relationship between governing the country according to law and the overall layout of the cause of socialism with Chinese characteristics through the deployment of legislation in key areas. The third part is devoted to advancing the administration according to law, accelerating the construction of the government under the rule of law, fully implementing government functions in accordance with the law, improving the legal decision-making mechanism, deepening the reform of the administrative enforcement system, adhering to strictly regulating the fair and civilized law enforcement, strengthening the restriction and supervision of administrative power, and comprehensively advancing the There are six aspects of open government affairs. The fourth part is about guaranteeing fair justice, enhancing judicial credibility, and improving the system of ensuring the independent and fair exercise of judicial power and procuratorial power in accordance with the law, optimizing the allocation of judicial power, advancing strict justice, ensuring the participation of the masses in the judiciary, strengthening judicial protection of human rights, and strengthening the administration of justice. Oversight of activities was carried out in 6 areas. The fifth part is about strengthening the concept of the rule of law of the entire people, advancing the construction of the rule of law society, starting from the four aspects of promoting the whole society’s legislature and rule of law, advancing multi-level and multi-field legal governance, building a complete legal service system, improving legal rights protection and resolving disputes.
The sixth part, the seventh part and the concluding words constitute the third section. The sixth part talks about strengthening the building of the work force of the rule of law, from three aspects: building a high-quality legal team, strengthening the construction of a legal service team, and innovating the legal training system. The seventh part is about strengthening and improving the party’s leadership in promoting the rule of law in an all-round way, from insisting on governing according to law, strengthening the building of the party’s internal legal and institutional system, improving the party’s cadre’s legal thinking and ability to handle affairs in accordance with the law, promoting the rule of law at the grass-roots level, and thoroughly promoting the rule of law. Yan Zhijun, in accordance with the law, safeguarded the “one country, two systems” practice and promoted the unification of the motherland and strengthened foreign-related legal work. Finally, we called on the whole party to fight for the construction of a rule of law China.
Decision of the Central Committee of the Communist Party of China on Comprehensively Promoting Some Major Issues in Governing the Country According to Law (Full Text)
Third, on the need to explain a few issues
First, the relationship between the party’s leadership and the rule of law. The relationship between the party and the rule of law is the core issue of the rule of law. Whether or not the direction is correct and whether political guarantees are strong is the key to comprehensively promoting the rule of law. The most important thing is to uphold the party’s leadership, adhere to the socialist system with Chinese characteristics, and implement the socialist rule of law with Chinese characteristics. theory. The leadership of the party is the most essential feature of socialism with Chinese characteristics and is the most fundamental guarantee of the socialist rule of law. The socialism system with Chinese characteristics is the fundamental institutional foundation of the socialist legal system with Chinese characteristics, and it is the fundamental system guarantee for comprehensively promoting the rule of law. The theory of socialist legality with Chinese characteristics is the theoretical guidance and academic support of the socialist legal system with Chinese characteristics, and it is an action guide for comprehensively promoting the rule of law. These three aspects are essentially the core principles of the socialist rule of law with Chinese characteristics, and stipulate and ensure the institutional attributes and direction of the socialist legal system with Chinese characteristics.
The Plenary decided explicitly to insist that adhering to the leadership of the party is the fundamental requirement of the socialist rule of law, the fundamental place of the party and the country, the place of its lifeline, the system of the interests of the people of all ethnic groups in the country, and the foundation of happiness, and it is an issue for comprehensively advancing the rule of law. There should be meaning in the party; the leadership of the party is consistent with the socialist rule of law; the socialist rule of law must adhere to the leadership of the party, and the leadership of the party must rely on socialist rule of law. The Plenum decided to focus on strengthening and improving the Party’s leadership in the overall promotion of the rule of law, and proposed “three unifications” and “four good deeds”, and made a systematic deployment.
The organic integration of upholding the party’s leadership, the people being the masters of the country, and ruling the country according to law is a basic experience of China’s socialist rule of law. Our country’s constitution reflects the achievements of the party leading the people in revolution, construction, and reform in the form of a fundamental law, and establishes the leading position of the Chinese Communist Party formed in history and in people’s choices. To speak up on this point, we must speak upright and speak loudly. We must clearly explain to the cadres and the masses the essential characteristics of our country’s socialist rule of law and ensure that the original source is cleared and the righteousness is heard.
Second, comprehensively promote the general goal of governing the country according to law. The Plenum decided to propose that the overall goal of ruling the country in accordance with the law is to establish a socialist legal system with Chinese characteristics and to build a socialist country under the rule of law, and to explain this overall goal: Under the leadership of the Chinese Communist Party, adhere to the socialist system with Chinese characteristics and implement China. It has a socialist theory of the rule of law and has formed a complete legal normative system, an efficient implementation system for the rule of law, a strict rule of law supervision system, and a strong legal system to ensure the formation of a sound inner-party legal system. It persists in governing the country according to law, governing according to law, and advancing administration by law. We will uphold the integration of the rule of law, the rule of law, and the rule of law, achieve scientific legislation, strict law enforcement, fair justice, and the entire people’s compliance with the law, and promote the modernization of the country’s governance system and governance capabilities.
Putting forward this general goal not only clarifies the nature and direction of comprehensively advancing the rule of law, but also highlights the overall focus of the promotion of the rule of law. The first is to clearly declare at home and abroad that we will unswervingly follow the road of socialist rule of law with Chinese characteristics. The road of socialist rule of law with Chinese characteristics is a concentrated expression of the achievements and experiences of socialist legal construction, and is the only correct way to build a socialist country under the rule of law. On the question of what kind of rule of law to take, it is necessary to release a correct and clear signal to the entire society, indicate the correct direction for comprehensively promoting the rule of law, and unify the entire party and people of all ethnic groups in the country to recognize and act. The second is to clearly and comprehensively promote the general management of the rule of law. Comprehensively advancing the rule of law involves many aspects. In practical work, there must be an overall grasp of the overall situation and traction. The overall task is to build a socialist legal system with Chinese characteristics. All tasks of administering the country in accordance with the law must be planned and promoted around this mastermind. Third, building a socialist legal system with Chinese characteristics and building a socialist country under the rule of law is an inevitable requirement for realizing the modernization of the country’s governance system and governance capabilities. It is also an indispensable requirement for comprehensively deepening reforms, and is conducive to advancing the modernization of the governance system and governance capacity on the track of the rule of law. It is conducive to comprehensively promoting all tasks of administering the country in accordance with the law within the overall framework of comprehensively deepening reforms, and conducive to deepening reforms on the track of the rule of law.
Third, improve the constitutional implementation and supervision system. The Constitution is the fundamental law of the country. Whether the authority of the rule of law can be established or not depends on the authority of the constitution. It is necessary to take publicity and establishing the authority of the constitution as a major matter in promoting the rule of law in an all-round manner, and to do a good job in the implementation and supervision of the constitution.
The Third Plenary Session of the 18th CPC Central Committee proposed that the supervision mechanism and procedures for the implementation of the constitution should be further improved and that the implementation of the constitutional requirements be raised to a new level. The plenary session decided to further propose to improve the constitutional supervision system of the National People’s Congress and its Standing Committee, improve the mechanism for the interpretation of the constitution, strengthen the record review system and capacity building, and revoke and rectify the unconstitutional and law-breaking regulatory documents according to law; it will be decided on December 4 of each year. It is a national constitution day; it conducts constitutional education in general and promotes the constitutional spirit.
The Plenary decided to propose a constitutional oath. This is a system adopted by most countries in the world that have a written constitution. Of the 142 countries that have written constitutions, there are 97 that stipulate that the public officials in the relevant countries must swear or pledge their constitution. Regarding the body, content, and procedures of the constitutional oath, the practices of various countries are not the same, and the oaths are generally held before the relevant personnel begin to perform their duties or when they take office. The decision of the Plenary Assembly stipulated that all national staff members elected or decided to be appointed by the National People’s Congress and its Standing Committee shall openly swear to the Constitution when they formally assume office. In doing so, it is conducive to highlighting the authority of the constitution, enhancing the constitutional concept of public officials, encouraging public officials to loyal to and safeguarding the constitution, and is also conducive to strengthening the constitutional awareness and establishing the constitutional authority in the entire society.
Fourth, improve the legislative system. Since the founding of New China, especially since the reform and opening up, after a long period of hard work, China has formed a socialist legal system with Chinese characteristics. The country’s living and social life generally realizes that there is law to be adhered to. This is a great achievement. At the same time, we must also realize that there is no end to the development of practice and there is no limit to the legislative work. The task of perfecting the socialist legal system with Chinese characteristics is still very heavy.
We are facing some outstanding problems in the legislative field. For example, the quality of legislation needs to be further improved. Some laws and regulations fully reflect objective laws and people’s will is not enough. The effectiveness of solving practical problems is insufficient, and their pertinence and operability are not strong; legislative efficiency needs Further improve. There is also a prominent tendency of departmentalization and the fight for power in the legislative work. Some legislation has actually become a game of interests. It is not a long delay. It is the laws and regulations that are formulated are not very useful. Some local governments use laws and regulations to implement them. Local protectionism has created obstacles to the formation of a unified, open, competitive and orderly market order across the country and has undermined the country’s rule of law.
Promoting scientific legislation and democratic legislation is the fundamental way to improve the quality of legislation. The core of scientific legislation lies in respecting and embodying objective laws. The core of democratic legislation lies in the people and the people. We must improve scientific legislation and democratic legislative mechanisms, innovate public participation in legislation, and extensively listen to opinions and suggestions from all sides. The plenary meeting decided to put forward clear boundaries of legislative power and effectively prevent the legalization of departmental interests and local protectionism from the institutional mechanisms and work procedures. The first is to improve the institutional mechanisms of the legislative power of the people’s congress to lead the legislative work, give full play to the leading role of the people’s congresses and their standing committees in the legislative work, and establish relevant committees of the National People’s Congress and the National People’s Congress Standing Committee to organize relevant departments to participate in the drafting of the comprehensive Sexual, overall, basic, and other important draft laws and regulations; increase the proportion of full-time standing committees with practical experience in the rule of law; establish and improve the legal expert advisory system for special committees and working committees according to law. The second is to strengthen and improve the construction of the government’s legislative system, improve procedures for the formulation of administrative regulations and rules, and improve the public participation in the government’s legislative mechanism; important administrative laws and regulations are drafted by the government’s legal organization; the important legislative issues of large inter-agency disputes are determined by The introduction of third-party assessment by the agency cannot be delayed for a long time. The third is to clarify the authority and scope of local legislation and prohibit the local preparation of documents with legislative nature.
What needs to be clear is that in our country, the law is a requirement for all citizens, and the party’s internal legal system is a requirement for all party members, and many places are more stringent than the legal requirements. Our party is the vanguard and demands for party members should be stricter. In order to comprehensively promote the rule of law, we must work hard to create a pattern in which national laws and regulations and the party’s laws and regulations complement each other, promote each other, and protect each other.
Fifth, speed up the construction of a government under the rule of law. The vitality of the law lies in its implementation, and the authority of the law lies in its implementation. “It is not difficult for the law to be done in the world. It is difficult to do what is required by law.” If there is a law that is not enforced and put aside in a cabinet, or if it is poorly implemented or superficial, then the enactment of many more laws will not help. The key to comprehensively advancing the rule of law should be to ensure that the law is strictly enforced and that “the law must be established, the offense must be committed, and the offense must be committed;
The government is the main body of law enforcement. There are outstanding laws, lawlessness, lawlessness, and even prominent issues such as the right-and-quota method, power trading, and private law. The people are deeply disgusted and must make every effort to solve it. The Plenum decided to propose that all levels of government must adhere to the leadership of the Party and work on the track of the rule of law to speed up the construction of a law-based government with scientific functions, statutory rights and responsibilities, strict law enforcement, openness and fairness, honesty, and high efficiency. The plenary decided to put forward some important measures. The first is to promote the statutoryization of institutions, functions, authorities, procedures, and responsibilities, and stipulate that administrative agencies may not establish powers outside the law, and no laws or regulations may be used to make decisions that detract from the lawful rights and interests of citizens, legal persons, or other organizations, or increase their obligations; List system, resolutely eliminate rent-seeking space for rent. The second is to establish a mechanism for reviewing the legitimacy of major decision-making within the administrative organs, actively promote the system of government legal advisers, and ensure that legal advisors play an active role in making major administrative decisions and advancing administration according to law; establishing life-long accountability systems and accountability investigation mechanisms for major decisions. The third is to promote comprehensive law enforcement, rationalize the urban management system, improve law enforcement procedures, establish a record system for the entire process of law enforcement, strictly enforce the law review system for major law enforcement decisions, and fully implement the administrative law enforcement responsibility system. The fourth is to strengthen the restriction on the internal power of the government and implement the separation of powers and rights for departments and posts with concentrated power such as the allocation of fiscal funds, the supervision of state-owned assets, government investment, government procurement, transfer of public resources, and construction of public projects. , Grading authorization, regular rotation, strengthening internal process control, preventing the abuse of power; improving the internal supervision and special supervision of the government; and ensuring the independent exercise of audit supervision power according to law. Fifth, comprehensively promote open government affairs, promote open decision-making, implement disclosure, open management, open service, open results, and focus on advancing government information disclosure in such areas as fiscal budgeting, allocation of public resources, approval and implementation of major construction projects, and construction of public welfare undertakings. These measures have strong pertinence and are in line with the spirit of the Third Plenary Session of the 18th CPC Central Committee and are very important to the construction of the rule of law government.
Sixth, improve judicial credibility. Justice is the last line of defense to safeguard social fairness and justice. I once quoted a passage from the English philosopher Bacon. He said: “An unfair trial resulted in more than ten crimes. Because crimes are ignoring the law—it is like polluting the water, and unjust trials are destroyed. The law is like polluting the water.” The reason is profound. If the judicial defense line lacks credibility, social justice will be widely questioned, and social harmony and stability will be difficult to guarantee. Therefore, the Plenum decided to point out that justice is the lifeline of the rule of law; judicial justice plays an important leading role in social justice, and judicial injustice has a fatal destructive effect on social justice.
At present, the main problems in the judicial field are that the problems of unfair justice and low judicial credibility are very prominent. Some judicial personnel are not correct in their style of work, are unsuccessful in handling cases, and are involved in the handling of money cases, relationship cases, and human relations cases. They “eat the plaintiff to eat the defendant”, etc. Wait. The deep-seated reasons for judicial injustice lie in the imperfect judicial system, the unscientific distribution of judicial power and power, and the unsound human rights judicial protection system.
The Third Plenary Session of the 18th CPC Central Committee has proposed a series of reform measures against outstanding issues in the judicial field. The reform of the judicial system and operating mechanism is being promoted in an orderly manner. The plenary session decided to make more in-depth arrangements for ensuring judicial fairness on the basis of the decision of the Third Plenary Session of the 18th CPC Central Committee. For example, in order to ensure the independent and fair exercise of judicial power and procuratorial power according to law, the plenary session decided to establish a system for the recording, notification, and accountability of leading cadres interfering in judicial activities and intervening in the handling of specific cases; a sound administrative organ should appear in court to respond to lawsuits and support courts in accepting administrative proceedings. Cases, respect for and enforcement of the court’s effective referee system; establishment and improvement of judicial personnel’s performance of statutory duty protection mechanisms, etc. In order to optimize the allocation of judicial powers, the Plenum decided to propose to promote the implementation of trials of institutional reforms that separate the jurisdictional and executive powers; to unify the execution system of penalties; to explore the separation of the administrative and judicial powers of courts and procuratorates; and to separate the powers of trial and prosecution; The censorship system is the registration system, and so on. In order to ensure the participation of the masses in the judiciary, the Plenary decided to propose and improve the system of people’s jurors and expand the scope of participation in trials; promote the openness of trials, make public affairs of prosecutors, open up policing services, and open prison services; establish a legal system for effective online access and public inquiry, and so on. Wait. The Plenary decided to put forward important reform measures on strengthening judicial protection of human rights and strengthening the supervision of judicial activities.
Seventh, the Supreme People’s Court established a circuit court. In recent years, with the increase in social conflicts, the number of cases handled by courts across the country has continued to increase. In particular, a large number of cases have flooded into the Supreme People’s Court. This has led to increased pressure on trial visits and increased difficulty in appeals and appeals. This is not conducive to the supervision and guidance of the Supreme People’s Court. The work functions of the courts in the country are not conducive to the maintenance of social stability and are not conducive to the convenience of litigation.
The Plenum decided to propose that the Supreme People’s Court set up a circuit court to examine major administrative and civil and commercial cases across administrative regions. In doing so, it is conducive to the trial center’s center of gravity moving downwards, resolving disputes on the spot, and facilitating litigations of the parties. This will help the Supreme People’s Court to focus its efforts on formulating judicial policies and judicial interpretations, as well as hearing cases that are of great significance in guiding the application of the unified laws.
Eighth, explore the establishment of people’s courts and people’s procuratorates across administrative divisions. With the in-depth development of the socialist market economy and the emergence of administrative lawsuits, more and more cross-administrative and even cross-border cases have been involving more and more cases. As a result, the relevant departments and leaders of the courts have become increasingly concerned with the handling of cases and even used their powers. Dealing with cases involving intervening causes the phenomenon of “home away from home” in related lawsuits, which is not conducive to equal protection of the legitimate rights and interests of the foreign parties, safeguarding the court’s independent trial, supervising the government’s legal administration, and safeguarding the fair implementation of the law.
The plenary session decided to propose to explore the establishment of a people’s court and a people’s procuratorate across administrative divisions. This helps eliminate interference with trial work and procuratorial work, guarantees courts and procuratorates to independently and impartially exercise judicial powers and procuratorial powers, and is conducive to the construction of litigation patterns where ordinary cases are heard in administrative district courts and special cases are heard in cross-administrative district courts.
Ninth, explore and establish a procuratorial organ to institute a public interest litigation system. At present, the procuratorial organs’ supervision over administrative violations is mainly based on the investigation of cases concerning corruption, bribery, malfeasance, and other job-related crimes committed by the staff of administrative agencies in accordance with law. The scope is relatively narrow. The actual situation is that administrative offenses constitute a minority of criminal offenses, and more are chaos and inaction. If such illegal activities are ignored and allowed to develop, it is impossible to fundamentally reverse the chaos in some localities and departments, and on the other hand, it may cause some problematic sexuality to become a criminal offence. The Plenum decided to propose that the prosecution authorities should, in performing their duties, find that the administrative organs illegally exercise their powers or do not exercise their powers, and should urge them to correct them. The purpose of making this provision is to enable the procuratorial agency to make timely recommendations and urge them to correct violations committed by administrative agencies and their staff found in law enforcement cases. This reform can be started by establishing a supervision and prosecution system and perfecting the working mechanism of the prosecution advice.
In real life, cases in which some administrative agencies illegally exercise their powers or omissions infringe on or infringe on public interests of the state and society, such as the protection of state-owned assets, the transfer of state-owned land use rights, and the protection of ecological environment and resources, etc. Citizens, legal persons, and other social organizations do not have direct interests and they have not been able to file public interest lawsuits. This has led to the lack of effective judicial supervision over illegal administrative activities and is not conducive to the promotion of lawful administration, strict law enforcement, and the strengthening of public interest protection. The public interest litigation initiated by the procuratorial organs is conducive to optimizing the allocation of judicial powers and improving the administrative litigation system, and is also conducive to promoting the construction of the rule of law government.
Tenth, advance the trial-centered litigation system reform. Giving full play to the role of trials, especially court trials, is an important part of ensuring the quality of case processing and judicial justice. The China’s Criminal Procedural Law stipulates that the three organs of the Public Quarantine Law perform their duties, cooperate with each other, and restrict each other in criminal proceedings. This is a litigation system that conforms to China’s national conditions and has Chinese characteristics and must be upheld. At the same time, in the judicial practice, there are insufficient attention of the investigators to the trial of the court. Often, some key evidence is not collected or collected according to law. The cases that entered the trial did not meet the statutory requirements that “the facts of the case were clear and the evidence was indeed sufficient”, so that the trial could not be completed. Smooth progress.
The plenary session decided to propose reform of the litigation system centered on trials. The purpose is to urge the investigators to establish the idea that the case must be able to withstand the legal test, to ensure that the factual evidence of the investigation, examination and prosecution can withstand legal inspection, and to ensure that the trial is ascertaining the facts. , identification of evidence, protection of the right to appeal, and impartial decision to play a decisive role. This reform is conducive to prompting the investigators to increase their awareness of responsibility, to achieve fairness in the case adjudication through the procedural fairness of court trials, and to effectively prevent the occurrence of false or false cases.
Promoting the rule of law in a comprehensive manner is a systematic project and an extensive and profound revolution in the field of national governance. It is of great significance to have a good decision for this plenary session. Everyone must deeply understand the spirit of the Central Committee and proceed from the overall development of the party and the state to comprehensively understand and correctly handle the major reform measures decided by the Plenary Session, profoundly understand the major practical significance and far-reaching historical significance of the reform, and conscientiously support reform and support reform. In the discussion, I hope that we can inspire each other and learn from each other. We will propose constructive amendments and suggestions, further improve the ideas and proposals put forward by the Plenary, and deepen our understanding so as to facilitate communication and implementation after the meeting. Let us work together to open this plenum.
(Xinhua News Agency, Beijing, October 28)
“People’s Daily” (October 29, 2014, version 02)
Decision of the Central Committee of the Communist Party of China on Comprehensively Promoting Some Major Issues in Governing the Country According to Law (Full Text)