The empirical justice of governing the country according to law in an all-round way is the lifeline of the rule of law. Fairness and justice is the consistent proposition of our party in governing the country and the core value of socialist society. "Law is a public instrument in the world" can promote social fairness and justice without the strong guarantee of the rule of law.
The organic unity of ruling the country by law and fairness and justice has made all-round arrangements for promoting social fairness and justice by the rule of law from various aspects such as legislation, law enforcement, justice and law-abiding. An important aspect is to realize the core values of scientific legislation, strict law enforcement, fair justice and law-abiding for the whole people in the practice of socialist rule of law construction, and to guarantee fairness and justice with the rule of law.
Law is the heavy weapon of governing the country, and good law is the premise of good governance. To maintain fairness and justice by the rule of law, scientific legislation is the forerunner. Only by putting the principles of justice, fairness and openness into the whole process of legislation, speeding up the improvement of the legal system that embodies the fairness of rights, opportunities and rules, ensuring that citizens' personal rights, property rights, basic political rights and other rights are not infringed, and ensuring that citizens' economic, cultural and social rights are implemented, can we build a solid platform for people to enjoy the opportunity to shine in life.
The vitality of law lies in implementation, and the authority of law also lies in implementation. Strict law enforcement is the key to maintaining fairness and justice with the rule of law. Everyone is equal before the law, and any organization or individual must respect the authority of the constitutional law, act within the scope of the constitutional law, and have no privilege beyond the constitutional law. "Law, if you commit a crime, you must do it; Only when there are orders and retreats can we punish law enforcement corruption, ensure the fair and effective implementation of the law and firmly establish the authority of the rule of law by solving the problems of irregular, lax, opaque and uncivilized law enforcement.
Judicial justice plays an important leading role in social justice, while judicial injustice has a fatal destructive effect on social justice. Fairness and justice are maintained by the rule of law, and fair justice is the guarantee. "Anyone engaged in legal affairs has to be honest", whether it is to ensure the independent and fair exercise of judicial power and procuratorial power according to law, optimize the allocation of judicial power to better serve the people, or to improve the people's jury system and ensure the people's participation in the judiciary, it is to improve the judicial management system and the operating mechanism of judicial power, standardize judicial behavior, strengthen supervision over judicial activities, and let the people feel fair and just in every judicial case.
The rights and interests of the people should be protected by law, and the authority of the law should be safeguarded by the people. Maintain fairness and justice with the rule of law. "If the law and discipline are good and the discipline is self-correcting, there will be no incurable country and no incurable people." Governing the country according to law is a systematic project. Leading cadres at all levels must first have reverence for the law, instead of substituting words for laws, suppressing laws with power, and taking the lead in handling affairs according to law, taking the lead in abiding by the law, and shouldering the responsibility of building the rule of law. At the same time, it is also necessary to carry forward the spirit of socialist rule of law, build a socialist culture of rule of law, enhance the enthusiasm and initiative of the whole society in implementing the rule of law, and form a social atmosphere that is glorious in abiding by the law and shameful in breaking the law, so that all the people can become loyal supporters, conscious followers and firm defenders of the socialist rule of law. The whole people actively participate in the great practice of comprehensively promoting the rule of law, and the long-term stability of the country and the happiness and well-being of the people will be the most reliable guarantee.
I read Yi Zhongtian's blog. He talked about the rule of law and four concepts, rule of law, rule of law and rule of law. He said that these four concepts are different, and I agree with him, but I didn't carefully look at his analysis, because Yi Zhongtian said: The correct way to read a book is to read the outline, so I just read it, but I have my own understanding and want to write it and communicate with my friends.
The difference between these four words lies in governance and system, dependence and action.
I want to: cure, cure, cure, rectify; "Control" refers to control, restriction and coercion.
And "conformity" means conformity, which means conformity; "Want" means to use, utilize and utilize.
Therefore, inserting the different meanings of these four words into the words will have different meanings, and there is a big difference. Here I want to make a simple analysis.
Governing the country according to law-governing the country according to the provisions of the law.
Rule of law-rule of law.
Rule of law-rule of law.
Let me see. Is there a big difference? Speaking of this, it involves a question of the source of law, that is, who made the law, the ruler or the people. This is different. If it is formulated by the people, the staff who manage the country can only govern the country according to the provisions of the law, because these national staff are authorized by the people to manage and govern the country; If the rulers make laws, that is, laws become the tools for the rulers to control the country, then there is no governance, only control.
China's laws were formulated and passed by the National People's Congress, so they were also made by the people. As state functionaries, the people authorize or entrust them to manage the country and society. Therefore, state functionaries should govern the country in accordance with the provisions of the law-governing the country according to law.
Any behavior that is above the law is illegal, such as going to Beijing to arrest journalists. It seems that a certain leader made the law, and he said that he would catch it. This kind of behavior is above the law, and the people can remove his authorization and entrustment.
Experience of ruling the country by law in an all-round way 3 The extent to which a country's democratic process advances depends on whether there is an atmosphere of learning, knowing, understanding and abiding by the law from top to bottom, whether the constitution is implemented thoroughly, and whether it is interfered by administrative power. The Fourth Plenary Session decided to govern the country according to law, and our country has finally taken an important step towards a society ruled by law, which is very good. This plenary session issued a declaration on governing the country according to law to the whole world, which is a great feat of our Chinese nation standing among the nations of the world.
1. Governing the country according to law is an inevitable choice of historical development.
The 5,000-year history of the Chinese nation is a history in which power is greater than law for a long time, and it is a management system that combines the legal system controlled by man with the feudal imperial power system. However, with the development of human history, the disadvantages of this system gradually emerged, which seriously hindered the survival and development of a country and a nation. Especially in today's global information age, all mankind yearns for fairness, justice and democracy. If a country does not have a sound law (constitution) and a set of law-abiding systems and concepts, it is unthinkable. It is the right time for China to put forward the rule of law, which is the blessing of the Chinese nation, the cornerstone of China's rise and the inevitability of historical development.
Second, governing the country according to law can only be successful under the leadership of the party.
There have been many political reforms in China's history. Shang Yang's political reform was strongly supported by Qin Xiaogong and achieved success, which greatly promoted the economic and social development at that time and created the birth of the A Qin Empire. Later, Wang Anshi's political reform and the Reform Movement of 1898 failed, mainly because it touched the interests of the upper-level bureaucrats at that time. Instead of promoting social development, it caused social chaos and even retrogression. Our party represents the interests of the broad masses of the people, has a profound mass base in China, and is the only ruling party with strong ruling ability in China. Therefore, governing the country according to law can only be successful under the leadership of China's * * * production party.
Third, governing the country according to law is not a one-off event.
Our country has only been founded for decades, and there is still a long way to go to realize the rule of law with complete system. The Fourth Plenary Session can be raised loudly, which shows that our country has taken a big step towards a country ruled by law. Therefore, every citizen should keep learning, constantly improve his political and ideological consciousness, use scientific thinking to understand the shortcomings in the current national development process, don't be cynical, don't believe the bad words of other countries, and bring unnecessary trouble to the development of the country.
4. Governing the country according to law requires every citizen to learn, know, understand and abide by the law.
To govern the country according to law, we must first know what law is. What is the function of law? How to use the law. Therefore, every citizen must take learning the law as a compulsory course, knowing the law as a right and obligation, observing the law as a moral level, observing the law as a weapon to safeguard rights, and protecting the law as a basic duty. Don't touch the bottom line of the law, everyone should stand under the framework of the national constitution, use the law to safeguard their rights, and don't easily use private rights to solve problems. Only in this way can the rule of law advance smoothly.
1On October 20th, the Fourth Plenary Session of the 18th CPC Central Committee was held in Beijing. This plenary session will study the major issues of comprehensively promoting the rule of law. Xinhua News Agency issued a document entitled "Towards a new realm of ruling the country by law in an all-round way", saying that the convening of this plenary session of the Central Committee marks that our party's understanding and practice of socialist construction and the law of human social development have improved to a new level, and will certainly push the rule of law to a new and higher realm.
China has always adhered to the road of socialism with characteristics, taking order first, system guarantee and legal guidance as the troika, and * * * pushed China forward. Promoting the rule of law in an all-round way aims to realize the rule of law context of scientific legislation, strict law enforcement, fair justice and law-abiding for the whole people, so that people can expect more fairness and justice in fairness and justice.
Scientific legislation is the premise of comprehensively promoting the rule of law. Governing the country according to law is not a slogan, but a drum. It is the real protector of people's rights and interests. Therefore, the "appearance" of the law should conform to the imagination of ordinary people, and it must not be "beautiful but useless". Scientific legislation is to demonstrate the legislative items before legislation, go deep into the grassroots, listen to public opinions extensively, extend the legislative chain, and make the laws and regulations that go out of the "boudoir" more familiar to the masses. Aristotle said, "If you really want to relieve a country's internal worries, you should rely on good legislation, not accidental opportunities". Only scientific legislation can comprehensively promote the rule of law.
Strict law enforcement is a means to comprehensively promote the rule of law. The life of law lies in its implementation. Without effective law enforcement, even the best law will be a dead letter. The power of law enforcers is endowed by the people, and every law enforcer has a mission. How the rulers enforce the law permeates all aspects closest to people's lives, and conveys the pulse of rule of law construction with the most direct actions. Therefore, in the process of law enforcement, there must be a clear basis for law enforcement and sufficient information disclosure. With these two magic weapons, the masses can ask whether everything is "legal" and strict law enforcement can establish full credibility.
To comprehensively promote the rule of law, fair justice is the core. The purpose of establishing fair justice is to show civilization, punish evil, prevent honest people from suffering, and safeguard equality before the law. When talking about fairness, Bacon once said that "an unfair referee is worse than many unfair behaviors." Because these unfair behaviors only pollute the water flow, and unfair referees destroy the water source. "Justice is the source of water. If the justice is unfair, the rule of law in the whole country will also become passive water and will be exhausted. In an era of awakening people's subjectivity with the explosion of information, people expect fairness and justice more.
Promoting the rule of law in an all-round way and abiding by the law by the whole people is the goal. Under the government ruled by law, the motto of a good citizen is "strict obedience and free criticism". The biggest context of governing the country according to law is not the country, but the people. Only when the people consciously abide by the law and fear the law can the country be truly realized. In a contract society, rules are indispensable, and in the face of human rights, laws are indispensable.
17 years, the road of rule of law in China stumbled forward. From 1997, the rule of law first entered China's national decision-making, to the special discussion on the rule of law at today's Central Plenary Session. Historically, people's expectations for the rule of law have never been so eager! To comprehensively promote the rule of law, we must take the road of scientific legislation, strict law enforcement, fair justice and law-abiding for the whole people. On this long and bumpy road, it is important to establish the concept of rule of law and pursue the spirit of rule of law. When people form a belief in the rule of law, the rule of law will be deeply rooted in the hearts of the people! Let's take this plenary session of the Central Committee as a starting point and look forward to a better future for China ruled by law!
Experience of governing the country according to law in an all-round way 5. The general plan of governing the country according to law and building a socialist country ruled by law and the goal of legal system construction. 1March 1999 15 the first paragraph of article 5 of the amendment to the constitution of People's Republic of China (PRC) adopted by the second session of the ninth national people's congress stipulates: "People's Republic of China (PRC) will govern the country according to law and build a socialist country ruled by law." This indicates that the theory of socialist rule of law is becoming more and more mature and the practice of socialist rule of law has entered a higher stage.
Governing the country by law, as an advanced strategy and legal culture, is an important symbol of social progress and social civilization. A country ruled by law is based on a well-developed market economy, a well-developed political foundation of democratic politics and an ideological and cultural foundation of spiritual civilization with a developed concept of rights and obligations as its core. Governing the country according to law in the true sense has only begun to be implemented in capitalist society, but just as there can be no real democracy in capitalist society, there can be no thorough rule of law in capitalism. A socialist country should not only be a democratic country where the people are truly masters of the country, but also a country ruled by law. Socialist rule of law is and should be a brand-new and highest historical rule of law type in human history. Implementing the rule of law and building a socialist country ruled by law will inevitably go through a long historical process. Since the Third Plenary Session of the Eleventh Central Committee of the Communist Party of China, with the gradual establishment and improvement of China's socialist market economic system, the gradual development and maturity of socialist democratic politics, and the gradual development of socialist legal culture with the scientific concept of rights and obligations as the core, the demand for comprehensively establishing the socialist policy of governing the country according to law has become stronger and stronger. The third generation of collective leadership with Comrade Jiang Zemin at the core held high the great banner of Deng Xiaoping Theory, summed up the successful experience of governing the country at all times and at all times, reflected the will of the people of the whole country, conformed to the development trend of the times, clearly put forward the strategy of governing the country according to law and building a socialist country ruled by law, and established the concept of governing the country according to law from the height of the Constitution, which marked the fundamental change of the strategy of governing the country by the party and the country.
Implementing the general plan of governing the country according to law and building a socialist country ruled by law is a process of self-improvement of the socialist system. This is also an unprecedented great pioneering work, an arduous and complicated system engineering, which will go through a long historical development process.
As grassroots judicial personnel, we should earnestly start from ourselves, abide by national laws in an exemplary manner, and strictly enforce the law in judicial work, and those who violate the law will be prosecuted.
Experience of ruling the country by law in an all-round way 6. Governing the country according to law means closely combining socialist democracy with socialist legal system, realizing the institutionalization and legalization of democracy, ensuring that the people, under the leadership of the Party, manage state affairs, manage economic and cultural undertakings and ensure that all state work is carried out according to law.
Developing socialist democratic politics and building socialist political civilization is an important goal of building a well-off society in an all-round way. Democracy is the premise and foundation of the legal system, and the legal system is the confirmation and guarantee of democracy. They complement each other and are inseparable. On the one hand, all kinds of rights, including citizens' democratic rights, are recognized and protected by the Constitution and other basic laws; On the other hand, citizens' democratic rights can only be truly realized if they are exercised in an orderly manner through procedural norms stipulated by law. Therefore, to develop socialist democracy, we must strengthen the socialist legal system.
Social stability and order is the premise of building a harmonious society. Without stability and order, people cannot live and work in peace and contentment. At present, there are also some disharmonious factors in China's economic and social life, some of which involve the vital interests of the masses. These contradictions and problems are not only social instability factors, but also obstacles to building a harmonious society, which need to be adjusted and solved by various measures. Among many social adjustment measures, legal adjustment is the most important. As a social norm, law has a "hard" social function and normative function. To maintain social stability, create a good social environment and normal social and economic life order, and achieve social harmony, we must rely on the rule of law as a guarantee.
The concept of governing the country according to law has very rich connotations. The report of the 15th National Congress of the Communist Party of China defines the meaning of governing the country according to law: "Governing the country according to law means that the people, under the leadership of the Party and in accordance with the Constitution and laws, manage state affairs, economic and cultural undertakings and social affairs through various channels and forms, ensure that all state work is carried out according to law, and gradually realize the institutionalization and legalization of socialist democracy, so that this system and law will not be changed because of the changes in leaders' views and emphasis. "Its basic meaning is to manage state and social affairs in accordance with the law rather than the will of individuals, and to implement the rule of law rather than the rule of man; Its core is to establish the most authoritative standard of governing the country with the constitution and laws, and to establish the concept that law is higher than people and law is higher than power.
Legal authority is the dignity, strength and prestige of law. Establishing and maintaining legal authority is an urgent need to implement the general plan of governing the country according to law. Any society must establish effective authority, without which there will be no order. Different historical conditions and social forms determine different authorities in a society. The authority of socialist law in China is determined by the essential attribute of law. Socialist law embodies the will of the people and is a high degree of unity of the party's ideas and the people's will. Laws are normative and certain, and cannot be amended or abolished without legal procedures. This legal certainty enables people to clearly foresee the legal consequences of their actions according to the provisions of the law. The law is universal. During its effective time, it is universally binding on all members of society. This law is enforced by the state. Laws are backed by state power and enforced by the state. Any individual or organization that violates the law must bear corresponding legal responsibilities. These characteristics determine that our socialist law has lofty authority.
Experience of ruling the country by law in an all-round way 7 Ruling the country by law is our party's ruling philosophy and policy put forward by the Fourth Plenary Session of the 18th CPC Central Committee. In this regard, the enthusiastic support of the people of the whole country is a project that won the hearts of the people. The concept of ruling the country by law has a long history, but there are many obstacles on the road to implementing the rule of law. This time, the central government has made great efforts to decide that the law must be strictly enforced, and the rule of law will promote economic and social progress in all aspects, which will certainly have a far-reaching and tremendous impact.
Over the years, we have gradually established a relatively sound legal system, which has brought good order to people's production and life. However, there are also cases where the party and government interfere with laws and regulations more than laws and pervert the law, which seriously damages social fairness and justice, makes people lose trust in the law, questions the authority of the law, and is helpless against the disorderly behavior of the government, which greatly damages the ruling foundation and ruling ability of our party.
Now the party has put forward the idea of governing the country according to law, that is, it should be based on the constitution, and the parties and governments at all levels should carry out their activities under the legal framework, and there will no longer be institutions above the law. A number of unjust, false and misjudged cases have been rehabilitated, some law-related acts have become more rigorous, various legal procedures have been implemented, and matters that interfere with the law must be recorded. All kinds of actions and reforms have made China's politics clearer, society more harmonious and more influential in the international arena.
Governing the country according to law focuses on implementation and the matching of various systems. The State Council's list of rights is a good law-abiding behavior. An open and free world will inevitably bring about the generation of various productive forces, and the current stock market also proves this. Although there are still difficulties in the real economy and it is in urgent need of transformation, the environment ruled by law must be fair and free, which will definitely bring about economic take-off.
It is also important to adhere to the rule of law. Everyone is equal before the law. In order for the law to convince the masses, people who are above the law must be put in cages. The great period of the Chinese nation was accompanied by a fair legal environment. The era when the prince broke the law and the common people were guilty was the era when the feudal dynasty was rich and powerful. So is modern society. When we truly realize legal fairness, the Chinese nation will surely stand on the top of the world.
Experience of Governing the Country by Law in an All-round Way 8 "Scientific legislation, strict law enforcement, fair justice and law-abiding for the whole people" has become the new 16-character mantra of governing the country by law in China under the new situation. Every country advocates the rule of law and expects to form a comprehensive and systematic country ruled by law. From ancient times to the present, the normative legal provisions of various dynasties were put forward and compiled according to the specific conditions at that time. Legislation is to enforce the law, to protect the administrative actions of the government or the rights and interests of the people, and there can be no mistakes, let alone attention.
Scientific legislation is the implementation standard to prevent the legal system from being divorced from the development reality. What kind of legislative procedure is scientific and the laws and regulations formed meet the needs of development? With the gradual strengthening of anti-corruption, the requirements for law enforcement are more stringent, which puts forward new requirements for anti-corruption and system construction in the inner-party laws and regulations. It is necessary to ensure the prevention and control of anti-corruption behavior.
The strictness of law enforcement is the greatest guarantee in the process of law enforcement. The formation of any law must be implemented in a down-to-earth and practical manner, and there must be no deviation in the process of law enforcement, which will not cause problems to the people's life and production. This is one of them; The law enforcement process must be fair and strict, adhere to justice, and not highlight individualism and bureaucracy. This is the second.
Judicial justice is urgently needed by everyone involved in judicial cases, which requires the judicial organs to take the maintenance of social fairness and justice as the most basic code of conduct, legalize and just the crime management, and allow no mistakes. It is necessary to prohibit the trading of power and money in judicial acts, which will undoubtedly add insult to injury to the implementation of the legal system in China and affect the satisfaction and recognition of the masses.
As a citizen of a country, its primary code of conduct should be to know and abide by the law, to restrain behavior by law, to recognize behavior by law, and to distinguish right from wrong by law. Promoting the rule of law in an all-round way requires the participation of the whole people, and it requires the whole people to realize the importance of their own behavior and improve the level of social harmony and health.