Understanding and Views on the Rule of Law Part I
1. instead of leaders living in a "high" position.
Adhering to the party's leadership in governing the country according to law is certainly not condescending leadership. As early as 194 1 year during the democratic revolution, Deng Xiaoping exposed and criticized "ruling the country by the party" (Selected Works of Deng Xiaoping, p. 1 volume, p. 165438, People's Publishing House, 1994 edition) Obviously, Deng Xiaoping thought that the Party could not be above everything else. 1982 the constitution solemnly states in the preface that this constitution is the fundamental law of the country and has the highest legal effect. People of all ethnic groups, all state organs and armed forces, political parties, social organizations, enterprises and institutions throughout the country must take the Constitution as their basic activity criterion, and they all have the responsibility to safeguard the dignity of the Constitution and ensure its implementation. "The' political party' mentioned in this sentence obviously includes all political parties in China, including the * * * production party. They should regard the constitution as the "highest" law and as the "code of conduct", safeguard the "constitutional dignity" higher than themselves and ensure the "implementation of the constitution".
2. Leaders who are not above them.
Upholding the party's leadership in governing the country according to law is not that leadership is above the law. 1979 September, the Central Committee's "Instructions on Resolutely Ensuring the Practical Implementation of the Criminal Law and the Criminal Procedure Law" stipulated that "all legal systems, from the Chairman of the CPC Central Committee to every party member, must be resolutely observed. There can be no special citizens who are not bound by the law, and there can be no privilege above the law. " (Quoted from Hu Angang and others: Modernization of State Governance in China, Renmin University of China Press, 20 14) 1982 Article 5 of the Constitution stipulates more clearly, "Anyone who violates the Constitution and laws must be investigated. No organization or individual may have privileges beyond the Constitution and laws. " The Constitution says that "no organization or individual shall have the privilege beyond the Constitution and the law", that is, the Central Committee says that "the privilege beyond the law is not allowed", which depends on the meaning of the law within the Party. 20 12' s speech at the 30th anniversary of the promulgation and implementation of the current Constitution clearly pointed out that "Constitution is the fundamental law of the country, the general statute of governing the country and keeping the country safe, with the highest legal status, legal authority and legal effect, and is fundamental, overall, stable and long-term. No organization or individual may have privileges beyond the Constitution and laws. All violations of the Constitution and laws must be investigated. "
3. Leaders who don't break the law
Adhere to the party's leadership in governing the country according to law, not extrajudicial leadership. The report of the 13th National Congress of the Communist Party of China pointed out that "the Party leads the people in formulating the Constitution and laws, and the Party should act within the scope of the Constitution and laws." The report of the 15th National Congress of the Communist Party of China clearly pointed out that "the Party leads the people to formulate the Constitution and laws, and acts within the scope of the Constitution and laws. Governing the country according to law unifies upholding the party's leadership, carrying forward people's democracy, and acting in strict accordance with the law, ensuring the implementation of the party's basic line and basic principles from the system and law, and ensuring that the party always plays the leading core role of taking the overall situation and coordinating all parties. " The report further clarifies that "the party leads the people to formulate the constitution and laws, and the party must act within the scope of the constitution and laws. No organization or individual may have the privilege of transcending the Constitution and laws, and it is absolutely not allowed to substitute words for laws, suppress laws with power, and bend laws. " The recent Speech at the Second Plenary Session of the 18th Central Commission for Discipline Inspection clearly stated that "leading cadres at all levels should bear in mind that no one has absolute power outside the law". This emphasizes that the party cannot stand outside the law and can only lead within the law.
4. Not "the first" in the legal leadership.
In the early days of reform and opening up, the laws at that time were not perfect. Even if there were laws, they were mostly old laws, because they were formulated in the era of planned economy, which hindered the reform and could not be applied in practice. Therefore, the reform led by our party is based on the breakthrough of rules and regulations advocated by Deng Xiaoping, and we should try first and then enact laws after the experiment is successful, so as to affirm and consolidate the reform achievements. Therefore, in the past, the party's leadership reform was to change first and then establish, and to break first and then establish. Now, we have formed a socialist legal system with Chinese characteristics and entered a new stage of comprehensively deepening reform and governing the country according to law. The situation is very different from the past. For this reason, the "Decision" of the Fourth Plenary Session of the 18 th CPC Central Committee pointed out that "we must adhere to legislation first and give play to the leading and promoting role of legislation." "Realize the connection between legislation and reform decision-making, so that major reforms are based on the law, and legislation actively adapts to the needs of reform and economic and social development." This shows that it is necessary to establish before reform, to establish words first, to legislate first, and then to carry out reform. Therefore, the party's leadership over reform is not ahead of legal leadership, but ahead of legislative leadership, or ahead of seeking legal basis for reform, that is to say, the party's leadership must find the track of rule of law.
5. Not the leader whose power is "greater than" the law.
Adhere to the party's leadership over governing the country according to law, and never engage in leadership where power is greater than law and officials are greater than law. 1978, when summing up the lessons of "_ _", Deng Xiaoping profoundly pointed out that "the legal system must be strengthened. Democracy must be institutionalized and legalized, so that this system and law will not change because of the change of leaders, and will not change because of the change of leaders' views and attention. "We can't" take what the leaders say as "law" and disapprove of what the leaders say as "illegal". The words of the leader have changed, and the' law' has changed. " (Selected Works of Deng Xiaoping, Volume 2, p. 146, People's Publishing House, p. 1994). Here, Deng Xiaoping clearly pointed out that the leader of the party should not be regarded as the embodiment of the law, let alone the words of the leader as the law, which negates the general root of the rule of man with power greater than the law and officials greater than the law.
Through the above analysis, in a word, the party's leadership over the rule of law should not be regarded as a leader above, above, outside and ahead of the rule of law, but as a leader who consciously melts the party into the rule of law and promotes it according to the requirements of the rule of law. The party's leadership over the rule of law is not only the relationship between leaders making laws, but also the relationship between taking the lead in obeying the law and taking the lead in implementing laws.
Understanding and Views on the Rule of Law Part II
First, the basic definition of the concept of socialist rule of law
The socialist concept of rule of law is the latest achievement of China-ization of Marxist legal concept and an important part of Socialism with Chinese characteristics's theoretical system and Socialism with Chinese characteristics's theoretical system. The concept of socialist rule of law scientifically answers the important theoretical and practical questions of "what is a socialist country ruled by law" and "how to build a socialist country ruled by law", which indicates that our party has a deeper understanding and grasp of the law of building a country ruled by law in Socialism with Chinese characteristics and the ruling law of our production party.
Second, the theoretical origin of the concept of socialist rule of law
The concept of socialist rule of law has a rich and profound theoretical origin, with Marxist rule of law as its important theoretical basis, China's traditional legal thought as its important cultural resource, and Western capitalist rule of law as its useful reference.
Three, the basic characteristics of the concept of socialist rule of law
The concept of socialist rule of law is the product of the organic combination of Marxist legal theory and the practice of socialist rule of law in contemporary China, and the result of the integration of the experience of rule of law construction and the spirit of the times since the founding of New China. First, the concept of socialist rule of law has a distinct political nature; Second, the concept of socialist rule of law is deeply rooted in the hearts of the people; Third, the concept of socialist rule of law is systematic and scientific; Fourth, the concept of socialist rule of law is fully open.
Four, the essential attribute of the socialist concept of rule of law
Adhering to the unity of the party's leadership, the people being the masters of the country and governing the country according to law is the essential attribute of the socialist concept of rule of law. Adhering to the unity of the party's leadership, the people being the masters of the country and governing the country according to law is the fundamental principle of socialist rule of law, the main line and soul that runs through the socialist concept of rule of law, and the fundamental and key that distinguishes it from the western capitalist concept of rule of law. As the essential attribute of the socialist concept of rule of law, "the unity of the three" is not only a summary of the experience and lessons of the construction of democracy and rule of law in China, but also an inevitable requirement of history and reality.
Five, the basic content of the concept of socialist rule of law
(1) Governing the country according to law. Governing the country according to law is the core content of socialist rule of law and the basic strategy of our party leading the people to govern the country. Governing the country according to law means that the broad masses of 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 changes in leaders' views and attention. Governing the country according to law includes people's democracy, improving the legal system, establishing constitutional legal authority, power restriction and so on.
(2) Law enforcement for the people. Law enforcement for the people is the essential requirement of socialist rule of law and the concrete embodiment of the concept of governing for the people. Its basic connotation includes people-oriented, human rights protection and civilized law enforcement. People-oriented is the fundamental starting point of law enforcement for the people, safeguarding human rights is the basic requirement of law enforcement for the people, and civilized law enforcement is the objective requirement of law enforcement for the people.
(3) Fairness and justice. Fairness and justice are the value pursuit of socialist rule of law, the cornerstone of socialist harmonious society and the consistent proposition of China producers. Fairness refers to handling things reasonably and not taking sides; Justice means justice, fairness and integrity, without favoritism. Fairness and justice in the concept of socialist rule of law means that all members of society can realize their rights and obligations fairly in the way stipulated by the Constitution and laws, and are protected by laws.
(4) serving the overall situation. Serving the overall situation is one of the basic connotations of the concept of socialist rule of law and an important mission of socialist rule of law. The important mission of socialist rule of law is to serve the overall situation of the work of the party and the state, which is a summary of the experience of socialist country building and rule of law practice determined by the nature of socialist law and the nature of rule of law work. Serving the overall situation is an inevitable requirement of socialist jurisprudence, which is determined by the nature and status of the rule of law work and a summary of the practical experience of socialist rule of law.
(5) Party leadership. To build a socialist country ruled by law, the most fundamental thing is to adhere to the unity of the party's leadership, the people being the masters of the country and the rule of law. Adhering to the Party's leadership is the fundamental guarantee for building a socialist rule of law. The leadership of the party is mainly ideological leadership, political leadership and organizational leadership.
Six, the basic requirements of the concept of socialist rule of law
(1) Improve and perfect the legislation. First, to adhere to scientific legislation, we must implement Scientific Outlook on Development, base ourselves on national conditions, follow objective laws, scientifically and reasonably stipulate rights and obligations, powers and responsibilities, and improve legislative procedures; Second, adhere to democratic legislation, that is, pay attention to the implementation of legislation for the people, enhance the democracy of the legislative subject itself, and expand public participation in legislation; Third, adhere to the unity of the legal system, that is, safeguard the status of the constitution as the fundamental law, strictly implement the division of legislative authority of the legislative law, ensure the unity of local methods and central legislation, and strengthen legislative interpretation and legislative supervision; Fourth, adhere to the integrity of the system, improve the socialist legal system with Chinese characteristics, continue to formulate and improve laws that play a supporting role, strengthen the revision and improvement of laws and regulations and the formulation of supporting laws and regulations, and promptly clean up laws and compile codes.
(2) Adhere to administration according to law. First, administration according to law is the fundamental requirement of administration according to law, and the exercise of administrative functions and powers should be based on the explicit authorization of the law and carried out in accordance with the provisions of laws, regulations and rules; Second, reasonable administration is an important supplement to administration according to law, which requires equal treatment, compliance with the principle of proportionality and normal judgment; Third, efficient convenience is the embodiment of the value of administration according to law, establishing the concept of efficient convenience and innovating administrative management methods. Accelerate the reform of administrative management system and build a service-oriented government. Realize the organic combination of efficient convenience and open government affairs; Fourth, the unification of power and responsibility is an inevitable requirement of administration according to law. Laws and regulations should fully and strictly authorize administrative organs, and strengthen supervision over the exercise of power by administrative organs. Fifth, the openness of government affairs is an important guarantee for administration according to law, which is timely and accurate, and actively innovates and enriches the carriers and forms of government affairs openness; Sixth, continuously improve the ability of administration according to law and the level of professional ethics, cultivate and improve the legal awareness of civil servants, strengthen the work of learning and using the law for civil servants, and promote the training of administration according to law and professional ethics.
(3) Strict and fair administration of justice. First, earnestly safeguard judicial justice and adhere to substantive justice, procedural justice, procedural justice and substantive justice; Second, continuously improve judicial efficiency, further improve the efficiency of handling cases, and give consideration to fairness and efficiency; Third, strive to establish judicial authority, strictly enforce fair and civilized justice, improve judicial authority, strive to safeguard judicial authority and create a good law enforcement environment; Fourth, fully carry forward judicial democracy, fully embody judicial democracy, actively promote judicial openness, and effectively improve the measures of justice for the people.
(4) Strengthen supervision and control. First, strengthening supervision is an important guarantee for the correct exercise of rights; Second, the main channels and methods of legal supervision in China are the supervision of state power organs, state administrative organs, state judicial organs, political and social organizations, public opinion and citizens. Third, strengthen the synergy and effectiveness of restriction and supervision, strengthen and improve the restriction and supervision within the party, support and guarantee the supervision of the people's congresses, government specialized agencies, judicial organs, CPPCC and democratic parties, and strengthen the restriction and supervision of citizens and public opinion.
(5) consciously abide by the law. First, consciously abide by the law, adhere to the law, act in strict accordance with the law, and safeguard legal authority; Second, adhere to moral integrity, abide by social morality, abide by professional ethics, and carry forward family virtues; The third is to deepen legal publicity, improve the legal quality of the whole people, carry out in-depth popularization of law, comprehensively promote governance according to law, and build a socialist culture of rule of law.
(6) Prospering the legal cause. First, adhere to the correct political direction of legal research, deeply understand the essence of law, firmly grasp the leading position of Marxist ideology in the field of law, and clearly oppose all kinds of wrong views; The second is to clarify the main tasks of legal research, adhere to, enrich and develop the socialist concept of rule of law, and constantly improve the socialist legal system with Chinese characteristics; Thirdly, the basic ways to prosper legal research are: combining theory with practice, combining inheritance with innovation, and combining national conditions with absorption and reference; Fourth, improve the level of legal education and train Socialism with Chinese characteristics builders.
(seven) adhere to the rule of law. First, strengthen the leadership of legislative work, ensure the correct direction of legislative work, adhere to the high degree of unity of the party's ideas and the people's will, and strive to promote the institutionalization and legalization of national political and social life; Second, adhere to the party's activities within the scope of the Constitution and laws, firmly establish the concept of the rule of law, take the lead in observing constitutional laws, and consciously safeguard the legal authority of the Constitution; Third, supervise, support and ensure that state organs exercise their functions and powers according to law, persist in managing state and social affairs according to law, ensure that state organs exercise their functions and powers according to law, and vigorously promote the construction of a government ruled by law; Fourth, earnestly strengthen and improve the Party's leadership over political and legal work, ensure that judicial organs exercise their functions and powers independently and impartially according to law, actively and steadily promote the reform of the judicial system and working mechanism, and vigorously strengthen the construction of political and legal teams.
Understanding and Views on the Rule of Law Part III
First, the establishment of the socialist strategy of governing the country according to law.
Governing the country by law, as an advanced strategy and legal culture, is an important symbol of social progress and social civilization. Governing the country according to law is not something that has never happened before, but a social phenomenon that rises and falls with the existence of market economy, democratic politics and quite developed social culture.
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.
In order to truly realize the general plan of governing the country according to law and build a socialist country ruled by law, socialist countries must also meet three basic conditions. In other words, "the socialist market economy should be quite developed, the socialist democratic politics should be quite perfect, and the new socialist culture should be quite developed." None of these conditions can be fully achieved in a short time, especially in the primary stage of socialism. In addition, the improvement of the socialist legal system, the construction of the socialist legal operation mechanism and the improvement of the legal and cultural literacy of all social members also need a long historical process. Therefore, governing the country according to law and building a socialist country ruled by law will inevitably go through a long historical process.
Second, the importance and necessity of socialist rule of law.
Governing the country according to law, as an ideal means of governing the country, is a general plan that can be used by both socialist countries and capitalist countries. However, as a realistic political system, there are essential differences between socialist rule of law and capitalist rule of law.
(a) the socialist rule of law is the socialist road to rule the country according to law, and it is the legal guarantee for building Socialism with Chinese characteristics and developing Socialism with Chinese characteristics's economy.
The socialist system is an inevitable choice for the historical development of China, and the socialist road is the only way for the Chinese nation to become rich and strong. The socialist rule of law should adhere to economic construction as the center and aim at liberating and developing productive forces, eliminating exploitation, eliminating polarization and achieving common prosperity. The practice of governing the country according to law and building the legal system in China has and must further adhere to this direction.
(2) The socialist rule of law is the basic guarantee for upholding the people's democratic dictatorship and realizing people's democracy.
The people's democratic dictatorship is the state system of China and the political foundation of the socialist legal system. The people's democratic dictatorship determines the essence of socialist law and socialist rule of law, and the socialist rule of law is also inseparable from the support of the people's democratic dictatorship; The state power of the people's democratic dictatorship is the main body of power to create, implement and apply socialist laws and a powerful force to realize the reform and modernization of socialist legal system.
Three, the basic requirements of the socialist rule of law
(1) Having a complete legal system.
It is a legislative requirement to have laws to follow. This is the legal premise and primary link of governing the country according to law. There are laws to follow, that is, there are good laws to follow in areas and aspects that need legal adjustment, such as politics, economy and culture.
The socialist rule of law should do the following:
(1) We should truly reflect and fully express the will and interests of the broad masses of the people led by the working class. (2) Take "Three Benefits" as the fundamental standard, and reflect the objective needs of social life and the development of the times. (3) Respect and protect citizens' personal dignity, freedom of life, democratic rights, political freedom, economic rights and other social rights. In a word, the socialist rule of law should realize the profound unity of people's nature, rationality, fairness and regularity in essence.
(2) Abide by the law.
Abiding by the law means that all political parties, state organs, social organizations, enterprises, institutions and citizens must act in accordance with the law. This is the central link of governing the country according to law. The specific requirements for obeying the law include: (1) The Party must be active within the scope of the Constitution and laws. As the core of the country's leadership, whether the ruling party can act within the scope of the Constitution and laws, make decisions and act according to law is the key to realizing the rule of law. In this regard, Comrade Jiang Zemin clearly pointed out that "politics must not be replaced by the party, and the law must be replaced by the party." ( 1)
(2) Members of society should act according to law. Members of society should consciously take the law as a guide to action, be good at using the law to fight for and defend their rights and freedoms, be brave in fighting against all illegal and criminal acts that undermine the legal order, and safeguard the majesty of the law. This is a broad and profound social foundation for governing the country according to law and an important symbol of the real realization of governing the country according to law.
(3) Law enforcement must be strict
The key to governing the country according to law is law enforcement, and the difficulty and focus are also law enforcement. Strict law enforcement means that law enforcement agencies and law enforcement personnel act in strict accordance with the law and resolutely safeguard the authority and dignity of the law. In addition, judicial independence is an inherent requirement of a society ruled by law, which is of great significance for ensuring the fairness and justice of judicial trials, maintaining social order, meeting the interests of social members, and truly realizing the rule of law. Although China has long established the principle that people's courts exercise judicial power independently according to law, some people call it "judicial independence with China characteristics", but the accelerating process of social democratization and national rule of law has exposed various drawbacks of this judicial independence. It is urgent to establish a complete system to ensure the real independence of the judiciary.
(4) Those who violate the law will be prosecuted.
Whoever breaks the law must be investigated for legal responsibility, that is, the legal responsibility of the offender must be strictly investigated. This is a necessary guarantee for governing the country according to law and an important manifestation of legal majesty. At present, we must resolutely oppose the privilege, responsibility and light punishment of cadres in violation of discipline and law. Comrade Deng Xiaoping once emphasized: "The more children of senior cadres, the more senior cadres and celebrities, the more we should pay close attention to investigating and handling illegal incidents, because these people have great influence and great criminal harm. " (2)
Fourth, ways to promote the socialist rule of law.
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. At present, in order to implement and adhere to the general plan of governing the country according to law and accelerate the pace of building a country ruled by law, we believe that we should focus on the following aspects:
(1) Hold high the great banner of Deng Xiaoping Theory and comprehensively promote the building of the socialist legal system.
(2) unswervingly implement the party's basic line in the primary stage of socialism and constantly create a new situation in the construction of socialist legal system.
(3) further strengthening the legislative work with the goal of establishing a socialist legal system with Chinese characteristics.
(four) to strengthen and improve the justice of law enforcement, and promote the reform of administrative law enforcement system and judicial system.
In addition, the basic characteristics of a harmonious socialist society are democracy and the rule of law, fairness and justice, honesty and friendship, vitality, stability and order, and harmony between man and nature. In such a society that people yearn for, only by adhering to the rule of law can we guarantee and promote the all-round progress and harmonious development of society.
Governing the country according to law is a reliable guarantee for building a harmonious society. The rule of law is an important means to build a harmonious socialist society, and it is also the inherent requirement of a harmonious socialist society. Therefore, to build a harmonious socialist society, we must strengthen the construction of the legal system and govern the country according to law.
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