Adhering to the organic unity of the party's leadership, the people being the masters of the country and governing the country according to law is the core and essence of the socialist concept of rule of law.
General Secretary Hu Jintao said in his speech at the conference commemorating the 20th anniversary of the promulgation and implementation of the Constitution from all walks of life in the capital: "The leadership of the Party is the fundamental guarantee for the people to be masters of the country, the rule of law is the essential requirement of socialist democratic politics, and the rule of law is the basic strategy for the party to lead the people to govern the country." This is the basic idea formed by our party on the basis of summing up the experience of the rise and fall of socialist countries, especially the experience of socialist democracy construction and legal system construction in China, and drawing lessons from the reasonable components of modern rule of law theory. The organic unity of the party's leadership, the people being the masters of the country and governing the country according to law embodies the characteristics and requirements of China's socialist national system and polity. Only by comprehensively grasping this core concept can we understand the essential connotation of socialist rule of law.
Fairness and justice is the basic value orientation of socialist rule of law.
There are two basic requirements for the rule of law, one is to formulate perfect laws, and the other is that such laws are generally observed. The so-called "good law" is the law that embodies social fairness and justice. The so-called "universal obedience" means that both substantive justice and procedural justice of the law are fully realized. Modern rule of law is not only an important carrier of fairness and justice, but also an important mechanism to guarantee fairness and justice. Fairness and justice refers to properly coordinating the interests of all sectors of society, correctly handling contradictions among the people and other social contradictions, and effectively safeguarding and realizing social fairness and justice. Fairness and justice is an important symbol of the civilization and progress of human society and an important link of a harmonious socialist society. With the development of market economy, the change of social structure and the diversification of interest relations, the problem of social equity has become increasingly prominent. It is very important to attach great importance to, scientifically analyze and correctly solve these problems for maintaining social stability and harmony and reducing social risks and turbulence. To solve judicial problems, we should comprehensively use policy, legal, economic and administrative means, adhere to the principle of legal, timely and reasonable solution, and adopt education, consultation, mediation and justice. The most important thing is to gradually establish and legally guarantee a fair mechanism, fair rules, fair environment, fair conditions and fair development opportunities by promoting the process of socialist rule of law. Socialist legislation should reflect the demands and aspirations of the whole society for fairness and justice, make the demands of justice legal and institutionalized, and make the ways to realize justice procedural and open. The fundamental task of the socialist judicial system is to ensure the fairness and justice of the whole society. Due to the influence of China's feudal tradition, people pay more attention to substantive justice than procedural justice, especially in law enforcement, some law enforcement officers unilaterally pursue the truth, emphasize confession and ignore evidence, violate legal procedures, and even extort confessions by torture and detain them for extended periods. Therefore, we must vigorously advocate and emphasize the comprehensive view of justice that pays equal attention to substantive justice and procedural justice.
Respecting and safeguarding human rights is the basic principle of socialist rule of law.
Human rights are the rights that people should enjoy as human beings, and they are the minimum confirmation of people's subjective status, dignity, freedom and interests by modern social morality and law. Human rights come from human rationality, dignity and value. Basic human rights are recognized by the contemporary international community as rights that all people should share. People's subjective status, dignity, freedom and interests are declared or recognized as rights, not only because they are often in danger of being violated and denied, but also because human rights are the yardstick and motive force of social civilization and progress. Modern law is the institutional arrangement and coercive force to protect human rights. It is human rights that embody the spirit of modern law, and it is the protection of human rights that lays the rational foundation of modern law. In the era of new democracy and socialist revolution, in order to strive for and realize human rights, China's * * * production party led the people to overthrow all exploiting classes and systems and established a socialist regime; In the era of socialist modernization and comprehensive reform and opening up, with the continuous improvement of China's basic economic system with public ownership as the main body, multiple ownership economies developing together, distribution according to work as the main body and multiple modes of distribution coexisting, the trend of diversified social interests and complicated social contradictions is becoming increasingly obvious. As a long-term ruling party, China Producers Party must break through two contradictory theories. Establish the concept of respecting and protecting human rights, attach great importance to safeguarding the most realistic, caring and direct interests of the masses, attach great importance to solving the difficult problems faced by the masses in production and life, shift the focus of work from adjusting opposing class relations to recognizing and protecting the rights and obligations of social interests such as political relations, economic relations, property relations and personal relations, change the concept of attaching importance to political power over civil rights, overcome the idea of "pleading for the people", and improve the awareness of human rights protection and the ability to govern according to law. At present, in the field of criminal justice, some law enforcement officers still have the concept of focusing on cracking down on crimes and neglecting human rights protection, and are used to presumption of guilt and ignore the function of human rights protection of criminal justice. Therefore, we must vigorously advocate the concept of paying equal attention to cracking down and protecting, and enhance the awareness of people-oriented and civilized law enforcement.
Legal authority is the fundamental requirement of socialist rule of law.
State organs and their public officials in any society need certain authority, and the government authority in a society ruled by law is the authority placed under the legal authority. Whether the Constitution and laws really enjoy the highest authority in political and social life is the key to a country's rule of law. In modern countries ruled by law, some claim that the Constitution and laws have supreme authority, while others claim that no organization or individual can override the Constitution and laws, and all regard establishing legal authority as an important content to realize the rule of law. On the one hand, legal authority should establish a legal system with objectivity, certainty, stability and predictability through legislation. If laws can be changed at any time according to needs, from person to person and from place to place, then there is no rule of law at all. On the other hand, legal authority should ensure that any individual, organization or state organ can operate within the scope prescribed by law through law enforcement, judicature and law-abiding. In particular, state power organs and their public officials should act in strict accordance with the law, and those who violate the law will be prosecuted, effectively preventing any person or organization from enjoying the privilege above the law. The basic principle of socialist legal system, that is, "there are laws to follow, there are laws to be followed, and those who violate the law are prosecuted", is to make socialist laws have great authority. Article 5 of China's Constitution clearly stipulates the basic requirements of legal authority: "The state maintains the unity and dignity of the socialist legal system. All laws, administrative regulations and local regulations shall not contravene the Constitution. All state organs and armed forces, political parties, social organizations, enterprises and institutions must abide by the Constitution and laws. All violations of the Constitution and laws must be investigated. No organization or individual may have privileges beyond the Constitution and laws. " At present, to establish the concept of legal authority, we should pay special attention to maintaining the unity of the legal system, opposing local and departmental protectionism, and opposing legal instrumentalism that puts individuals or organizations above the law.
Supervision and restriction are the internal mechanism of socialist rule of law.
The significance of the rule of law lies in that it can not only make full use of state power to promote and protect citizens' rights, but also prevent the abuse and corruption of state power, ensure that state organs and public officials correctly exercise their power, and truly use the power entrusted by the people for the benefit of the people. The basic measure of socialist rule of law to prevent the abuse of power and ensure the correct exercise of power is to establish a power operation mechanism with reasonable structure, scientific allocation, strict procedures, effective restriction and strong supervision, and to bring all the powers in decision-making and implementation into the supervision and restriction mechanism to ensure that power runs along the track of institutionalization and legalization. Any power that is not supervised and restricted will inevitably lead to abuse and corruption. The implementation of the rule of law is to effectively supervise and restrict state power and prevent the alienation of state power. In China, people's congresses at all levels are democratically elected, accountable to and supervised by the people; The state administrative organs and judicial organs are produced by the people's congresses, and they are responsible to the people's congresses, report their work and accept supervision. Efforts should be made to broaden the channels of democratic supervision, improve the transparency of power operation, and organically combine democratic supervision, party organization supervision, legal supervision, administrative supervision and news public opinion supervision to form a supervision system in Socialism with Chinese characteristics. There are many ways to strengthen the supervision and restriction of power. The most important thing is to ensure the overall coordination and legal conduct of various supervision systems. It is necessary to realize the legalization of supervision and improve the legal system of supervision. To establish the concept that power is subject to supervision and restriction, we must fully implement the constitutional principles of division of responsibilities, mutual cooperation and mutual restriction, and oppose the practice of emphasizing cooperation and neglecting restriction, and oppose judicial dogmatism that excludes supervision.
Freedom and equality is the ideal and measure of socialist rule of law.
Freedom is a progressive state in which people are liberated from the bondage of natural forces and social relations, and the internal scale of people and the external scale of things are transformed and unified. The fundamental task of socialism is to create social preconditions for realizing and guaranteeing human freedom. The socialist rule of law is a social control system that creates and guarantees this developing freedom. Only by adhering to the people-oriented principle and developing socialist democracy and the rule of law can we ensure that human dignity, value and subjectivity are respected, give full play to human initiative and creativity, and create a harmonious society full of vitality, fairness and justice. The fundamental defect of the ancient rule of law is that ordinary citizens have not become the main body of the rule of law, and the rule of law is only a tool for the ruling class to govern the country and govern the country. "Governing the country according to law" has evolved into "governing the people according to law", and it is difficult to jump out of the category of rule by man. The advantage and success of modern rule of law lies in that the state not only relies on the coercive force and stipulation of law to establish a stable social order, but more importantly, it uses law to limit the power of state organs and their public officials, thus equally protecting citizens' rights and making ordinary citizens the subject of rule of law. With the development of socialist market economy and democratic politics, we must regard civil rights (the legal expression of individual freedom) as the basic elements of social relations and legal order. The equal protection of civil rights is not only the embodiment of the superiority of socialist rule of law, but also an important symbol of economic system reform, political system reform, judicial system reform and even the development of the whole society. In the past two decades, every major institutional reform can be attributed to re-understanding and adjusting the relationship between rights and obligations, and increasing the equal protection of civil liberties and rights. The process of China's social development and the development of the rule of law is a process in which citizens' demands and awareness of rights are constantly growing, and the mechanism for ensuring the equality of citizens' rights is gradually improved and perfected. Therefore, we should establish the concept of right standard and equality before the law, enhance the awareness of equal protection of civil liberties and rights, straighten out the relationship between civil rights and state power, and oppose the official standard and the will of the chief executive.
The socialist concept of rule of law is a modern concept of rule of law based on Marxist theory, which reflects and guides the practice of rule of law in Socialism with Chinese characteristics. It not only has the progressiveness of embracing all advanced concepts of the rule of law, but also emphasizes the concreteness of historical development stages based on reality. Ignoring its progressiveness will easily lead to the realistic tendency of accommodating the rule of man; Ignoring its concreteness will easily lead to fantasy or ideological confusion beyond the realistic possibility.
The basic connotation of governing the country according to law includes three aspects: everyone is equal before the law; Establish and maintain legal authority; Act strictly according to law.
All citizens in China have equal legal status, and no organization or individual has the privilege beyond the Constitution and laws. All illegal acts should be investigated according to law.
The unity of socialist legal system is an important symbol of legal authority. At present, some localities and departments have formulated and implemented some "indigenous policies" and "indigenous measures" that violate the national laws and the principle of the rule of law, and "you have laws and I have countermeasures", which must be resolutely opposed and effectively stopped.
Acting in strict accordance with the law means that the authority is legal, the power must be borne, the right to use is supervised, and the law is investigated. Unauthorized law enforcement is illegal; It is also illegal to refuse to call the police, refuse to file a case, and refuse to postpone the sentence because of uncertain reasons, and all of them must bear legal responsibility.
The Essential Requirement of Socialist Rule of Law —— Law Enforcement for the People
Sun (Deputy Director of Legal Affairs Bureau of the Ministry of Public Security):
At present, law enforcement for the people should emphasize three aspects: everything is for the people; Take the mass line; Respect and protect human rights.
Setting up charging items and amounts beyond the statutory authority, issuing fine indicators, instigating and conniving at arbitrary fines, arbitrary charges, arbitrary seizure and other acts, which are contrary to the interests of the people; To formulate management measures from the convenience of self-management and ignore the convenience and interests of the people is to "manage the people for public security"; So-called inspection and inventory, disturbing people by law enforcement, or even bringing down an enterprise by unnecessary seizure, regardless of the object, time and place, are all abuses of the power entrusted by the people ... resolutely oppose using the law enforcement power entrusted by the people for personal gain, departmental interests and local interests.
Political and legal organs should earnestly establish the concept of paying equal attention to maintaining social order and protecting human rights, and paying equal attention to cracking down on crimes and protecting human rights, and respect and protect the litigation rights and other legal rights of administrative counterparts, criminals, criminal suspects, defendants, prisoners and victims.
The Value Pursuit of Socialist Rule of Law —— Fairness and Justice
Wang Hongxiang (Deputy Director of Political Department of the Supreme People's Procuratorate):
To establish the concept of fairness and justice, we need to accurately grasp the following main connotations: legal and reasonable; Equal treatment; Timely and efficient; Procedural justice.
In reality, some political and legal organs regard the power of administrative punishment as a revenue-generating channel and set a fine target for police officers; Some will be punished within the statutory fine range regardless of the specific circumstances; Some fight for jurisdiction over cases to protect local interests, and so on. These are all against fairness and justice.
According to the requirements of the principle of rationality, the severity of the case and the result of handling should be equal, and the same situation should be handled equally.
Timely and efficient, on the premise of ensuring the quality of law enforcement, fairness and justice. When efficiency conflicts with justice, the former should be subordinate to the latter.
The Important Mission of Socialist Rule of Law-Serving the Overall Situation
Liu Zuoming (Deputy Secretary of Political and Legal Committee of Sichuan Provincial Committee):
The overall situation is historical, developing and concrete. At present, political and legal work serves the overall situation and is the need to ensure the construction of socialist economy, politics, culture and harmonious society.
We should give full play to the functions of safeguarding national security, resolving contradictions and disputes, cracking down on crime prevention, managing social order, maintaining fairness and justice, and serving reform and development.
Resolutely safeguard China's basic economic system and crack down on various economic crimes according to law. Investigate and deal with criminal cases of embezzlement, private division and misappropriation of state-owned assets, and safeguard the safety of state-owned assets; Strengthen the protection of intellectual property rights and severely crack down on all kinds of illegal and criminal acts that infringe intellectual property rights; We will crack down on illegal crimes that endanger the property safety of various economic entities in accordance with the law and protect the legitimate rights and interests of various economic entities equally.
The fundamental guarantee of socialist rule of law-the leadership of the party
Li Fengqi (Deputy Secretary General of Political and Legal Committee of Hebei Provincial Party Committee):
To uphold the party's leadership, we must correctly handle three relations: consolidating the party's ruling position, safeguarding citizens' legitimate rights and safeguarding the socialist rule of law; Organically combine the implementation of the Party's principles and policies with strict law enforcement; Unify strengthening and improving the party's leadership over political and legal work with ensuring that judicial organs exercise their functions and powers independently and impartially according to law.
The party's leadership over political and legal work is mainly political leadership, ideological leadership and organizational leadership, and it is not allowed to interfere with normal judicial activities, engage in local and departmental protectionism, and arbitrarily mobilize political and legal police officers to handle other affairs other than statutory duties; The judicial organs exercise their functions and powers independently, not without the leadership of the party, nor without supervision. It is necessary to correct the erroneous concept that urging the Party Committee to handle cases fairly according to law is equivalent to "interfering with judicial activities", and it is even more necessary to resolutely prevent the erroneous tendency of resisting and denying the party's leadership on the pretext of exercising its functions and powers independently according to law.