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2022-02-16

Today, the Political Bureau of the CPC Central Committee conducted its 35th collective study on building a socialist legal system with Chinese characteristics. The purpose of arranging this study is to summarize the achievements of the construction of the socialist rule of law system with Chinese characteristics, analyze the existing problems and deficiencies, adhere to the road of socialist rule of law with Chinese characteristics, and better promote the construction of the socialist rule of law system with Chinese characteristics. "The Dharma is right." Since its founding, our party has attached great importance to the construction of the rule of law. During the period of the new democratic revolution, our party formulated the outline of the constitution of the Soviet Republic of China and a large number of laws and decrees, created the "Ma Xi five trial method", and accumulated practical experience for the establishment of a new legal system. During the period of socialist revolution and construction, our Party led the people to formulate a series of important laws and regulations such as the Constitution and the organic law of state institutions, the election law and the marriage law, established a socialist legal framework system and established a socialist judicial system. During the period of reform, opening up and socialist modernization, our party put forward the policy of "there are laws to follow, laws must be followed, law enforcement must be strict and violations must be prosecuted", established the basic strategy of governing the country according to law, identified building a socialist country under the rule of law as an important goal of socialist modernization, and gradually formed a socialist legal system with Chinese characteristics with the constitution as the core. Since the 18th CPC National Congress, the CPC Central Committee has vigorously promoted the comprehensive rule of law into the strategic layout of "four comprehensives", made a series of major decisions and arrangements for the comprehensive rule of law, established the Central Committee for the comprehensive rule of law, improved the system of Party leadership legislation, ensuring law enforcement, supporting justice and taking the lead in abiding by the law, and basically formed the overall pattern of comprehensive rule of law. The Fourth Plenary Session of the 18th CPC Central Committee clearly put forward that the overall goal of comprehensively promoting the rule of law is to build a socialist legal system with Chinese characteristics and a socialist country ruled by law. We have focused on the construction of the rule of law system, adhered to the organic unity of the party's leadership, the people's ownership of the country and the rule of law, and adhered to the joint promotion of the rule of law, governance and administration according to law, adhered to the integrated construction of a country, government and society under the rule of law, comprehensively deepened the reform in the field of the rule of law, and comprehensively promoted the legal norms system, the implementation system and the supervision system of the rule of law The construction of the guarantee system of the rule of law and the system of laws and regulations within the party have made historic achievements in promoting the construction of the socialist system of the rule of law with Chinese characteristics. At the same time, we should also see that there are still some shortcomings and deficiencies in China's legal system, mainly including: the legal norm system is not complete enough, and there are weak points and blank areas in the relevant legal systems in key and emerging fields; The implementation system of the rule of law is not efficient enough, and the operation mechanism of law enforcement and judicial authority is not scientific enough; The supervision system of the rule of law is not strict enough, and the supervision of all aspects has not really formed a joint force; The guarantee system of the rule of law is not strong enough, and the construction of specialized teams of the rule of law needs to be strengthened; The weakness of foreign-related rule of law is obvious, and so on. These problems must be promptly studied and solved. The rule of law has been emphasized for many times. At present, China is in a critical period of realizing the great rejuvenation of the Chinese nation. The great changes in the world that have not been seen in a century have accelerated the evolution. The task of reform, development and stability is arduous and arduous. With the deepening of opening to the outside world, we need to give better play to the role of the rule of law in consolidating the foundation, stabilizing expectations and benefiting the long-term. At home, we have embarked on a new journey of building a modern socialist country in an all-round way and marching towards the goal of the second century. Based on the new development stage, we have implemented the new development concept, built a new development pattern, promoted high-quality development, met the people's growing requirements for democracy, the rule of law, fairness, justice, security and the environment, and improved the people's quality of life, Promoting common prosperity puts forward new and higher requirements for the construction of the rule of law. We must improve our ability and level of comprehensively ruling the country according to law and provide a strong legal guarantee for building a modern socialist country in an all-round way and achieving the second Centennial goal. Internationally, the world has entered a period of turbulence and change, and international competition is increasingly reflected in the dispute over systems, rules and laws. We must strengthen the construction of foreign-related laws and regulations, improve the judicial efficiency of foreign-related law enforcement, and resolutely safeguard national sovereignty, security and development interests. To build a socialist legal system with Chinese characteristics, we should comply with the needs of career development, adhere to the concept of system and promote it in an all-round way. At present and in the future, we should focus on the following aspects. First, adhere to the correct direction of the construction of the rule of law system. As I said, the key to the success of comprehensively promoting the rule of law is whether the direction is correct and whether the political guarantee is strong. Specifically, we should adhere to the party's leadership, adhere to the socialist system with Chinese characteristics and implement the theory of socialist rule of law with Chinese characteristics. The socialist rule of law system with Chinese characteristics is an important part of the socialist system with Chinese characteristics. We must firmly grasp the nature of socialism with Chinese characteristics, unswervingly follow the path of socialist rule of law with Chinese characteristics, correctly handle the relationship between politics and the rule of law, reform and the rule of law, the country under the rule of law and the rule of virtue, the rule of law and the rule of the party, and adhere to the party's comprehensive leadership Ensure that the people are particularly clear-minded and firm on major issues such as being masters of the country. We should always focus on the people, adhere to the rule of law for the people, rely on the people, benefit the people and protect the people, and implement the whole process of the construction of the rule of law system to reflect the people's interests, reflect the people's wishes, safeguard the people's rights and interests and enhance the people's well-being. The socialist legal system with Chinese characteristics we want to build must be a legal system rooted in Chinese culture, based on China's national conditions and solving China's problems. It can not be misled by the wrong western thoughts. Second, speed up legislation in key areas. The ancients said, "if a good law is established in the world, the world will govern; if a good law is established in a country, a country will govern." We should strengthen legislation in important areas such as national security, scientific and technological innovation, public health, biosafety, ecological civilization and risk prevention, accelerate the pace of legislation in areas such as digital economy, Internet finance, artificial intelligence, big data and cloud computing, and strive to improve the legal system urgently needed by national governance and necessary to meet the people's growing needs for a better life. We should give play to the role of ruling the party according to regulations as a political guarantee for the development of the cause of the party and the state, and form a pattern in which national laws and inner-party regulations complement each other. We should focus on the urgent expectations of the people and strengthen legislation in the field of people's livelihood. For the prominent problems in the entertainment circle, such as telecommunications network fraud, new drug crimes, cult style star chasing, chaos in the "rice circle" and "Yin-Yang contract", which are strongly reflected by the people, we should start with improving the law and make up for regulatory loopholes and weaknesses, and we must not let it go. Over the years, the problem of disorderly expansion of capital has become more prominent. The brutal growth of some platform economies and digital economies and the lack of supervision have brought many problems. We should speed up the revision of the anti-monopoly law and the anti unfair competition law, and speed up the improvement of relevant legal systems. Comrade Mao Zedong said, "to build a constitution is to build science." We should grasp the key to the quality of legislation, deeply promote scientific legislation, democratic legislation and legislation according to law, make an overall plan for legislation, reform, abolishment, interpretation and compilation, improve legislative efficiency, and enhance the systematicness, integrity and synergy of legislation. Safeguarding the unity of the rule of law is a serious political issue. Legislative bodies and working departments at all levels should follow legislative procedures and strictly abide by their legislative powers, effectively avoid ultra vires legislation, duplicate legislation and blind legislation, and effectively prevent the impact of departmental interests and local protectionism. "Things in the world are not difficult to legislate, but difficult to act by law." To promote the construction of the rule of law system, the key and difficulty lies in promoting the correct implementation of the law through strict law enforcement, fair justice and law-abiding by the whole people, so as to turn "law on paper" into "law in action". We should improve the guarantee mechanism of equality before the law and safeguard the unity, dignity and authority of the national legal system. All acts in violation of the Constitution and laws must be investigated. Party organizations and leading cadres at all levels should take a clear-cut stand to support the judicial organs in exercising their functions and powers independently according to law, and never allow them to use their functions and powers to interfere in the administration of justice or intervene in cases. Third, deepen reform in the field of the rule of law. At present, there are some prominent contradictions and problems in the field of the rule of law because the reform has not been fully in place. We should focus on the goal of making the people feel fairness and justice in every legal system, every law enforcement decision and every judicial case, deepen the comprehensive supporting reform of the judicial system, and accelerate the construction of a fair, efficient and authoritative socialist judicial system. We should improve the legal guarantee system for social fairness and justice, improve the public interest litigation system, improve the operation mechanism of law enforcement power, supervision power and judicial power, and strengthen power restriction and supervision. We should speed up the construction of a systematic, standardized and efficient system of Judicial Restriction and supervision of law enforcement, strengthen the supervision of opposing legal power, law enforcement power, supervision power and judicial power, and improve the system and mechanism in which discipline inspection and supervision organs, public security organs, procuratorial organs, judicial organs and judicial administrative organs perform their respective duties, and the power of investigation, procuratorial power, judicial power and execution restrict each other, Ensure that all links and the whole process of law enforcement and justice are carried out under effective restriction and supervision. We should strengthen overall planning, improve the training system of legal talents, accelerate the development of legal service teams such as lawyers, notaries, judicial expertise, arbitration and mediation, and strive to build a socialist legal work team loyal to the party, the country, the people and the law. We should deepen the reform of the management system of law enforcement and judicial personnel, and strengthen the management, education and training of specialized teams under the rule of law. We should deepen the education and rectification of the political and legal team, continue to crack down on corruption in the field of law enforcement and justice according to law, and promote the normalization of the fight against triads and evil. It should be emphasized that the reform in the field of the rule of law is highly political and policy oriented. We must grasp the principles and stick to the bottom line. We must not turn the reform into a "benchmarking" western rule of law system and "pursuing" western rule of law practice. Fourth, the use of the rule of law means to carry out international struggle. Since the 18th CPC National Congress, we have comprehensively promoted the rule of law at home and abroad, and significantly improved our ability to safeguard the interests of the country and the people by means of the rule of law. We should adhere to the overall promotion of the rule of law at home and abroad, strengthen legislation in the field of foreign affairs in accordance with the principle of urgency first, further improve the laws and regulations on anti sanctions, anti-interference and anti long arm jurisdiction, and promote the construction of the legal system of extraterritorial application of China's laws. We should bring the expansion of law enforcement and judicial cooperation into the important issue of the construction of bilateral and multilateral relations, and extend the security chain to protect China's overseas interests. We should strengthen the construction of foreign legal talents. Fifth, strengthen the theoretical research and publicity of the rule of law. We summed up the rule of law in China's socialist rule of law, inherited the essence of Chinese legal culture, and gained useful results from the rule of law civilization in the world, thus forming a new concept and new measure of comprehensively administering the country according to law. At the Central Working Conference on comprehensively ruling the country according to law, I summarized it as "eleven insistences". We should strengthen the research on the original concept, judgment, category and theory of the rule of law in China, and strengthen the construction of the discipline system, academic system and discourse system of law with Chinese characteristics. We should implement the thought of socialist rule of law with Chinese characteristics in the new era into the compilation of teaching materials and teaching work of various legal disciplines, promote the introduction of teaching materials, classrooms and minds, and strive to cultivate more rule of law talents with firm ideals and beliefs, strong family and country feelings and solid legal foundation. We should strengthen the political guidance of lawyers and educate and guide the majority of lawyers

Edit:He Chuanning    Responsible editor:Su Suiyue

Source:Qiushi

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