Over the past 40 years of reform and opening up, China's rule of law construction has not only made historic achievements, laying a solid foundation for realizing the modernization of the rule of law and building a strong country with a socialist rule of law, but also accumulated a series of valuable experiences and formed a set of scientific theories. In addition to adhering to and expanding the path of socialist rule of law with Chinese characteristics, adhering to the integration of governing the country by law and adhering to the rule of virtue , adhering to the organic unity of governing the country according to law and governing the party according to regulations, and adhering to the coordination of comprehensive advancement and key breakthroughs, there are also the following important experiences: experience.
1 Adhere to the positive interaction between the rule of law and autonomy
Autonomy refers to a form of governance in which individuals or groups manage their own affairs and are responsible for their actions. It is not only an advanced form of social governance, but also a value goal of social life. The Decisions of the Third and Fourth Plenary Sessions of the 18th CPC Central Committee opened up a new situation of social autonomy in accordance with the law. According to the registration data of the Ministry of Civil Affairs on March 17, 2017, there are 807,000 social organizations in the country, including about 374,000 social groups, 6,397 foundations, and about 428,000 private non-enterprise units. A social autonomy pattern with decentralized power, self-management, good interaction, and orderly operation is rapidly taking shape. While supporting the autonomy of social organizations, we should vigorously promote the autonomy of social organizations in accordance with the law. Specifically, the following are: first, accelerating the legislation of social organizations to provide clear legal basis for the establishment and operation of social organizations; second, establishing a joint law enforcement mechanism to increase the supervision of social organizations. Organize the investigation and punishment of illegal activities; thirdly, promote the construction of social norms, improve various "folk laws", industry association norms, citizen conventions, township rules and regulations, group charters and other "soft law" social norms, and form a multi-faceted social norm. A normative system of hierarchy and effectiveness. On the basis of summarizing the social governance experience including the "Maple Bridge Experience", the 19th National Congress report clarified the ideas and strategies for social governance in the new era and proposed "creating a social governance pattern of joint construction, joint governance and shared benefits."
2 We insist on governing the country in accordance with the Constitution and governing the country in accordance with the Constitution. The rule of law and the rule of law China's construction
The Constitution is "the general basis for governing the country", "the general basis for comprehensively governing the country according to law", "the general basis for the country's various systems and laws and regulations" ". Precisely because the Constitution is the general charter, fundamental law, and general basis, to persist in governing the country according to the law, we must first persist in governing the country in accordance with the Constitution, and to persist in governing in accordance with the law, we must first persist in governing in accordance with the Constitution. After the promulgation and implementation of the Constitution in 1982, based on the practice and development of my country's reform, opening up and socialist modernization, under the leadership of the Party Central Committee, the National People's Congress conducted individual investigations on it five times in 1988, 1993, 1999, 2004 and 2018. Necessary and very important amendments have been made to the articles and parts of the content, which has effectively promoted and strengthened the construction of socialist democracy and the rule of law in our country. The current Constitution and its previous amendments provide a constitutional basis for the enactment, reform, abolition and interpretation of laws. In order to follow up on the amendments to the Constitution, a series of laws and regulations in our country have been revised and improved accordingly. At the same time, a series of new laws and regulations have been enacted in accordance with the Constitution. It not only accelerated the formation of a socialist legal system with Chinese characteristics, but also promoted the modernization of the socialist rule of law. Our country's Constitution, with its scientific theory, institutional advantages and strong authority, guides and leads the journey of comprehensively governing the country according to law and building a rule-of-law China.
3 Adhering to the two-wheel drive of the rule of law and reform
Since 1978, the cause of socialism with Chinese characteristics has had two major themes, one is reform and opening up, and the other is the construction of the rule of law. This was the work policy established by Comrade Deng Xiaoping at that time. He repeatedly emphasized: focus on reform with one hand; Grasping the rule of law with one hand. The two major themes are intrinsically and mutually reinforcing and inevitable: on the one hand, the great practice of reform and opening up has created the need for law and promoted the construction and development of the rule of law; on the other hand, the rule of law has adapted to the needs of reform and opening up and provided the basis for reform and opening up. Protect and guide. As Comrade Xi Jinping pointed out, “We must comprehensively deepen reforms and comprehensively promote law-based governance like the two wings of a bird and the two wheels of a chariot, so as to achieve the goal of building a moderately prosperous society in all respects as scheduled."At the same time, we must persist in advancing reform under the rule of law and improve the rule of law during reform, so that reform can be effectively promoted due to the rule of law, and the rule of law can be continuously improved due to reform; we must insist on the unification and connection of reform decision-making and legislative decision-making, and integrate reform decision-making into Combining it with legislative decision-making and advancing reform and the rule of law simultaneously
4 Adhering to the overall coordination of domestic rule of law and international rule of law
Coordinating the domestic and international affairs is the basic concept and basic experience of our party's governance since the reform and opening up. One of the experiences is to insist on coordinating the overall situation of domestic rule of law and international rule of law. China's negotiations to join the World Trade Organization in the 1990s provided an unprecedented opportunity for my country's laws to connect with world rules and integrate into legal globalization. To force the reform of the domestic rule of law, my country's legislative and administrative agencies have carried out large-scale law revision and clean-up of regulations, involving more than 3,000 laws, regulations and departmental rules, and 190,000 local regulations and normative documents to promote legal transparency and international It has coordinated the application of both domestic and international rule systems, effectively safeguarded and developed our country's legitimate interests, and created a good external legal environment for our country's reform, opening up, and prosperity. Since the 18th National Congress, the party with Comrade Xi Jinping at its core has The central government assesses the situation and coordinates the promotion of "two rule of law" so that domestic rule of law, international rule of law and global governance complement each other, and the integration of domestic rule of law and international rule of law has reached an unprecedented level.
5 adheres to the combination of top-level design, scientific layout, pilot exploration, and pilot trials.
In the field of rule of law reform, since the 18th National Congress of the Communist Party of China, the Party Central Committee with Comrade Xi Jinping as the core has strengthened the unified leadership and top-level design of rule of law reform and rule of law construction, and proposed the overall goal of comprehensively advancing the rule of law and the general path for building a rule-of-law China. Incorporate the rule of law into the "Four Comprehensives" strategic layout and connect it with the "Two Centenary Goals", closely connect the construction of the socialist rule of law system with Chinese characteristics with the modernization of the national governance system and governance capabilities, and inject strong impetus into the construction of the rule of law , demonstrating the role of top-level design in political leadership, theoretical navigation, and action guidance. All rule of law reform plans are reviewed and decided by the Party Central Committee and the Central Leading Group for Comprehensive Deepening Reform, and major reforms are decided by the Political Bureau of the Central Committee to ensure that the Party Central Committee is responsible for rule of law reform and in accordance with the law. Unified leadership in governing the country. While strengthening unified leadership and top-level design, we encourage and support local governments and industries to create and accumulate experiences that can be replicated and promoted. These experiences provide the top-level design of the Party Central Committee. It provides a practical basis and scientific basis.
6 Adhering to the laws of the rule of law is consistent with adhering to Chinese legal principles.
A very distinctive feature of China's legal construction and legal reform is that it attaches importance to both laws and legal principles, follows the rules of the rule of law, and upholds the spirit of legal principles. Since then, in the entire process of comprehensively promoting the rule of law, General Secretary Xi Jinping has discussed the inevitability of strict enforcement of the rule of law from a regular basis, revealed the regularity of the rule of law, and condensed major theoretical propositions and academic judgments of the rule of law. While respecting and following the rules, we also uphold the spirit of legal principles. The legal principles we are talking about include not only the universal legal principles recognized by human society, but also the legal principles in traditional Chinese legal culture. It should also include the modern legal principles formed during the period of China’s revolution, construction, and reform, especially the legal principles in the new era of socialism with Chinese characteristics. . Chinese legal principles in the new era are concentrated in Xi Jinping’s Thought on Socialism with Chinese Characteristics for a New Era. Since the 18th National Congress of the Communist Party of China, General Secretary Xi Jinping has not only repeatedly emphasized the need to learn to use legal thinking and legal methods to govern the country, but also to be good at using legal thinking and legal discourse to enhance the explanatory power and appeal of the socialist rule of law theory with Chinese characteristics and consolidate the comprehensive governance of the country according to law. The legal basis for major deployments and reform plans. In his speeches and treatises on the rule of law, it can be said that each article contains golden sentences of legal principles, and the whole volume is full of pearls of legal principles.
(The author Zhang Wenxian is the vice president of the China Law Society and director of the Academic Committee)
Source: Beijing Daily·Theoretical Weekly
Editor: RB011
