2024-08-09 00:32:17
Executive summary
To deepen reform and promote Chinese-style modernization on the track of the rule of law, the focus is to better play the role of the rule of law in consolidating the foundation, stabilizing expectations, and benefiting the long-term, ensuring the correct direction for further comprehensively deepening reforms, and ensuring the steady and long-term progress of Chinese-style modernization. To achieve the unity of reform and the rule of law, the key is to grasp the important link of scientific legislation, ensure that major reforms are well-founded in law, and promptly upgrade the reform results into the legal system.
Governance according to law is the most reliable and stable governance, and the rule of law is the most scientific and effective way of national governance. Since the new era, we have insisted on promoting reform under the rule of law, improving the rule of law during reform, and promoting comprehensive deepening of reform in depth with the outstanding results of comprehensively governing the country according to law. The “Decision of the Central Committee of the Communist Party of China on Further Comprehensively Deepening Reform and Promoting Chinese-style Modernization” reviewed and approved by the Third Plenary Session of the 20th Central Committee of the Communist Party of China profoundly summarized the valuable experience of comprehensively deepening reform since the reform and opening up, especially in the new era, and included “adhering to comprehensive rule of law” As one of the major principles for further comprehensively deepening reform. We must thoroughly study and implement the spirit of the Third Plenary Session of the 20th Central Committee of the Communist Party of China. We must deeply understand and master this important principle, continuously enhance political awareness, ideological awareness, and action awareness to deepen reforms on the track of the rule of law and promote Chinese-style modernization, and continuously improve the application of the rule of law. The ability of thinking and rule of law to deepen reform, promote development, resolve conflicts, maintain stability, and respond to risks.
Proven by history, tested by practice, and required by reform
Throughout the history of human civilization, it is not difficult to find that the rule of law is closely related to development, the rule of law and reform, and the rule of law and modernization. Regulating social life and maintaining social order with clear legal norms, and giving full play to the important role of the rule of law in promoting development, deepening reform, and promoting modernization, are common experiences in governance at home and abroad in ancient and modern times.
Our party’s long-term practice of leading revolution, construction, and reform fully demonstrates that the rule of law is of great significance to reform, development, stability, and socialist modernization. When leading the formulation of the May 4th Constitution, Comrade Mao Zedong once likened the Constitution to a “track” and pointed out: “Use the Constitution as a fundamental law to fix the principles of people’s democracy and socialism so that the people of the country can have a clear track. Let the people of the country feel that there is a clear and correct path to take.” Our party has led the people in unremitting exploration of how to bring socialist modernization into the rule of law. Since the reform and opening up, our party has regarded the rule of law as the basic way of governing the country, persisted in using legal thinking and legal methods to promote reform, and has revised the current Constitution five times to provide the fundamental legal basis for reform, opening up and socialist modernization; constantly improve the Constitution-based As the core of the socialist legal system with Chinese characteristics, compile the civil code, improve the legal system of the socialist market economy, and promote better compatibility between production relations and productivity, superstructure and economic foundation, national governance and social development. Based on the practical exploration of promoting and expanding Chinese-style modernization, and summarizing the experience and lessons of the rise and fall of various civilizations in human history, General Secretary Xi Jinping clearly stated that “the rise of the rule of law will lead to the prosperity of the country, and the decline of the rule of law will lead to the country’s chaos.” “A stable system will lead to a stable country. A strong system makes the country strong” and other important conclusions, emphasizing that “in the entire reform process, we must attach great importance to the use of legal thinking and legal methods, and give play to the leading and promoting role of the rule of law.” “We must persist in advancing the national governance system and governance on the track of the rule of law. Capability modernization” and “comprehensively establishing a modern socialist country on the track of the rule of law.” Under the scientific guidance of Xi Jinping’s thought on the rule of law, we adhere to the comprehensive rule of law, and the rule of law effectively guides, promotes, regulates, and guarantees comprehensively deepening reforms, achieving historic changes, systemic reshaping, and overall reconstruction in many areas, and promoting China’s comprehensive construction A new journey for a modern socialist country.
History and reality have inspired us that comprehensively deepening reform and comprehensively governing the country according to law promote and complement each other. On the new journey, only by continuing to adhere to the comprehensive rule of law, further comprehensively deepening reforms along the track of the rule of law, and promoting Chinese-style modernization can we better transform institutional advantages into governance effectiveness. To achieve the overall goal of further comprehensively deepening reforms, we will focus on building a high-level socialist market economic system, focusing on developing people’s democracy throughout the process, focusing on building a socialist cultural power, focusing on improving the quality of people’s lives, focusing on building a beautiful China, and focusing on building a better society. To achieve a high level of Safe China and to further comprehensively deepen reforms focusing on improving the party’s leadership and long-term governance capabilities, the rule of law is required to provide rule guidance and institutional guarantees. We must deeply understand the strategic significance of adhering to the comprehensive rule of law as a major principle for further comprehensively deepening reforms, accurately grasp the scientific connotation and practical requirements of “the rule of law is an important guarantee for Chinese modernization” proposed by the Third Plenary Session of the 20th CPC Central Committee, and deepen Reforms in the legislative field should further promote administration according to law, improve judicial systems and mechanisms for fair law enforcement, improve mechanisms to promote the construction of a rule-of-law society, strengthen foreign-related legal construction, and promote comprehensive and deepening reforms in breadth and depth with the goal of comprehensively governing the country according to law.
Focus on giving better play to the safeguarding role of the rule of law
Further comprehensively deepening reforms and promoting Chinese-style modernization is a complex and systematic project. The deeper the reform and the further Chinese-style modernization advances, the greater the resistance and pressure will be encountered, the more complex the risks that need to be prevented and resolved, and the more important and urgent it will be to adhere to the comprehensive rule of law. Adhere to the comprehensive rule of law, deepen reform on the track of the rule of law, and promote Chinese-style modernization. We must insist that the rule of law and reform work in the same direction, advance simultaneously, and promote each other. The focus is to better exert the rule of law to consolidate the foundation, stabilize expectations, and benefit the long-term. protection function.
Provide support for further comprehensively deepening reforms and always adhering to the right direction. The direction determines the future, and the road determines the destiny. The direction of reform is a fundamental issue. Ensuring the correct direction of further comprehensively deepening reforms is an inevitable requirement for the rule of law to better play its role in consolidating the foundation, stabilizing expectations, and ensuring long-term benefits. General Secretary Xi Jinping pointed out: “Our reform and opening up has a direction, a stand, and a principle. Of course we must hold high the banner of reform, but our reform is a reform that continues to advance on the path of socialism with Chinese characteristics and does not follow a closed and rigid path. “We will resolutely change what should be changed and can be changed, and we will resolutely not change what should not be changed and cannot be changed.” The overall goal of further comprehensively deepening reforms is to continue to improve and develop the socialist system with Chinese characteristics and promote the modernization of the national governance system and governance capabilities, which points out the correct direction for further comprehensively deepening reforms. To deepen reform and promote Chinese-style modernization on the track of the rule of law, the “rule of law” here is not any other “rule of law”, but the socialist rule of law with Chinese characteristics. Upholding the leadership of the Party, adhering to the socialist system with Chinese characteristics, and implementing the theory of socialist rule of law with Chinese characteristics are the core essence of the path of socialist rule of law with Chinese characteristics. To further comprehensively deepen reforms along the track of socialist rule of law with Chinese characteristics, we must build a foundation for the rule of law, implement the power of the rule of law, and build up the momentum of the rule of law in order to uphold the leadership of the party and the socialist system with Chinese characteristics, and ensure that the socialist rule of law with Chinese characteristics Various reform measures will not go astray, out of shape, or deformed, and will always be expanded and deepened in the right direction.
Provide guarantee for the steady and long-term development of Chinese-style modernization. The rails not only support the feet, but also extend far into the distance. Ensuring that Chinese-style modernization is stable and long-term is an integral part of deepening reforms and promoting Chinese-style modernization on the track of the rule of law. It is a clear manifestation of the role of the rule of law in consolidating fundamentals, stabilizing expectations, and benefiting long-term security. This requires that the entire process of adhering to the comprehensive rule of law be implemented to further comprehensively deepen reforms and promote Chinese-style modernization, and be reflected in all aspects of economic construction, political construction, cultural construction, social construction, and ecological civilization construction, so as to achieve the goal of The rule of law gathers consensus on reform, leads the direction of reform, regulates the reform process, resolves reform risks, consolidates and expands reform results, and continuously enhances the legitimacy, rationality, regularity and purpose of reform. We must deeply realize that the need for the rule of law to further comprehensively deepen reforms and promote Chinese-style modernization is not temporary, local or individual, but is all-round and overall. Focusing on building the fundamental system, improving the basic system, and innovating important systems, the Third Plenary Session of the 20th Central Committee of the Communist Party of China put forward such policies as “improving the grassroots democratic system”, “improving the income distribution system”, “improving the ecological environment governance system” and “strengthening the coordination of national security work”. There are more than 300 reform measures including the establishment of systems and mechanisms, which all need to be implemented through the formulation of rules and strict enforcement of the rule of law. To ensure the steady and long-term progress of Chinese-style modernization, we must systematically respond to the legal needs of further comprehensively deepening reforms and comprehensively promote the rule of law in all aspects of national work.
Practically achieve the unity of reform and the rule of law
To further comprehensively deepen reforms, we must adhere to the comprehensive rule of law, deepen reforms on the track of the rule of law, and promote Chinese-style modernization. The ultimate goal is to achieve the unity of reform and the rule of law, to ensure that major reforms are well-founded in the law, and to promptly turn the reform results into law system. Generally speaking, reform means “breaking” and rule of law means “establishing”. How can we unify the two? General Secretary Xi Jinping pointed out: “Scientific legislation is an important link in dealing with the relationship between reform and the rule of law.” The key to correctly handling the dialectical relationship between reform and the rule of law, realizing the simultaneous advancement of reform and the rule of law, and promoting Chinese-style modernization in the unity of reform and the rule of law lies in grasping the We should ensure the important link of scientific legislation and realize the unification and connection between reform decision-making and legislative decision-making.
Ensure that major reforms are well-founded in law. It is necessary to safeguard the unity, dignity, and authority of the country’s rule of law, insist on promoting reforms under the rule of law, focus on ensuring that major reforms are well-founded in law, and achieve both destruction and establishment, establishing first and then breaking. This requires legislation to proactively adapt to the needs of reform. When studying reform plans and reform measures, simultaneously consider the legislative issues involved in the reform, timely put forward legislative needs and legislative suggestions, list urgently needed laws and regulations for reform as legislative focus and priority items, and address issues related to reform. Laws that further comprehensively deepen the reform shall be formulated and revised in a timely manner; the direction, principles and requirements of the reform shall be fully reflected in legislation, and existing laws and regulations that conflict with the reform plan and are no longer adapted to the reform requirements shall be sorted out, revised or abolished in a timely manner, and shall not be Let some outdated laws and regulations or their individual provisions become a “stumbling block” for reform; for major reform measures that are not yet mature in practice and need to be tried first, and that may break the current legal provisions, authorization must be made in accordance with legal procedures, and neither Breaking through legal red lines at will cannot simply delay reform on the grounds that there is no basis for existing laws.
Elevate the reform results into the legal system in a timely manner. General Secretary Xi Jinping pointed out: “As the practice of socialism with Chinese characteristics moves forward, the construction of the rule of law must follow suit.” Every successful reform is a successful institutional innovation. Reform achievements are hard-won, and reform experience is worth summarizing. It is necessary to persist in improving the rule of law in the reform, and timely upgrade the reform results into the legal system as the starting point, institutionalize and legalize the reform results, promote our country’s socialist rule of law, constantly condense the theoretical achievements and practical experience of the party’s governance, and always It has become the most basic, stable and reliable guarantee for the governance of the system. Further comprehensively deepening reforms and promoting Chinese-style modernization place higher requirements on the quality of legislation. At present, to timely upgrade the results of reforms into the legal system, we must pay more attention to establishing good laws, continuously improve the quality of legislation, promote development with good laws, and ensure good governance. It is necessary to start from the legislative supply side and further promote scientific legislation, democratic legislation and legislation in accordance with the law. Focus on using the power of the rule of law to consolidate and expand the results of reforms, and confirm the experience and practices that have been proven to be effective in legal form, making them a code of conduct that must be universally followed. Deepen the reform in the field of the rule of law, coordinate the reform of legislation, law enforcement, judiciary, and law-abiding, and integrate the belief, authority, and effectiveness of the rule of law into all practices of reform.
(The author is a member of the Party Leadership Group and Director of the Academic Committee of the China Law Society)
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