Legal System and Social Development (bimonthly) Rule of Law China Fully Promotes Legal Reform and Accelerates the Construction of the Rule of Law China Zhang Wenxian (Research Center of Theoretical Law of Jilin University, Changchun 130012, Jilin) ​​It can be found that the Third Plenary Session of the 18th CPC Central Committee has made comprehensive achievements in China's legal reform and rule of law construction. The strategic deployment includes: raising the rule of law discourse and the rule of law in the comprehensive deepening of reform, simultaneously implementing the legal reform in the comprehensive deepening of reform, and accelerating the construction of the rule of law in the comprehensive deepening of reform.
The Third Plenary Session of the 18th CPC Central Committee profoundly analyzed the major theoretical and practical problems faced by China's reform, development and stability, clarified the significance and future direction of comprehensively deepening reforms, and proposed the guiding ideology, objectives and tasks, and major principles for comprehensively deepening reforms. The new blueprint, new vision, and new goals for comprehensively deepening reforms have brought together new ideas, new theories, and new measures for comprehensively deepening reforms, reflecting social voices, social demands, and social expectations, and condensing the whole party and society as a whole. The ideological consensus and operational wisdom of reform. The spirit of the Plenary Session is embodied in the "Decision of the Central Committee of the Communist Party of China on Comprehensively Deepening the Reform of Some Major Issues" (hereinafter referred to as "Decision") and the General Assembly of the Third Plenary Session of the 18th Central Committee of the General Party of Xi Jinping (hereinafter referred to as the "Gazette") General Secretary Xi Jinping and his important speech at the two plenary meetings of this plenary session. Among them, the thinking and deployment of the reform of the legal system and the construction of the rule of law in China are concentrated in the widespread attention and praise at home and abroad. This article makes a preliminary legal interpretation of the spirit of the Third Plenary Session of the 18th Central Committee from three aspects.
I. Promoting the Rule of Law Discourse and the Rule of Law in the Comprehensive Deepening Reform In the history of the party, the rule of law discourse has never been as prominent in the "Decision" of the Third Plenary Session of the 18th Central Committee. Since the reform and opening up, the construction of the legal system of the 12th, 13th, and 14th National Congress of the Communist Party of China has been devoted to the construction of spiritual civilization. The legal system and democracy are all part of the spiritual civilization corresponding to material civilization. Has not yet gained an independent status. For the first time, the report of the 15th National Congress of the Communist Party of China separated socialist democracy from spiritual civilization. The title of "Political System Reform and Democracy and Legal System Construction" was elaborated, and a new paradigm was opened, indicating that the party is building more democracy and the rule of law (rule of law). Pay attention to it. Since then, the rule of law and the rule of law as the basic content of democratic and democratic political construction have been elaborated and deployed in democratic politics. Under the democratic politics, the rule of law is a two-wing fund project that complements democracy: the National Social Science Fund's major commissioned project “Research on the Socialist Judicial Theory System with Chinese Characteristics†(12zhU: “2011 Plan†Judicial Civilization Collaborative Innovation Center Research Achievements Judicial Civilization Collaborative Innovation, Psychology Director, Co-Director, Senior Professor of Philosophy and Social Science, Jilin University, Professor of Doctoral Supervisor, Institute of Theoretical Law, Jilin University, Ph.D.
The status of the legal system and social development has been significantly improved. In particular, after the report of the 15th National Congress of the Communist Party of China clearly stated that it must 'govern the country according to law and build a socialist country ruled by law, the important position and role of the rule of law have received unprecedented attention. The six major reports in the "political construction and political system reform" part, the 17th National Congress report in the "unswervingly develop socialist democratic politics" part, the 18th National Congress of the Communist Party of China "adhere to the socialist political development path with Chinese characteristics and promote the political system The reform "partly elaborates on the rule of law and the construction of the rule of law. The "Decision" of the Third Plenary Session of the 18th CPC Central Committee further separates the rule of law construction from democratic politics. Chapter VIII "Strengthening the Construction of Socialist Democratic Political System" elaborates and deploys The construction of democratic politics, Chapter IX, 'Promoting the rule of law, China's construction,†is a special discussion and deployment of the rule of law and legal reform. Such structural arrangements have released the signal that the central government pays more attention to the rule of law.
As the basic category of law, the law (law), the rule of law (legal system), rights, obligations, power, etc., like the appearance of a pearl in the rule of law, is full of the "Decision". The discourse of the rule of law includes the concept of the rule of law, the concept of the rule of law, the rule of law, the rule of law, the rule of law, and the rule of law. Such women are "closely adhering to the party's leadership, the people being the masters of the country, and governing the country according to law, organically unifying and deepening the reform of the political system, accelerating the institutionalization, standardization, and proceduralization of socialist democratic politics, building a socialist country ruled by law, and developing more extensively. A more complete and more sound people's democracy." Article 2 "Building a rule of law in China must adhere to the rule of law, the rule of law, and the administration of law, and adhere to the rule of law, the rule of law, and the rule of law."
038 "Simplify the social legal education mechanism and enhance the concept of the rule of law for all people."
10 Article 30 “Building a Legalized Business Environmentâ€. Article 9 “Adhere to the rule of law, strengthen the rule of law, and use the rule of law and the rule of law to resolve social contradictions.†Article 47 “Incorporate the petition involving lawsuits into the rule of law orbitâ€. Article 49 “Developing the environmental protection market and promoting energy conservation, carbon emission rights, emission rights, and water rights trading systemsâ€. Article 53 The concept of the rule of law and the spirit of the rule of law run through the full text of the Decision. The "Decision" highlights the advanced concept of the rule of law and the spirit of the rule of law from beginning to end.
It can be seen from four aspects.
(1) The "Decision" fully reflects the rule of law concept of respecting and safeguarding human rights and the spirit of the rule of law and the balanced allocation of public resources. Safeguarding the rights and interests of farmers' production factors, ensuring equal pay for equal work for migrant workers, and ensuring farmers' fair share of land value-added income "; Article 22" implements the party's national policy, safeguards the legitimate rights and interests of ethnic minorities, and consolidates and develops socialist ethnic relations of equality, solidarity, mutual assistance and harmony. 0 Article 28 “Playing the important role of lawyers in safeguarding the legitimate rights and interests of citizens and legal personsâ€; Article 34 “Improving the care system for left-behind children, women and the elderly in rural areas, improving the rights and interests of disabled persons, and ensuring the classification of children in distress "00 Article 45, rights and interests are guaranteed" 00 Article 49 "Giving farmers more property rights. Protecting the rights of peasant collective economic organizations, actively developing peasant shareholding cooperation, giving farmers vested in collective assets, income, and paid-out And mortgage, guarantee, and inheritance rights. Guarantee the right to use property rights of farmer homesteads, reform and improve the rural housing base system, select a number of pilots, prudently and steadily promote the mortgage, guarantee, and transfer of farmers' housing property rights, and explore ways for farmers to increase property income. Trading market, promoting rural areas The rights transfer transaction is open, fair, and standardized.†Article 20 “The public property rights are inviolable, and the non-public economic property rights are equally inviolableâ€; 00 Article 5 Employment, medical care, pension insurance, housing, family planning reform and ecological protection The content of judicial reform has also actively responded to the needs of human rights, fully embodying the rule of law and the spirit of the rule of law that respect and protect human rights.
It is also worth noting that the "Decision" adopts 1 in the "Decision" in dealing with the relationship between power and rights, state and society, government and market. In addition to the rights and powers as a general concept, it also includes a large number. Concepts and terms such as X rights, XX rights, and XXX rights. These concepts and terminology respectively express rights or powers. These papers analyze and classify them, including human rights, property rights, equity, private rights, copyrights, management rights, security rights, inheritance rights, usufructuary rights, legal rights, and production factors. Equity, rights protection, autonomy, carbon emission rights, emission rights, water rights (transaction system), forest rights, confirmation rights, lawyers' practice rights, etc. are classified as "rights"
Scope, but the political power, legislative power, law enforcement power, judicial power, procuratorial power, executive power, (national) supervision, management power, law enforcement discretion, public power, (central, local) power, authority, powers and responsibilities The intersection of powers and responsibilities, decentralization, authorization, and authority are included in the scope of “powerâ€.
Comprehensively promote the reform of the legal system and accelerate the construction of the rule of law in China - the legal interpretation of the spirit of the Third Plenary Session of the 18th Central Committee. The "Decision" pointed out: "To establish fair, open and transparent market rules. Implement a unified market access system. On the basis of the formulation of negative lists, various market entities can enter the field outside the list in an equal manner according to law."
Article 9 also states: "Implement the power list system of local governments at all levels and their work departments, and open the power operation process according to law... 1The provisions of Article 35 are that the law and the law do not prohibit citizens and legal persons." Freedom; no authorization for the state and political powers can't be.
(2) The "Decision" fully reflects the rule of law and the spirit of the rule of law. 31 "Decision" combines "promoting fairness and justice" with "enhancing the well-being of the people" as the starting point and foothold of comprehensive deepening reform, and as a reform The guiding ideology emphasizes “making the development results more fair and fair to the benefit of all people.†Article 2 accelerates the transformation of the economic development mode and promotes the economy to be more efficient, fairer and more sustainable. “m Article 2†Focusing on better safeguarding and improving people's livelihood, promoting social fairness and justice, deepening social system reform, reforming the income distribution system, promoting common prosperity, promoting institutional innovation in the social field, promoting the equalization of basic public services, accelerating the formation of a scientific and effective social governance system, and ensuring society. It is full of vitality and harmony. "1 Article 2" guarantees fair competition ". 1 Article 3" The State protects economic property rights and legitimate interests of various ownership systems, guarantees that all forms of ownership economy use production factors equally, participate in market competition in an open and fair manner, and are equally protected by law. Supervise all forms of ownership economy according to law. "1 Article 5 ''Fair participation in competition". 1 Article 7 '' must accelerate the formation of autonomous market, fair competition, free choice of consumers, independent consumption, free flow of goods and elements, and an equal exchange of modern market systems, efforts to eliminate market barriers and improve the efficiency and fairness of resource allocation. "0214" establishes fair, open and transparent market rules. "m Article 9" strengthens the standardized management of tax incentives, especially regional tax incentives, in accordance with the principles of a unified tax system, fair tax burden, and promotion of fair competition. “Article 18†establishes a rural property rights transfer trading market and promotes the open, fair and standardized operation of rural property rights trading. "1 Article 21" deepens the reform of the judicial system, speeds up the construction of a fair, efficient and authoritative socialist judicial system, safeguards the rights and interests of the people, and allows the people to feel fair and just in every judicial case. "023839" ensures the independent and fair exercise of the procuratorial power of judicial power. "Article 32" improves the cultural market access and exit mechanism, encourages fair competition among all types of market players, and survives the fittest, and promotes the flow of cultural resources across the country. "01 Article 39" achieves more and fairer development results for all people ".0251" to promote education equity ". 1 Article 42" to establish a more equitable and sustainable social security system. "1 Article 45 (3) "Decision" fully reflects the rule of law and the rule of law in the democratic republic to promote the all-round development of man: "01 Article 4 "People are the main body of reform, we must uphold the party's mass line and establish a social participation mechanism Give full play to the enthusiasm, initiative and creativity of the people." 01 Article 60 The concept of the rule of law concerning democracy is concentrated in the eighth part of the book, 'Strengthening the construction of a socialist democratic political system'. The "Decision" pointed out: "To develop socialist democracy, we must ensure that the people are the masters of the country, adhere to and improve the people's congress system, the multi-party cooperation and political consultation system under the leadership of the Communist Party of China, the system of regional ethnic autonomy, and the autonomy of the grassroots. The system pays more attention to improving the democratic system and enriching the democratic form, expanding the orderly political participation of citizens from all levels and fields, and giving full play to the superiority of China's socialist political system." 02 Persist in and develop democratic centralism to "fully promote intra-party democracy", "To improve the scientific and democratic decision-making mechanism", 1 Article 58 ''Strengthen the NPC Standing Committee's contact with the deputies of the National People's Congress and give full play to the role of the representative. We will closely represent the people through the establishment of a sound representative liaison organization and network platform. "01 Article 27 focuses on grassroots democracy construction, stresses ''development of grassroots democracy. Smooth channels for democracy, and improve mechanisms for grassroots elections, deliberation, openness, debriefing, accountability, etc.. Conduct various forms of grassroots democratic consultations and promote the institutionalization of grassroots consultations. Establish and improve the supervision mechanism for residents and villagers, and promote the self-management, self-service, self-education and self-monitoring of the masses in urban and rural community governance, grassroots public affairs and public welfare undertakings. Improve the democratic management system of enterprises and institutions based on the workers' congress Strengthen the democratic organization of social organizations and guarantee the democratic rights of employees to participate in management and supervision." Article 29 The concept and reform measures of deliberative democracy fully reflect the republican spirit of the "national soul of the People's Republic of China" (" Re-legal system and social development (public) have two meanings. One refers to the polity, that is, the polity corresponding to the monarchy. Where the government and its heads are elected regularly, the government functions are statutory, and the government power is limited. This kind of government is a republican government; the second is to emphasize political equality and democratic participation. The political model of public governance. The essence of this political model is political negotiation and political harmony. It is a mechanism to ensure that different groups, classes, and groups equally express their interests and policy opinions, and properly coordinate various interests. Under the conditions of the people, different and even opposing interests, policy opinions, and value standards are normal and not terrible. The terrible thing is that there is no republican mechanism to ensure that everyone negotiates on the basis of equal and free expression of demands and opinions. Form a consensus.
The society is full of vitality and harmony and orderly. 10 Article 2 can be said to be the return of the spirit of republic. Among them, the thoughts and reform measures concerning state governance, social governance, public governance, mass autonomy, etc., are the development of the spirit of reconciliation.
The problem and the practical issues involving the vital interests of the masses are content, extensive consultations throughout the society, and adherence to consultations before and during decision-making. We will build a consultative and democratic system with reasonable procedures and complete links, and broaden the channels of consultation between state power organs, CPPCC organizations, party organizations, grassroots organizations, and social organizations. In-depth legislative consultation, administrative consultation, democratic consultation, political participation and consultation, and social consultation. Strengthen the construction of new types of think tanks with Chinese characteristics, and establish and improve a decision-making consultation system. Play an important role in the united front in deliberative democracy. Improve the political consultation between the Communist Party of China and the various democratic parties, and listen carefully to the opinions of the democratic parties and non-party members. The Central Committee of the Communist Party of China proposes plans according to the annual work priorities, and conducts consultations through consultation meetings, talks, and symposia. ... Play the role of the people's political cooperation as an important channel for deliberative democracy. We will focus on promoting political consultation, democratic supervision, institutionalization, standardization, and proceduralization. Party committees at all levels, the government, and the CPPCC formulated and organized the implementation of the annual work plan for consultation, and listened to the CPPCC opinions on some important decisions. Improve the system of the CPPCC, standardize the content of consultations, and negotiate procedures. Expand the form of deliberative democracy, organize more detailed and orderly consultations, counterpart consultations, sectoral consultations, and proposals for consultations, increase the density of consultations, and improve the effectiveness of consultations. Improve the committee liaison system in the liaison office of the CPPCC. "m Article 28 These ideas and reform measures for vigorously developing deliberative democracy reflect the socialist republican spirit of contemporary China.
(4) The "Decision" fully reflects the rule of law and the high authority of the rule of law to safeguard the unity, dignity and authority of the socialist legal system. It is necessary to further improve the constitutional supervision mechanism and procedures, and raise the comprehensive implementation of the Constitution to a new level. Establish and improve the system of loyalty, observance, maintenance and use of constitutional laws in the whole society. Adhere to the equality of the law before the law, no organization or individual can have the privilege of transcending the constitutional law, all violations of the constitutional law must be investigated. In the full text of “Article 30 of the Articleâ€, the word “in accordance with the law†appeared 26 times, including ruling according to law, administration according to law, exercising the procuratorial power of judicial power according to law, governing the country according to law, governing according to law, administering according to law, supervising according to law, and acting according to law. Independent decision-making according to law, activities in accordance with the law, self-government according to law, strict prevention and punishment of various criminal activities in accordance with the law, criminal accountability, etc.; and "against local protection", "prevent local protection and legalization of departmental interests" "guarantee national laws "Unity and correct implementation", etc., these show that from the ruling party, state organs, social organizations to citizens, we must have laws to follow, law enforcement must be strict, and violations of law must be investigated.
The rule of law and the rule of law, which uphold the dignity, unity and authority of the rule of law, are also reflected in the relationship between reform and the rule of law. General Secretary Xi Jinping pointed out at the Third Plenary Session of the 18th Central Committee that many reform initiatives proposed in this plenary session involve the current legal system. Any major reforms must be based on the law. If the law needs to be amended, the law can be amended first, first and then broken, and proceeded in an orderly manner. Some important reform measures that require legal authorization must be carried out in accordance with legal procedures. General Secretary Xi Jinping further emphasized in the investigations in Shandong and other places: To promote the reform in an orderly manner, the central government should not rush to deploy it. The early advancement should not be delayed. The pilot should not be rushed to push forward. Don't rush to seek success, and don't push ahead with legal authorization.
Second, the simultaneous implementation of the legal reform in the comprehensive deepening reform The process of comprehensively deepening the reform is the process of simultaneously implementing the legal reform and comprehensively promoting the rule of law. The reform of the legal system implemented in the comprehensive deepening reform includes two aspects: one is ''self-reform" and the other is 'supporting reforms'. The so-called 'self-reform" can also be called comprehensively advancing the reform of the legal system, accelerating the reform of the rule of law in China, the legal interpretation system, mechanism and methods of the spirit of the Third Plenary Session of the 18th Central Committee. The so-called "supporting reform" is Refers to the reform of the legal system that is compatible with and coordinated with the reforms in order to ensure, guide and standardize the reforms in the economic, social and ecological fields, as well as the establishment, reform and abolition of the law.
Comprehensively deepening reforms will inevitably require "deep reforms" and require the legal system to carry out complementary reforms that are compatible with and coordinated with them. Comprehensively deepening reform involves economic, political, cultural, social, ecological, and party building. The "Decision" uses six "tightly around" to summarize the focus and focus of the reform, and specifically decomposes 60 major reform initiatives, each of which includes relatively specific reform issues. All reform issues are closely related to the reform of the legal system. Almost all of them involve the revision of the current law, the formulation of the absence of laws, and the cleanup and abolition of some obsolete administrative regulations and local laws and regulations. Use the Constitution and laws to guide and regulate reforms, and use the Constitution and laws to confirm and consolidate the fruits of reform.
The reason why the reform, reform, and abolition of the law in comprehensively deepening reforms is regarded as the reform of the legal system is because the reforms currently under way are reforms that have been carried out in the context of China’s development entering a new stage, reforms entering the critical period and deep water areas, especially 'Breaking the barriers of solidification of interests.' The solidified ''interests'' here refers not only to the interests of interest groups, but also to the interests of state organs. In recent years, the benefits of these above-mentioned solidifications have been confirmed by constitutional laws in the form of reform results through certain channels, and legality has been obtained; the beneficiaries of these reforms have become the resistance to the continued advancement of reforms in order to safeguard their vested interests. Even under the pretext of ''reform can't violate the constitution and violate the law', we must oppose the reform. To break through the inconsistent interests, we need to carry out corresponding institutional innovations and breakthroughs. This will inevitably conflict with the existing laws, and we need to establish, reform, and abolish the law. It is necessary to amend the Constitution in a timely manner. In this sense, it can be said that “deepening reform†is the reform of the nature of legal reform, which is determined by the planning and deployment of the “Decision.†Taking the economic system reform as an example, the “Decision†states: “Economic system reform It is the key to comprehensively deepening reforms. The core issue is to handle the relationship between the government and the market, so that the market plays a decisive role in resource allocation and better plays the role of the government. The market decides that resource allocation is the general law of the market economy. To improve the socialist market economic system must follow this law and focus on solving the problem of imperfect market system, excessive government intervention and inadequate supervision. "1 Article 3 from the 'basic role' of the market to the 'decisive role' is undoubtedly the most challenging revolution. From the ''national management system'' to the historicity of governance, social democracy, public governance change. On the premise of giving play to the decisive role of the market, the "Decision" will accelerate the transformation of government functions, "deepening the reform of the fiscal and taxation system" and "improving the integration of urban and rural development system and mechanism" in the "Decision and improvement of the basic economic system" and "accelerating the improvement of the modern market economy". The new economic system has proposed 22 major reform initiatives, and each of the legislation required for economic reform is a profound legal reform. For example, the "Decision" pointed out: "The modern property rights system with clear ownership, clear rights and responsibilities, strict protection, and smooth circulation. The public property rights are inviolable, and the non-public economic property rights are equally inviolable"; thus violating the Labor Law and Labor The matter of the Contract Law actually happened in the law enforcement department in charge of this business, which is a great embarrassment and sorrow of the law.
Strict law enforcement has become an exception and has become a beautiful talk. Mao Li, a traffic policeman from Wuyuan County, Shanxi Province, refused to open a "green light" for the "privileged car". It is called the unspoken rule of becoming a traffic police. People have become accustomed to the power of being greater than the law. They are used to being law-abiding, law enforcement is not strict, and illegal law is not investigated. Strict enforcement will be commendable.
In view of this situation, while continuing to improve and develop the socialist legal system with Chinese characteristics, we must pay more attention to the implementation of constitutional laws, ensure that laws are enforced, that law enforcement must be strict, that violations of laws must be investigated, and that speeding up formation does not dare to violate the law and cannot violate the law. A good rule of law culture environment that is unwilling to violate the law. To this end, the "Decision" emphasizes "maintaining the constitutional legal authority. ... It is necessary to further improve the constitutional supervision mechanism and procedures, and comprehensively implement the constitution to a new level. Establish and improve the system of loyalty, observance, maintenance and use of constitutional laws. Adhere to the equality of the law before the law, no organization or individual can have the privilege of transcending the constitutional law, and violations of the constitutional law must be investigated." Article 30
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