Speech at the Capital Conference Commemorating the 30th Anniversary of the Promulgation and Entry Into Force of the Current Constitution

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Xi Jinping

Comrades, friends:

On 4 December 1982, the 5th Meeting of the 5th National People’s Congress passed the “Constitution of the People’s Republic of China”. Already thirty years have passed since our country’s current constitution was promulgated and came into force. Today, we have ceremoniously gathered to commemorate this event, which has a major historical significance and real significance, which is the guarantee of the complete and effective implementation of the Constitution, and the promotion of the complete implementation of the spirit of the 18th Party Congress.

History can always bring profound enlightenment to people. Looking back at the development process of our country’s constitutional system, we feel ever more that our country’s Constitution is closely connected with the arduous struggle conducted by the Party and the people, and the glorious achievements that they have accomplished, and it is closely connected with the path forward opened up by the Party and the people, and the precious experiences that they have accumulated.

Our country’s current Constitution can be traced back to the “Common Programme of the Chinese People’s Political Consultative Conference” that played the role of a provisional constitution, and the “Constitution of the People’s Republic of China” that was passed in 1954 at the first meeting of the first People’s Congress. These documents both have the form of the basic law of the country, they affirmed the heroic struggle of more than a century of modernity by the Chinese people against domestic and foreign enemies and for the independence of the nation and the freedom and happiness of the people, and affirmed the historical change of the Chinese Communist Party leading the people to seize victory in the New Democratic revolution, in which the Chinese people grasped State power.

In 1978, our Party convened the 3rd Plenum of the 11th Party Congress, which had a major historical significance, it heralded a new historical period of reform and opening up, and the development of Socialist democracy and the completion of a Socialist legal system became an unswerving basic policy of the Party and the country. It was at this meeting that Comrade Deng Xiaoping profoundly pointed out that: “In order to guarantee the people’s democracy, we must strengthen the legal system. We must ensure that democracy becomes institutionalized and legalized, and ensure that these institutions and laws do not change because leaders change, or that they do not change because the viewpoints and attention of leaders change”. On the basis of the line, principles and policies determined at the 3rd Plenum of the 11th Party Congress, summarizing both positive and negative experiences in our country’s Socialist construction, drawing profound and bitter lessons from the decade of the “Cultural Revolution”, learning from the successes and failures of global Socialism, adapting to the demands of our country’s reform, opening up and Socialist modernization construction, as well as strengthening the construction of a Socialist democratic legal system, we have formulated our country’s current Constitution. At the same time, the constitution can only have lasting vitality if it is incessantly adapted to new circumstances, takes in new experiences and recognizes new results. In 1988, 1993, 1999 and 2004, the NPC respectively made necessary and extremely important revisions to individual articles and a part of the content of our country’s Constitution, ensuring that our country’s Constitution, on the basis of maintaining stability and authority, follows in the footsteps of the progress of the age, and incessantly moves ahead with the times.

Our country’s Constitution takes the form of the basic law of the country, which established the development achievements of the path of Socialism with Chinese characteristics, the theoretical structure of Socialism with Chinese characteristics and the system of Socialism with Chinese characteristics, and reflected the common will and fundamental interest of the people of all ethnicities in our country, it became the highest reflection in the national legal system of the central work, basic principles, major guidelines and important policies of the Party and the country in a new historical period.

In thirty years, our country’s Constitution, its supreme position in the legal system and its strong legal force have powerfully guaranteed that the people are the masters of their own affairs, have powerfully stimulated reform, opening up and Socialist modernization construction, have powerfully promoted the process of Socialist rule of law, have powerfully stimulated the development of the cause of human rights, and have powerfully safeguarded national unity, ethnic unity and social stability, they have had an extremely profound influence on our country’s political, economic, cultural and social life.

The process of development of thirty years fully demonstrates that our country’s Constitution is a good constitution that conforms to our national conditions, conforms to reality and conforms to the development demands of the times, it is a good constitution that fully reflects the people’s common will, fully guarantee’s the people’s democratic rights, and fully safeguards the people’s fundamental interests, it is a good constitution that promotes the process of national development, guarantees the people’s creation of happy lives, and guarantees that the Chinese nation will realize its great rejuvenation, and it is the fundamental legal system guarantee for our country and people to undergo all sorts of difficulties, dangers and trials, and advance along the path of Socialism with Chinese characteristics from beginning to end.

When we go further back, and trace back the development process of our country’s constitutional system in the sixty years since the establishment of the New China, we can clearly see that the Constitution, the prospects of the country and the fate of the people are closely connected. Safeguarding the authority of the Constitution means safeguarding the authority of the common will of the Party and the people. Defending the dignity of the Constitution means defending the dignity of the common will of the Party and the people. Guaranteeing the implementation of the Constitution means guaranteeing the realization of the fundamental interests of the people. As long as we realistically respect and effectively implement the Constitution, will it be guaranteed that the people are masters of their own affairs, and will it be possible for the cause of the Party and the country to develop smoothly. Conversely, if the Constitution is ignored, weakened or even destroyed, it is impossible to guarantee the people’s rights and liberties, and the cause of the Party and the country will meet with setbacks. These precious enlightenments have been obtained through a long time of practice, and must be doubly cherished. We must even more consciously abide by the principles of the Constitution, carry forward the spirit of the Constitution, and implement the mission of the Constitution.

At the same time as fully affirming achievements, we must also look at shortcomings that exist, and which mainly manifest themselves as: the fact that supervisory mechanisms and concrete structures for supervising the implementation of the constitution are not yet complete, that the problems that there are laws that are not followed, law enforcement is not strict and law-breaking is not prosecuted still exist in a number of localities and departments; problems in law enforcement and the judiciary that relate to interests directly affecting the popular masses are still quite prominent; a number of civil servants abuse their power and position, neglect their duty or engage in malpractice, break the law in law enforcement and even bend the law for relatives and friends, gravely harming the authority of the State legal system; the constitutional consciousness of citizens, including a number of leading cadres, remains to be further raised. We must give these problems high importance, and realistically resolve them.

Comrades, friends!

The 18th Party Congress stressed that ruling the country according to the law is the basic strategy of the Party’s leading the people in governing the country, the rule of law is the basic method to rule the country according to the law, and more attention must be paid to giving full rein to the important role of the rule of law in governing the country and managing society, completely move ruling the country according to the law forward and accelerate the construction of a Socialist rule of law country. To realize this objective, we must completely implement the Constitution.

Completely implementing the Constitution is the first task and basic work in building a Socialist rule of law country. The Constitution is the basic law of the country, it is the general charter to administer state affairs and ensure national security, it has the highest legal position, legal authority and legal effect, it has a fundamental nature, comprehensive nature, stable nature and long-term nature. The people of all ethnicities in the entire country, all State organs and armed forces, all political parties and social organizations, all enterprise and undertaking work units, must take the Constitution as the fundamental norm for action, and bear responsibility for safeguarding the dignity of the constitution and guaranteeing the implementation of the constitution. No organization or individual may have privileges that exceed the Constitution of the law. All acts violating the Constitution and the law must be punished.

The life of the Constitution lies in its interpretation, the authority of the Constitution also lies in its interpretation. We must unwaveringly persist in grasping the work to implement the Constitution, and raise the complete implementation of the Constitution to a new level.

First, persist in the correct political orientation, unwaveringly persist in marching the political development path of Socialism with Chinese characteristics. Since reform and opening up, our Party has made great progress in uniting and leading the people to develop Socialist democratic politics, it successfully opened up and persisted in the political development path of Socialism with Chinese characteristics, and determined the correct orientation for realizing the broadest popular democracy. The core ideology of this political development path, its central content and basic requirements have all been affirmed and reflected in the Constitution, their spiritual essences are closely connected, mutually linked and mutually stimulating. The basic systems and basic tasks of the country, the leading core and guiding ideology of the country, the national system of the people’s democratic dictatorship in which the working class leads and which is based on the alliance between workers and peasants, the political structure of the People’s Congress system, the multi-party cooperation and political consultative conference system under the leadership of the Chinese Communist Party, the ethnic autonomous region system as well as the grass roots mass autonomy system, the patriotic united front, the principles of the Socialist legal system, the principles of the democratic centralism system, the principles of respecting and guaranteeing human rights, etc., these systems and principles determined in the constitution are matters that we must persist in for the long-term, completely implement and incessantly develop.

The key to persist in the political development path of Socialism with Chinese characteristics is persisting in the organic unity of the leadership of the Party, the people mastering their own affairs and ruling the country according to the law, making guaranteeing the fact that the people master their own affairs into the basis, making strengthening the vitality of the Party and the country and mustering the vigour of the people into the objective, broadening Socialist democracy, and developing a Socialist political civilization. We must persist in the constitutional concept that all State power belongs to the people, mobilize and organize the people to the broadest extent,  to exercise State power through People’s Congresses at all levels,  to manage State and social affairs and manage economic and cultural matters through various channels and forms, construct together, enjoy together and develop together, and become the masters of the country, the society and their own fate. We must, according to the principle of democratic centralism and the principle of State power structures and activities determined in the Constitution, ensure that People’s Congresses uniformly exercise State power, ensure that policymaking power, implementation power and supervision power are both subject to rational division of work and are mutually coordinated, guarantee that State organs exercise their powers and carry out their duties according to their statutory competences and procedures, and guarantee that State organs uniformly and effectively organize undertakings in all areas. We must, on the basis of the structures and principles determined in the Constitution, correctly handle the relationship between the Centre and the localities, correctly handle the relationship between the ethnicities, correctly handle the relationships between interests on various sides, mobilize all positive factors, consolidate and develop a political picture of democratic unity, vigour and dynamism, stability and harmony. We must adapt to the new demands of broadening the people’s democracy and stimulating economic and social development, vigorously and reliably move political structural reform forward, develop an even broader, fuller and more complete people’s democracy, fully give rein to the superiority of out country’s Socialist political system, and incessantly move the self-perfection and development of Socialist political institutions forward.

Second, implement the basic strategy of ruling the country according to the law, and accelerate the construction of a Socialist rule of law country. The Constitution has determined the basic principles of the Socialist legal system, and has clearly provided that the People’s Republic of China implements ruling the country according to the law, that a Socialist rule of law country is to be built, and that the State safeguards the unity and dignity of the Socialist legal system. To implement the basic strategy of ruling the country according to the law and accelerate the construction of a Socialist rule of law country, we must comprehensively move the process of scientific legislation, strict law enforcement, fair administration of justice and the entire population abiding by the law forward.

We must make the Constitution into the highest legal norm, continue to perfect the legal system of Socialism with Chinese characteristics with the Constitution in command, bring all State affairs and all areas of work onto the tracks of the legal system, realize that there are laws to rely on, that laws must be relied on where they exist, that law enforcement must be strict and law-breaking must be prosecuted, safeguard social fairness and justice, realize the institutionalization and legalization of State and social life. The NPC and its Standing Committee must strengthen legislation in focus areas, expand channels for the people’s orderly participation in legislation, promote the implementation of the Constitution through perfect laws, and guarantee that the institutions and principles determined in the Constitution are implemented. The State Council, local People’s Congress with legislative powers and their Standing Committees must grasp the formulation and revision of administrative regulations and local regulations that supplement laws, guaranteeing that the Constitution and the laws are effectively implemented. All levels’ administrative State organs, judicial organs and prosecutorial organs must persist in administration according to the law and judicial fairness, accelerate moving the construction of rule of law government forward, and incessantly raise judicial credibility. The State Council and all local levels’ People’s Governments are the executive organs of organs of State power, as administrative State organs, they bear an important responsibility in strictly implementing the Constitution and the laws, government acts must be standardized, realistically ensuring strict standards, and fair and civilized law enforcement. We must deepen judicial structural reform, guarantee the fair and independent exercise of judicial power and prosecutorial power according to the law. The NPC, its Standing Committee and relevant State supervision organs must take responsibility for constitutional and legal supervision, strengthen supervision over and inspection of the implementation of the Constitution and the law, complete supervision mechanisms and procedures, and persist in rectifying acts violating the Constitution and the law. All local levels’ People’s Congresses and their Standing Committees must exercise their powers according to the law, and guarantee that the  Constitution and the laws are respected and implemented in their administrative areas.

Third, persist in the dominant position of the people, realistically guarantee that the people enjoy rights and carry out their obligations. The basic rights and obligations of the people are the core content of the Constitution, the Constitution is the fundamental guarantee for every citizen to enjoy rights and carry out obligations. The basis of the Constitution lies in the people endorsing it from within their hearts, the majesty of the Constitution lies in the people’s sincere belief. Only by guaranteeing that citizens are equal before the law without exception, respecting and guaranteeing human rights, and guaranteeing that the people enjoy broad rights and liberties according to the law, is it possible for the Constitution to deeply enter people’s hearts and walk into the popular masses, and is it possible for implementing the Constitution to truly become a conscious act of the whole body of the people.

We must guarantee that the whole body of citizens enjoys broad rights according to the law, guarantee that citizens’ personal rights, property rights, basic political rights and all other rights are not infringed, guarantee that citizens’ economic social and other rights are implemented, strive to safeguard the fundamental interest of the broadest people, and guarantee the people’s aspiration and pursuit of beautiful lives. We must treat the popular masses’ appeals fairly and according to the law, and strive to let the popular masses feel fairness and justice in every judicial case, we can absolutely not let unfair judgments harm the feelings of the popular masses and damage the rights and interest of the popular masses. We must strengthen propaganda and education about the Constitution in the entire society, raise the constitutional consciousness and ideas about the legal consciousness of the whole body of the people and especially leading cadres at all levels and State organs’ work personnel, carry forward the spirit of Socialist rule of law, strive to foster a Socialist rule of law culture, let the Constitution be known to every household, and shape a good atmosphere to study the law, respect the law and abide by the law in the entire society. We must, through unwavering efforts, establish the authority of the Constitution and the laws n the entire society, let the broad popular masses fully believe in the law and consciously use the law, ensure that the broad popular masses understand that the Constitution is not only a norm for action that the whole body of citizens must respect, but is also a legal arm to guarantee citizens’ rights. We must make education about the Constitution into an important content of Party member and cadre education, ensure that all levels’ leading cadres and State organs’ work personnel grasp a basic understanding of the Constitution, and establish a conscious mentality of loyalty to the Constitution, respect for the Constitution and upholding the constitution. The law is written morality, morality is the law in our hearts. We must persist in integrating ruling the country according to the law with ruling the country according to morality, give high regard to the normative role of morality in people’s activities, guide citizens to both safeguard their lawful rights and interests according to the law, and consciously carry out their statutory obligations, ensuring consistency between enjoying rights and carrying out obligations.

Fourth, persist in the leadership of the Party, pay even more attention to improving the Party’s leadership methods and governance methods. To rule the country according to the law, we must first and foremost rule the country according to the Constitution; to govern according to the law, governing according to the Constitution is crucial. Under new circumstances, our Party must carry out its major duties of governance and rejuvenating the country well, the Party must be strictly governed according to the Party Constitution, and the country must be ruled according to the Constitution. The Party led the people in formulating the Constitution and the laws, the Party leads the people in implementing the Constitution and the laws, the Party must itself act within the scope of the Constitution and the law, truly achieving that the Party leads legislation, guarantees law enforcement, and takes the lead in abiding by the law.

We must persist in the core leading role of the Party, which assumes responsibility for the entire picture and coordinates al aspects, persist in the basic strategy of governing the country according to the law and the basic method of holding power according to the law, be good at ensuring that the Party’s standpoints become the will of the nation through legal procedures, be good at ensuring that the candidates recommended by Party organizations become leading persons in organs of State power, be good at implementing Party leadership over the country and society through the organs of State power, persist in the fact that organs of State power, administrative organs, judicial organs and prosecutorial organs bear independent responsibility according to the Constitution and the law, and launch their work in a coordinated and consistent manner. All levels’ Party organizations and leading Party cadres must take the lead in rigorously enforcing the rule of law, incessantly raise their ability for and level of administration according to the law, and incessantly enhance the institutionalization and legalization of all sorts of activities of administration and governance. All levels’ leading cadres must raise their ability to use rule of law thinking and rule of law methods to deepen reform, promote development, dissolve contradictions and maintain stability, strive to promote the formation of a good rule of law environment in which affairs are handled according to the law, the law is sought when problems are encountered, the law is used to resolve problems, and the law is relied upon in resolving contradictions, and promote all areas of work to proceed along the tracks of rule of law. We must complete systems to restrain and supervise the use of power, those having power must have responsibility, the use of power must be supervised, neglect of duty must lead to accountability, and violations of the law must be prosecuted, guaranteeing that the power endowed by the people is used for the interest of the people throughout.

Comrades, friends!

The people of all ethnicities in the entire Party and the entire country must closely unite around the Party Centre, hold high the magnificent banner of Socialism with Chinese characteristics, persist in taking Deng Xiaoping Theory, the important “Three Represents” thought and the scientific development view as guidance, persist in jointly moving ahead with governing the country according to the law, holding power according to the law and running the administration according to the law, persist in the integrated construction of a rule of law country, rule of law government and rule of law society, firmly implement the spirit of the 18th Party Congress in all areas of work, and struggle valiantly for the comprehensive construction of a moderately prosperous society and the beginning of a new dimension for the undertaking of Socialism with Chinese characteristics!

习近平:在首都各界纪念现行宪法公布施行30周年大会上的讲话
同志们,朋友们:

1982年12月4日,五届全国人大五次会议通过了《中华人民共和国宪法》。我国现行宪法公布施行至今已经30年了。今天,我们在这里隆重集会,纪念这一具有重大历史意义和现实意义的事件,就是要保证宪法全面有效实施、推动全面贯彻党的十八大精神。

历史总能给人以深刻启示。回顾我国宪法制度发展历程,我们愈加感到,我国宪法同党和人民进行的艰苦奋斗和创造的辉煌成就紧密相连,同党和人民开辟的前进道路和积累的宝贵经验紧密相连。

我国现行宪法可以追溯到1949年具有临时宪法作用的《中国人民政治协商会议共同纲领》和1954年一届全国人大一次会议通过的《中华人民共和国宪法》。这些文献都以国家根本法的形式,确认了近代100多年来中国人民为反对内外敌人、争取民族独立和人民自由幸福进行的英勇斗争,确认了中国共产党领导中国人民夺取新民主主义革命胜利、中国人民掌握国家权力的历史变革。

1978年,我们党召开具有重大历史意义的十一届三中全会,开启了改革开放历史新时期,发展社会主义民主、健全社会主义法制成为党和国家坚定不移的基本方针。就是在这次会议上,邓小平同志深刻指出:“为了保障人民民主,必须加强法制。必须使民主制度化、法律化,使这种制度和法律不因领导人的改变而改变,不因领导人的看法和注意力的改变而改变。”根据党的十一届三中全会确立的路线方针政策,总结我国社会主义建设正反两方面经验,深刻吸取十年“文化大革命”的沉痛教训,借鉴世界社会主义成败得失,适应我国改革开放和社会主义现代化建设、加强社会主义民主法制建设的新要求,我们制定了我国现行宪法。同时,宪法只有不断适应新形势、吸纳新经验、确认新成果,才能具有持久生命力。1988年、1993年、1999年、2004年,全国人大分别对我国宪法个别条款和部分内容作出必要的、也是十分重要的修正,使我国宪法在保持稳定性和权威性的基础上紧跟时代前进步伐,不断与时俱进。

我国宪法以国家根本法的形式,确立了中国特色社会主义道路、中国特色社会主义理论体系、中国特色社会主义制度的发展成果,反映了我国各族人民的共同意志和根本利益,成为历史新时期党和国家的中心工作、基本原则、重大方针、重要政策在国家法制上的最高体现。

30年来,我国宪法以其至上的法制地位和强大的法制力量,有力保障了人民当家作主,有力促进了改革开放和社会主义现代化建设,有力推动了社会主义法治国家进程,有力促进了人权事业发展,有力维护了国家统一、民族团结、社会稳定,对我国政治、经济、文化、社会生活产生了极为深刻的影响。

30年来的发展历程充分证明,我国宪法是符合国情、符合实际、符合时代发展要求的好宪法,是充分体现人民共同意志、充分保障人民民主权利、充分维护人民根本利益的好宪法,是推动国家发展进步、保证人民创造幸福生活、保障中华民族实现伟大复兴的好宪法,是我们国家和人民经受住各种困难和风险考验、始终沿着中国特色社会主义道路前进的根本法制保证。

再往前追溯至新中国成立以来60多年我国宪法制度的发展历程,我们可以清楚地看到,宪法与国家前途、人民命运息息相关。维护宪法权威,就是维护党和人民共同意志的权威。捍卫宪法尊严,就是捍卫党和人民共同意志的尊严。保证宪法实施,就是保证人民根本利益的实现。只要我们切实尊重和有效实施宪法,人民当家作主就有保证,党和国家事业就能顺利发展。反之,如果宪法受到漠视、削弱甚至破坏,人民权利和自由就无法保证,党和国家事业就会遭受挫折。这些从长期实践中得出的宝贵启示,必须倍加珍惜。我们要更加自觉地恪守宪法原则、弘扬宪法精神、履行宪法使命。

在充分肯定成绩的同时,我们也要看到存在的不足,主要表现在:保证宪法实施的监督机制和具体制度还不健全,有法不依、执法不严、违法不究现象在一些地方和部门依然存在;关系人民群众切身利益的执法司法问题还比较突出;一些公职人员滥用职权、失职渎职、执法犯法甚至徇私枉法严重损害国家法制权威;公民包括一些领导干部的宪法意识还有待进一步提高。对这些问题,我们必须高度重视,切实加以解决。

同志们、朋友们!

党的十八大强调,依法治国是党领导人民治理国家的基本方略,法治是治国理政的基本方式,要更加注重发挥法治在国家治理和社会管理中的重要作用,全面推进依法治国,加快建设社会主义法治国家。实现这个目标要求,必须全面贯彻实施宪法。

全面贯彻实施宪法,是建设社会主义法治国家的首要任务和基础性工作。宪法是国家的根本法,是治国安邦的总章程,具有最高的法律地位、法律权威、法律效力,具有根本性、全局性、稳定性、长期性。全国各族人民、一切国家机关和武装力量、各政党和各社会团体、各企业事业组织,都必须以宪法为根本的活动准则,并且负有维护宪法尊严、保证宪法实施的职责。任何组织或者个人,都不得有超越宪法和法律的特权。一切违反宪法和法律的行为,都必须予以追究。

宪法的生命在于实施,宪法的权威也在于实施。我们要坚持不懈抓好宪法实施工作,把全面贯彻实施宪法提高到一个新水平。

第一,坚持正确政治方向,坚定不移走中国特色社会主义政治发展道路。改革开放以来,我们党团结带领人民在发展社会主义民主政治方面取得了重大进展,成功开辟和坚持了中国特色社会主义政治发展道路,为实现最广泛的人民民主确立了正确方向。这一政治发展道路的核心思想、主体内容、基本要求,都在宪法中得到了确认和体现,其精神实质是紧密联系、相互贯通、相互促进的。国家的根本制度和根本任务,国家的领导核心和指导思想,工人阶级领导的、以工农联盟为基础的人民民主专政的国体,人民代表大会制度的政体,中国共产党领导的多党合作和政治协商制度、民族区域自治制度以及基层群众自治制度,爱国统一战线,社会主义法制原则,民主集中制原则,尊重和保障人权原则,等等,这些宪法确立的制度和原则,我们必须长期坚持、全面贯彻、不断发展。

坚持中国特色社会主义政治发展道路,关键是要坚持党的领导、人民当家作主、依法治国有机统一,以保证人民当家作主为根本,以增强党和国家活力、调动人民积极性为目标,扩大社会主义民主,发展社会主义政治文明。我们要坚持国家一切权力属于人民的宪法理念,最广泛地动员和组织人民依照宪法和法律规定,通过各级人民代表大会行使国家权力,通过各种途径和形式管理国家和社会事务、管理经济和文化事业,共同建设,共同享有,共同发展,成为国家、社会和自己命运的主人。我们要按照宪法确立的民主集中制原则、国家政权体制和活动准则,实行人民代表大会统一行使国家权力,实行决策权、执行权、监督权既有合理分工又有相互协调,保证国家机关依照法定权限和程序行使职权、履行职责,保证国家机关统一有效组织各项事业。我们要根据宪法确立的体制和原则,正确处理中央和地方关系,正确处理民族关系,正确处理各方面利益关系,调动一切积极因素,巩固和发展民主团结、生动活泼、安定和谐的政治局面。我们要适应扩大人民民主、促进经济社会发展的新要求,积极稳妥推进政治体制改革,发展更加广泛、更加充分、更加健全的人民民主,充分发挥我国社会主义政治制度优越性,不断推进社会主义政治制度自我完善和发展。

第二,落实依法治国基本方略,加快建设社会主义法治国家。宪法确立了社会主义法制的基本原则,明确规定中华人民共和国实行依法治国,建设社会主义法治国家,国家维护社会主义法制的统一和尊严。落实依法治国基本方略,加快建设社会主义法治国家,必须全面推进科学立法、严格执法、公正司法、全民守法进程。

我们要以宪法为最高法律规范,继续完善以宪法为统帅的中国特色社会主义法律体系,把国家各项事业和各项工作纳入法制轨道,实行有法可依、有法必依、执法必严、违法必究,维护社会公平正义,实现国家和社会生活制度化、法制化。全国人大及其常委会要加强重点领域立法,拓展人民有序参与立法途径,通过完备的法律推动宪法实施,保证宪法确立的制度和原则得到落实。国务院和有立法权的地方人大及其常委会要抓紧制定和修改与法律相配套的行政法规和地方性法规,保证宪法和法律得到有效实施。各级国家行政机关、审判机关、检察机关要坚持依法行政、公正司法,加快推进法治政府建设,不断提高司法公信力。国务院和地方各级人民政府作为国家权力机关的执行机关,作为国家行政机关,负有严格贯彻实施宪法和法律的重要职责,要规范政府行为,切实做到严格规范公正文明执法。我们要深化司法体制改革,保证依法独立公正行使审判权、检察权。全国人大及其常委会和国家有关监督机关要担负起宪法和法律监督职责,加强对宪法和法律实施情况的监督检查,健全监督机制和程序,坚决纠正违宪违法行为。地方各级人大及其常委会要依法行使职权,保证宪法和法律在本行政区域内得到遵守和执行。

第三,坚持人民主体地位,切实保障公民享有权利和履行义务。公民的基本权利和义务是宪法的核心内容,宪法是每个公民享有权利、履行义务的根本保证。宪法的根基在于人民发自内心的拥护,宪法的伟力在于人民出自真诚的信仰。只有保证公民在法律面前一律平等,尊重和保障人权,保证人民依法享有广泛的权利和自由,宪法才能深入人心,走入人民群众,宪法实施才能真正成为全体人民的自觉行动。

我们要依法保障全体公民享有广泛的权利,保障公民的人身权、财产权、基本政治权利等各项权利不受侵犯,保证公民的经济、文化、社会等各方面权利得到落实,努力维护最广大人民根本利益,保障人民群众对美好生活的向往和追求。我们要依法公正对待人民群众的诉求,努力让人民群众在每一个司法案件中都能感受到公平正义,决不能让不公正的审判伤害人民群众感情、损害人民群众权益。我们要在全社会加强宪法宣传教育,提高全体人民特别是各级领导干部和国家机关工作人员的宪法意识和法制观念,弘扬社会主义法治精神,努力培育社会主义法治文化,让宪法家喻户晓,在全社会形成学法尊法守法用法的良好氛围。我们要通过不懈努力,在全社会牢固树立宪法和法律的权威,让广大人民群众充分相信法律、自觉运用法律,使广大人民群众认识到宪法不仅是全体公民必须遵循的行为规范,而且是保障公民权利的法律武器。我们要把宪法教育作为党员干部教育的重要内容,使各级领导干部和国家机关工作人员掌握宪法的基本知识,树立忠于宪法、遵守宪法、维护宪法的自觉意识。法律是成文的道德,道德是内心的法律。我们要坚持把依法治国和以德治国结合起来,高度重视道德对公民行为的规范作用,引导公民既依法维护合法权益,又自觉履行法定义务,做到享有权利和履行义务相一致。

第四,坚持党的领导,更加注重改进党的领导方式和执政方式。依法治国,首先是依宪治国;依法执政,关键是依宪执政。新形势下,我们党要履行好执政兴国的重大职责,必须依据党章从严治党、依据宪法治国理政。党领导人民制定宪法和法律,党领导人民执行宪法和法律,党自身必须在宪法和法律范围内活动,真正做到党领导立法、保证执法、带头守法。

我们要坚持党总揽全局、协调各方的领导核心作用,坚持依法治国基本方略和依法执政基本方式,善于使党的主张通过法定程序成为国家意志,善于使党组织推荐的人选成为国家政权机关的领导人员,善于通过国家政权机关实施党对国家和社会的领导,支持国家权力机关、行政机关、审判机关、检察机关依照宪法和法律独立负责、协调一致地开展工作。各级党组织和党员领导干部要带头厉行法治,不断提高依法执政能力和水平,不断推进各项治国理政活动的制度化、法律化。各级领导干部要提高运用法治思维和法治方式深化改革、推动发展、化解矛盾、维护稳定能力,努力推动形成办事依法、遇事找法、解决问题用法、化解矛盾靠法的良好法治环境,在法治轨道上推动各项工作。我们要健全权力运行制约和监督体系,有权必有责,用权受监督,失职要问责,违法要追究,保证人民赋予的权力始终用来为人民谋利益。

同志们、朋友们!

全党全国各族人民要紧密团结在党中央周围,高举中国特色社会主义伟大旗帜,坚持以邓小平理论、“三个代表”重要思想、科学发展观为指导,坚持依法治国、依法执政、依法行政共同推进,坚持法治国家、法治政府、法治社会一体建设,扎扎实实把党的十八大精神落实到各项工作中去,为全面建成小康社会、开创中国特色社会主义事业新局面而努力奋斗!

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