Official Central Committee Communiqué on 4th Plenum
Translation complete
Communiqué of the 4th Plenary Session of the 18th Central Committee of the Chinese Communist Party
(Passed at the 4th Plenary Session of the 18th Central Committee of the Chinese Communist Party on 23 October 2014)
The 4th Plenary Session of the 18th Central Committee of the Chinese Communist Party was convened in Beijing between 20 and 23 October 2014.
199 Central Committee members and 164 alternate Central Committee members attended this Plenum. The Central Discipline Inspection Committee Standing Committee members and responsible comrades from relevant departments attended the meeting as non-voting delegates, a number of grass-roots comrades from among the representatives at the 18th Party Congress and expert scholars also attended the meeting as non-voting delegates.
The Plenum was chaired by the Politburo. The Central Committee General Secretary Xi Jinping made an important speech.
The Plenum listened to and discussed the Work Report that Xi Jinping presented on behalf of the Politburo, and deliberated and passed the “CCP Central Committee Decision concerning Some Major Questions in Comprehensively Moving Ruling the Country According to the Law Forward”. Xi Jinping provided explanation concerning the “Decision (Discussion Draft) to the Plenum.
The Plenum fully affirmed the work of the Politburo since the 3rd Plenum of the 18th Party Congress. It unanimously believed that since the 3rd Plenum of the 18th Party Congress, the international circumstances have been complex, and domestic reform and development tasks have been extremely burdensome, the Politburo has comprehensively implemented the spirit of the 18th Party Congress and the 1st, 2nd and 3rd Plenums of the 18th Party Congress, held high the magnificent banner of Socialism with Chinese characteristics, taken Deng Xiaoping Theory, the important “Three Represents Thought” and the scientific development view as guidance, deeply implemented the spirit of the series of important speeches by General Secretary Xi Jinping, united and led the entire Party, the entire Army and the people of all ethnicities in the entire country, comprehensively dealt with both the domestic and international general situation, firmly grasped the fundamental basis of seeking progress through stability, maintained the strategic direction, has promoted work in all areas through the comprehensive deepening of reform, has paid attention to the ideological and institutional planning of strategic, general and long-term questions concerning reform, development and stability, internal politics, foreign affairs and national defence, governing the Party, governing the country and governing the Army. The Politburo has adapted to a new normal in economic development, innovated macro-level regulation thinking and methods, vigorously disintegrated difficulties in economic and social development, striven to protect and improve the people’s livelihoods, basically completed the Mass Line Education and Practice Movement, unwaveringly opposed corruption, effectively responded to various kinds of risks and challenges, it has gained new achievements in all areas of work, and a new dimension has been opened up for the development of the Party and the country’s undertakings.
The Plenum highly praised the historical achievements that have been made in the construction of our country’s Socialist rule of law over a long time, and especially since the 3rd Plenum of the 11th Party Congress, it considered major questions on comprehensively moving ruling the country according to the law forward, and held that in order to comprehensively construct a moderately prosperous society and realize the Chinese Dream of the great rejuvenation of the Chinese nation, to comprehensively deepen reform, perfect and develop the Socialist system with Chinese characteristics, and raise the Party’s governing capacity and administration levels, ruling the country according to the law must be comprehensively moved forward.
The Plenum pointed out that in the face of new trends and new tasks, for our Party to even better deal with both domestic and international general situations comprehensively, even better protect and use the important strategic opportunities for our country’s development, even better comprehensively deal with social forces, balance social interests, moderate social relationships and standardize social acts, ensure that our country’s society is both full of vitality and properly ordered during its profound transformation, realize economic development, political tranquillity, cultural glory, social justice, and ecological wellness, realize the strategic objective of our country’s peaceful development, it must even better give rein to the guiding and driving role of the rule of law.
The Plenum stressed that to comprehensively move ruling the country according to the law forward, we must implement the spirit of the 18th Party Congress and the 3rd Plenum of the 18th Party Congress, hold high the magnificent banner of Socialism with Chinese characteristics, take Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the important ‘Three Represents” thought and the scientific development view as guidance, deeply implement the spirit of the series of important speeches of General Secretary Xi Jinping, persist in the organic unity of the leadership of the Party, the people mastering their own affairs and ruling the country according to the law, unwaveringly persist in marching the path of Socialist rule of law with Chinese characteristics, firmly uphold the authority of the Constitution and the law, safeguard the people’s rights and interests according to the law, safeguard social justice and fairness, and safeguard national security and stability, and provide powerful guarantees for the realization of the “Two Centuries” struggle objective and realizing the Chinese Dream of the great rejuvenation of the Chinese nation.
The Plenum pointed out that the objectives of comprehensively moving the rule of law forward, are building a Socialist rule of law system with Chinese characteristics, and shaping a perfect system of legal norms, a highly effective system for the implementation of the rule of law, a strict system for the supervision of the rule of law, and a powerful system of guarantees of rule of law, shaping perfect intra-Party rule systems, persisting in moving forward ruling the country according to the law, governing according to the law and administering according to the law together, persisting in the united construction of a rule of law country, a rule of law government and a rule of law society, realizing scientific legislation, strict law enforcement, judicial fairness and respect for the law among all of the people, and stimulating the modernization of the national governing system and governing capacity. To realize these general objectives, we must persist in the leadership of the Chinese Communist Party, persist in the dominant position of the people, persist in the equality of every person in the eyes of the law, persist in the integration of ruling the country according to the law and ruling the country according to virtue, and persisting in starting from the Chinese reality.
The Plenum stressed that the leadership of the Party is the most essential characteristic of Socialism with Chinese characteristics, and the most fundamental guarantee for Socialist rule of law. Implementing Party leadership in the entire process and all aspects of ruling the country according to the law is a fundamental experience of our country’s Socialist rule of law construction. Our country’s Constitution has established the leading position of the Chinese Communist Party. Persisting in the leadership of the party is a fundamental requirement for Socialist rule of law, it is where the foundation and the lifeline of the Party and the country lie, the interests and happiness of the people of all ethnicities in the entire country are tied to it, and it is a proper element of moving ruling the country according to the law forward. The leadership of the Party and Socialist rule of law are identical, Socialist rule of law must persist in the leadership of the Party, the leadership of the Party must rely on Socialist rule of law. Only if the country is ruled according to the law, and the rule of law is rigorously enforced under the leadership, will it be possible to fully realize that the people are the masters of their own affairs, and will it be possible to orderly move the legalization of the country and social life forward. Governing according to the law requires that the Party governs the country and runs the administration according to the Constitution and the law, it also requires that the Party manages the Party and rules the Party on the basis of intra-Party rules and regulations.
The Plenum made clear the major tasks to comprehensively move ruling the country according to the law forward, which are: perfecting a Socialist legal system with Chinese characteristics with the Constitution at the core, and strengthening the implementation of the Constitution; deeply moving administration according to the law forward and accelerating the construction of a rule of law government; guaranteeing judicial fairness and raising judicial credibility; strengthening the entire people’s sense of the rule of law and moving the construction of a rule of law society forward; strengthening the construction of rule of law work teams; and strengthening and improving Party leadership over comprehensively moving ruling the country according to the law forward.
The Plenum pointed out that the law is an important tool for governing the country, and benevolent laws are a prerequisite for good governance. To construct a Socialist rule of law system with Chinese characteristics, we must persist in giving precedence to legislation, give rein to the guiding and driving role of legislation, and grasp the crux of raising legislative quality. We must scrupulously abide by the ideas of putting people first and legislating for the sake of the people, implement the Socialist core value system, ensure that every piece of legislation conforms to the spirit of the Constitution, reflects the will of the people and wins the endorsement of the people. We must let the principles of fairness, justice and openness penetrate into the entire process of legislation, perfect legislative structures and mechanisms, persist in simultaneously engaging in legislation, reform, abolition and interpretation, strengthen the timeliness, systemic nature, focus and effectiveness of laws and regulations. To persist in ruling the country according to the law, we must first of all persist in ruling the country according to the Constitution, to persist in governing according to the law, we must first persist in governing according to the Constitution. Complete constitutional implementation and supervision systems, perfect constitutional supervision structures of the National People’s Congress and its Standing Committee, and complete procedures and mechanisms for the interpretation of the Constitution. Perfect legislative systems, strengthen Party leadership over legislative work, perfect processes for Party policy-making concerning major questions in legislative work, complete legislative work structures and mechanisms with People’s Congresses that have legislative powers in the lead, endow cities divided into districts with local legislative powers according to the law. Deeply move scientific legislation and democratic legislation forward, perfect systems to collect and elucidate legislative projects, complete legislative channels and mechanisms with legislative bodies in the lead, and orderly participation from all walks of society, and broaden legislative channels with orderly participation by citizens. Strengthen legislation in focus areas, accelerate the perfection of legal structures reflecting fair rights, fair opportunities and fair rules, guarantee that citizens’ personal rights, property rights, basic political rights and all other rights are not infringed, guarantee that citizens’ economic, cultural, social and all other rights are implemented. Realize a linkage between legislation and reform policy making, ensure that major reforms have a legal basis, and that legislation actively is adapted to the needs of reform and economic and social development.
The Plenum pointed out that the life force of the law lies in its implementation, and the authority of the law lies in its implementation. All levels’ governments must persist in carrying out their work under the leadership of the Party, along the tracks of rule of law, and accelerate the construction of a rule of law government with scientific duties, statutory powers, strict law enforcement, which is open and fair, clean and effective, law-abiding and honest. Comprehensively carry out the functions of government according to the law, move the legalization of bodies, duties, powers, procedures and responsibilities forward, implement a system of listed government powers. Complete mechanisms for policy making according to the law, determine citizen participation, expert argumentation, risk assessment, legality review and collective discussion as major statutory procedures for major administrative policy making, establish legality review mechanisms for major policy decisions within administrative bodies, establish life-long responsibility investigation systems and responsibility tracing mechanisms for major policy decisions. Deepen reform of the administrative law enforcement system, complete linkage mechanisms between administrative law enforcement and the criminal judiciary. Persist in strict, standard, fair and civilized law enforcement, punish all kinds of unlawful activities according to the law, expand law enforcement strength in focus areas that relate to the masses’ direct interests, establish and complete standard criterion systems for discretionary administrative powers, completely implement administrative law enforcement responsibility systems. Strengthen restraint of and supervision over administrative powers, perfect mechanisms for the rectification of mistakes and for accountability. Comprehensively move government affairs openness forward, persist in the principle that openness is normal, and non-openness the exception, move open policy making, open implementation, open management, open service and open results forward.
The Plenum pointed out that fairness is the lifeline of the rule of law. Judicial fairness has a guiding role for social justice, and judicial unfairness has a mortally destructive impact on social justice. We must perfect judicial management systems and mechanism for the application of judicial powers, standardize judicial activities, strengthen supervision over judicial acts, strive to let the popular masses feel justice in every court case. Perfect systems to guarantee the exercise of judicial and prosecutorial powers according to the law, establish recording, reporting and responsibility investigation systems for leading cadres’ interference with judicial activities and involving themselves with the handling of concrete cases, establish and complete protection mechanisms for judicial personnel carrying out their statutory duties. Optimize the allocation of judicial powers, promote the implementation of structural reform trials where judicial powers and enforcement powers are separated, the Supreme People’s Court will establish circuit courts, the establishment of People’s Courts and People’s Procuratorates operating across administrative areas will be explored, and the establishment of pro bono litigation systems raised by prosecutorial bodies will be explored. Move judicial strictness forward, persist in taking facts as the basis and taking the law as the criterion, move forward reform of litigation systems with trials at the centre, implement a life-long responsibility system for case handling quality and a responsibility tracing system for judicial miscarriages. Guarantee that the popular masses participate in the judiciary, guarantee participation of the popular masses in judicial mediation, judicial hearings, trial-related petitioning and other such judicial activities, perfect the people’s assessor system, and build open, dynamic, transparent and people-oriented sunlight judiciary mechanisms. Strengthen, judicial guarantees for human rights. Strengthen supervision over judicial activities, perfect legal systems for prosecutorial bodies to exercise supervisory powers, strengthen legal supervision over criminal litigation, civil litigation and administrative litigation, perfect the people’s supervisor system, it is absolutely not permitted to bestow favours outside of the law, it is absolutely not permitted to handle cases for guanxi, personal emotions or money.
The authority of the law springs from its endorsement in the people’s hearts, and their sincere belief. The people’s rights and interests must rely on legal guarantees; the authority of the law must rely on the support of the people. We must carry forward the spirit of Socialist rule of law, establish a Socialist rule of law culture, strengthen the vigour and initiative within the entire society to rigorously practice the rule of law, create a social atmosphere in which abiding by the law is glorious and violating the law is disgraceful, and ensure that the whole body of the people become faithful worshippers, conscious observers and firm defenders of Socialist rule of law. Promote the establishment of a rule of law consciousness in the entire society, deeply launch rule of law propaganda and education, and bring rule of law education into the national education system and the content of the spiritual civilization construction. Move forward with governance according to the law at multiple levels and in multiple areas, persist in systematic governance, governance according to the law, integrated governance and leading governance, deepen governance according to the law in grass roots organizations, departments and sectors, support self-restraint and self-management by all kinds of social subjects, give rein to the positive role of urban resident conventions, villagers’ conventions, sectoral rules, organizational constitutions and other such social norms in social governance. Build perfect legal service systems, move forward with the construction of a public legal service system covering the urban and rural population, perfect legal assistance systems, complete systems for judicial relief. Complete mechanisms for upholding rights and resolving disputes according to the law, build and complete early warning mechanisms for social contradictions, mechanisms to express interests, mechanisms for consultation and communication, mechanisms for relief and aid, unblock legal channels for the coordination of the masses’ interests and protecting their rights. Perfect three-dimensional public order protection systems, guarantee that people’s lives and property are safe.
The Plenum pointed out that, to comprehensively move ruling the country according to the law forward, we must forcefully raise the ideological and political quality, professional work ability and professional ethics levels of rule of law work teams, strive to construct a line of Socialist rule of law work teams who are loyal to the Party, loyal to the country, loyal to the people, and loyal to the law. Build high-quality rule of law specialist teams, put ideological and political construction first, strengthen the construction of legislative teams, administrative law enforcement teams and judicial teams, unblock circulation channels between judicial, law enforcement and judicial departments cadres and talents, and towards cadres and talents meeting conditions in other departments, move the regularization, specialization and professionalization of rule of law specialist teams forward, perfect legal professional access systems, establish mechanism to recruit legislative workers, judges and prosecutors from amongst lawyers and legal experts meeting conditions, complete standardized and convenient mechanisms to recruit talent from among graduates specialized in politics and law, and perfect professional protection systems. Strengthen the construction of legal service teams, strengthen the consciousness and resolve of the broad lawyers to march the path of Socialist rule of law with Chinese characteristics, build lawyer teams where social lawyers, public service lawyers, corporate lawyers, etc., mutually supplement each other, which are rationally structured. Innovate rule of law talent fostering mechanisms, shape perfect Socialist legal theory systems, science systems and teaching systems with Chinese characteristics, promote that Socialist rule of law theory with Chinese characteristics enters textbooks, enters classrooms and enters minds, foster and bring up rule of law talents and reserve forces who are familiar with and persist in Socialist rule of law with Chinese characteristics.
The Plenum stressed that the leadership of the Party is the most fundamental guarantee for moving ruling the country according to the law forward and accelerating the construction of a Socialist rule of law country. We must strengthen and improve Party leadership over rule of law work, and ensure that Party leadership penetrates into the entire process of comprehensively moving ruling the country according to the law forward. To persist in governing according to the law, all levels’ leading cadres must take the lead in abiding by the law, and take the lead in conducting affairs according to the law, they ay not violate the law in the exercise of their powers, and may certainly not let their word replace the law, use their power to suppress the law, or bend the law for relatives and friends. Complete structures and work mechanisms for Party leadership over ruling the country according to the law, perfect work mechanisms and procedures to guarantee that the Party determines principles, policies and decisions concerning ruling the country according to the law, strengthen united leadership, united deployment and comprehensive coordination concerning comprehensively moving ruling the country according to the law forward, perfect Party Committee mechanism for policy making according to the law. Party organizations in all levels’ People’s Congresses, governments, consultative conferences, judicial organs and prosecutorial organs must lead and supervise their work unit in becoming models of abiding by the Constitution and the law, persist in examination and prosecution of legal violations in law enforcement, unlawful use of powers and other such activities. Strengthen the construction of intra-Party regulatory systems, perfect systems and mechanisms for the formulation of intra-Party regulations, shape complementary and perfect intra-Party regulatory structures and mechanisms, use intra-Party regulations to substantially implement the points that the Party must manage the Party, and the Party must be governed strictly, stimulate Party members and cadres to take the lead in abiding by national laws and regulations. Raise Party members’ and cadres’ rule of law thinking and their ability to conduct affairs according to the law, make rule of law construction achievements into an important content to measure the professional achievements of all levels’ leadership ranks and leading cadres, and bring them into career achievement assessment indicator systems, make the ability to abide by the law and conduct affairs according to the law into an important content to evaluate cadres. Move the legalization of grass roots governance forward, give rein to the fighting fortress role of grass roots Party organizations in comprehensively moving ruling the country according to the law forward, establish rule of law work mechanisms where the centre of gravity is moved downwards and forces are devolved downwards. Deeply move ruling the Army according to the law forward, rule the Army strictly, closely revolve around the objective of a strong Army for the Party under new circumstances, build a perfect military rule of law system with Chinese characteristics, raise the legalization levels of national defence and military construction. Guarantee the practice of “one country, two systems” according to the law and move the unity of the motherland forward, maintain long-term flourishing and stability in Hong Kong and Macau, move peace and unity in the motherland forward, protect the rights and interests of Hong Kong and Macau compatriots, and Taiwan compatriots, according to the law. Strengthen foreign-related law work, use legal methods to safeguard our country’s sovereignty, security, and development interests, safeguard the proper rights and interests of our country’s citizens and legal persons abroad, and foreign citizens and legal persons in our country.
The Plenum analysed the present circumstances and tasks, it stressed that the comrades in the entire Party must unite their thoughts and actions round the Centre’s major policy deployments concerning comprehensively deepening reform and comprehensively moving ruling the country according to the law forward, study and weigh situations, be vigilant in peace time, they must have a strategic orientation of grasping and using a period of important strategic opportunities to move reform and development forward, and must acutely grasp the changes in the domestic and foreign environment, continue their to protect sustained and healthy economic development well, with a spirit as sharp as a nail, continue to do their work to improve and guarantee the people’s livelihoods – and especially people in difficulties needing specific help – well, continue their work to rectify work styles well, continue to do their work to strictly rule the Party well, continue to do their work to protect social harmony and stability well, and lay a firm foundation for new beginnings over the next year.
According to the provisions of the Party Constitution, the Plenum decided to appoint Central Committee alternate members Ma Jiantang, Wang Zuo’an and Mao Wanchun as Central Committee members.
The Plenum deliberated and passed the examination report of the Central Discipline Inspection Committee concerning the grave disciplinary problems of Li Dongsheng, Jiang Jiemin, Wang Yongchun, Li Chuncheng and Wan Qingliang, it deliberated and passed the Central Military Commission Discipline Inspection Committee concerning the grave disciplinary problems of Yang Jinshan, and affirmed the disciplinary discharge from Part membership of Li Dongsheng, Jiang Jiemin, Wang Yongchun, Li Chuncheng and Wan Qingliang imposed previously by the Politburo.
The Plenum called upon the comrades in the entire Party and the people of all ethnicities in the entire Party to closely unite around the Party Centre with Comrade Xi Jinping as General Secretary, raise high the magnificent banner of Socialism with Chinese characteristics, vigorously throw themselves into the magnificent practice of comprehensively moving ruling the country according to the law forward, forge ahead and pioneer, work strongly, and struggle for the construction of a rule of law China!
中国共产党第十八届中央委员会第四次全体会议公报
(2014年10月23日中国共产党第十八届中央委员会第四次全体会议通过)
中国共产党第十八届中央委员会第四次全体会议,于2014年10月20日至23日在北京举行。
出席这次全会的有,中央委员199人,候补中央委员164人。中央纪律检查委员会常务委员会委员和有关方面负责同志列席了会议。党的十八大代表中部分基层同志和专家学者也列席了会议。
全会由中央政治局主持。中央委员会总书记习近平作了重要讲话。
全会听取和讨论了习近平受中央政治局委托作的工作报告,审议通过了《中共中央关于全面推进依法治国若干重大问题的决定》。习近平就《决定(讨论稿)》向全会作了说明。
全会充分肯定党的十八届三中全会以来中央政治局的工作。一致认为,党的十八届三中全会以来,国际形势错综复杂,国内改革发展任务极为繁重,中央政治局全面贯彻党的十八大和十八届一中、二中、三中全会精神,高举中国特色社会主义伟大旗帜,以邓小平理论、“三个代表”重要思想、科学发展观为指导,深入贯彻习近平总书记系列重要讲话精神,团结带领全党全军全国各族人民,统筹国内国际两个大局,牢牢把握稳中求进工作总基调,保持战略定力,以全面深化改革推动各项工作,注重从思想上、制度上谋划涉及改革发展稳定、内政外交国防、治党治国治军的战略性、全局性、长远性问题。中央政治局适应经济发展新常态,创新宏观调控思路和方式,积极破解经济社会发展难题,着力保障和改善民生,基本完成党的群众路线教育实践活动,坚定不移反对腐败,有效应对各种风险挑战,各方面工作取得新成效,党和国家事业发展打开新局面。
全会高度评价长期以来特别是党的十一届三中全会以来我国社会主义法治建设取得的历史性成就,研究了全面推进依法治国若干重大问题,认为全面建成小康社会、实现中华民族伟大复兴的中国梦,全面深化改革、完善和发展中国特色社会主义制度,提高党的执政能力和执政水平,必须全面推进依法治国。
全会提出,面对新形势新任务,我们党要更好统筹国内国际两个大局,更好维护和运用我国发展的重要战略机遇期,更好统筹社会力量、平衡社会利益、调节社会关系、规范社会行为,使我国社会在深刻变革中既生机勃勃又井然有序,实现经济发展、政治清明、文化昌盛、社会公正、生态良好,实现我国和平发展的战略目标,必须更好发挥法治的引领和规范作用。
全会强调,全面推进依法治国,必须贯彻落实党的十八大和十八届三中全会精神,高举中国特色社会主义伟大旗帜,以马克思列宁主义、毛泽东思想、邓小平理论、“三个代表”重要思想、科学发展观为指导,深入贯彻习近平总书记系列重要讲话精神,坚持党的领导、人民当家作主、依法治国有机统一,坚定不移走中国特色社会主义法治道路,坚决维护宪法法律权威,依法维护人民权益、维护社会公平正义、维护国家安全稳定,为实现“两个一百年”奋斗目标、实现中华民族伟大复兴的中国梦提供有力法治保障。
全会提出,全面推进依法治国,总目标是建设中国特色社会主义法治体系,建设社会主义法治国家。这就是,在中国共产党领导下,坚持中国特色社会主义制度,贯彻中国特色社会主义法治理论,形成完备的法律规范体系、高效的法治实施体系、严密的法治监督体系、有力的法治保障体系,形成完善的党内法规体系,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,实现科学立法、严格执法、公正司法、全民守法,促进国家治理体系和治理能力现代化。实现这个总目标,必须坚持中国共产党的领导,坚持人民主体地位,坚持法律面前人人平等,坚持依法治国和以德治国相结合,坚持从中国实际出发。
全会强调,党的领导是中国特色社会主义最本质的特征,是社会主义法治最根本的保证。把党的领导贯彻到依法治国全过程和各方面,是我国社会主义法治建设的一条基本经验。我国宪法确立了中国共产党的领导地位。坚持党的领导,是社会主义法治的根本要求,是党和国家的根本所在、命脉所在,是全国各族人民的利益所系、幸福所系,是全面推进依法治国的题中应有之义。党的领导和社会主义法治是一致的,社会主义法治必须坚持党的领导,党的领导必须依靠社会主义法治。只有在党的领导下依法治国、厉行法治,人民当家作主才能充分实现,国家和社会生活法治化才能有序推进。依法执政,既要求党依据宪法法律治国理政,也要求党依据党内法规管党治党。
全会明确了全面推进依法治国的重大任务,这就是:完善以宪法为核心的中国特色社会主义法律体系,加强宪法实施;深入推进依法行政,加快建设法治政府;保证公正司法,提高司法公信力;增强全民法治观念,推进法治社会建设;加强法治工作队伍建设;加强和改进党对全面推进依法治国的领导。
全会提出,法律是治国之重器,良法是善治之前提。建设中国特色社会主义法治体系,必须坚持立法先行,发挥立法的引领和推动作用,抓住提高立法质量这个关键。要恪守以民为本、立法为民理念,贯彻社会主义核心价值观,使每一项立法都符合宪法精神、反映人民意志、得到人民拥护。要把公正、公平、公开原则贯穿立法全过程,完善立法体制机制,坚持立改废释并举,增强法律法规的及时性、系统性、针对性、有效性。坚持依法治国首先要坚持依宪治国,坚持依法执政首先要坚持依宪执政。健全宪法实施和监督制度,完善全国人大及其常委会宪法监督制度,健全宪法解释程序机制。完善立法体制,加强党对立法工作的领导,完善党对立法工作中重大问题决策的程序,健全有立法权的人大主导立法工作的体制机制,依法赋予设区的市地方立法权。深入推进科学立法、民主立法,完善立法项目征集和论证制度,健全立法机关主导、社会各方有序参与立法的途径和方式,拓宽公民有序参与立法途径。加强重点领域立法,加快完善体现权利公平、机会公平、规则公平的法律制度,保障公民人身权、财产权、基本政治权利等各项权利不受侵犯,保障公民经济、文化、社会等各方面权利得到落实。实现立法和改革决策相衔接,做到重大改革于法有据、立法主动适应改革和经济社会发展需要。
全会提出,法律的生命力在于实施,法律的权威也在于实施。各级政府必须坚持在党的领导下、在法治轨道上开展工作,加快建设职能科学、权责法定、执法严明、公开公正、廉洁高效、守法诚信的法治政府。依法全面履行政府职能,推进机构、职能、权限、程序、责任法定化,推行政府权力清单制度。健全依法决策机制,把公众参与、专家论证、风险评估、合法性审查、集体讨论决定确定为重大行政决策法定程序,建立行政机关内部重大决策合法性审查机制,建立重大决策终身责任追究制度及责任倒查机制。深化行政执法体制改革,健全行政执法和刑事司法衔接机制。坚持严格规范公正文明执法,依法惩处各类违法行为,加大关系群众切身利益的重点领域执法力度,建立健全行政裁量权基准制度,全面落实行政执法责任制。强化对行政权力的制约和监督,完善纠错问责机制。全面推进政务公开,坚持以公开为常态、不公开为例外原则,推进决策公开、执行公开、管理公开、服务公开、结果公开。
全会提出,公正是法治的生命线。司法公正对社会公正具有重要引领作用,司法不公对社会公正具有致命破坏作用。必须完善司法管理体制和司法权力运行机制,规范司法行为,加强对司法活动的监督,努力让人民群众在每一个司法案件中感受到公平正义。完善确保依法独立公正行使审判权和检察权的制度,建立领导干部干预司法活动、插手具体案件处理的记录、通报和责任追究制度,建立健全司法人员履行法定职责保护机制。优化司法职权配置,推动实行审判权和执行权相分离的体制改革试点,最高人民法院设立巡回法庭,探索设立跨行政区划的人民法院和人民检察院,探索建立检察机关提起公益诉讼制度。推进严格司法,坚持以事实为根据、以法律为准绳,推进以审判为中心的诉讼制度改革,实行办案质量终身负责制和错案责任倒查问责制。保障人民群众参与司法,在司法调解、司法听证、涉诉信访等司法活动中保障人民群众参与,完善人民陪审员制度,构建开放、动态、透明、便民的阳光司法机制。加强人权司法保障。加强对司法活动的监督,完善检察机关行使监督权的法律制度,加强对刑事诉讼、民事诉讼、行政诉讼的法律监督,完善人民监督员制度,绝不允许法外开恩,绝不允许办关系案、人情案、金钱案。
全会提出,法律的权威源自人民的内心拥护和真诚信仰。人民权益要靠法律保障,法律权威要靠人民维护。必须弘扬社会主义法治精神,建设社会主义法治文化,增强全社会厉行法治的积极性和主动性,形成守法光荣、违法可耻的社会氛围,使全体人民都成为社会主义法治的忠实崇尚者、自觉遵守者、坚定捍卫者。推动全社会树立法治意识,深入开展法治宣传教育,把法治教育纳入国民教育体系和精神文明创建内容。推进多层次多领域依法治理,坚持系统治理、依法治理、综合治理、源头治理,深化基层组织和部门、行业依法治理,支持各类社会主体自我约束、自我管理,发挥市民公约、乡规民约、行业规章、团体章程等社会规范在社会治理中的积极作用。建设完备的法律服务体系,推进覆盖城乡居民的公共法律服务体系建设,完善法律援助制度,健全司法救助体系。健全依法维权和化解纠纷机制,建立健全社会矛盾预警机制、利益表达机制、协商沟通机制、救济救助机制,畅通群众利益协调、权益保障法律渠道。完善立体化社会治安防控体系,保障人民生命财产安全。
全会提出,全面推进依法治国,必须大力提高法治工作队伍思想政治素质、业务工作能力、职业道德水准,着力建设一支忠于党、忠于国家、忠于人民、忠于法律的社会主义法治工作队伍。建设高素质法治专门队伍,把思想政治建设摆在首位,加强立法队伍、行政执法队伍、司法队伍建设,畅通立法、执法、司法部门干部和人才相互之间以及与其他部门具备条件的干部和人才交流渠道,推进法治专门队伍正规化、专业化、职业化,完善法律职业准入制度,建立从符合条件的律师、法学专家中招录立法工作者、法官、检察官制度,健全从政法专业毕业生中招录人才的规范便捷机制,完善职业保障体系。加强法律服务队伍建设,增强广大律师走中国特色社会主义法治道路的自觉性和坚定性,构建社会律师、公职律师、公司律师等优势互补、结构合理的律师队伍。创新法治人才培养机制,形成完善的中国特色社会主义法学理论体系、学科体系、课程体系,推动中国特色社会主义法治理论进教材进课堂进头脑,培养造就熟悉和坚持中国特色社会主义法治体系的法治人才及后备力量。
全会强调,党的领导是全面推进依法治国、加快建设社会主义法治国家最根本的保证。必须加强和改进党对法治工作的领导,把党的领导贯彻到全面推进依法治国全过程。坚持依法执政,各级领导干部要带头遵守法律,带头依法办事,不得违法行使权力,更不能以言代法、以权压法、徇私枉法。健全党领导依法治国的制度和工作机制,完善保证党确定依法治国方针政策和决策部署的工作机制和程序,加强对全面推进依法治国统一领导、统一部署、统筹协调,完善党委依法决策机制。各级人大、政府、政协、审判机关、检察机关的党组织要领导和监督本单位模范遵守宪法法律,坚决查处执法犯法、违法用权等行为。加强党内法规制度建设,完善党内法规制定体制机制,形成配套完备的党内法规制度体系,运用党内法规把党要管党、从严治党落到实处,促进党员、干部带头遵守国家法律法规。提高党员干部法治思维和依法办事能力,把法治建设成效作为衡量各级领导班子和领导干部工作实绩重要内容、纳入政绩考核指标体系,把能不能遵守法律、依法办事作为考察干部重要内容。推进基层治理法治化,发挥基层党组织在全面推进依法治国中的战斗堡垒作用,建立重心下移、力量下沉的法治工作机制。深入推进依法治军、从严治军,紧紧围绕党在新形势下的强军目标,构建完善的中国特色军事法治体系,提高国防和军队建设法治化水平。依法保障“一国两制”实践和推进祖国统一,保持香港、澳门长期繁荣稳定,推进祖国和平统一,依法保护港澳同胞、台湾同胞权益。加强涉外法律工作,运用法律手段维护我国主权、安全、发展利益,维护我国公民、法人在海外及外国公民、法人在我国的正当权益。
全会分析了当前形势和任务,强调全党同志要把思想和行动统一到中央关于全面深化改革、全面推进依法治国重大决策部署上来,审时度势、居安思危,既要有抓住和用好重要战略机遇期推进改革发展的战略定力,又要敏锐把握国内外环境的变化,以钉钉子精神,继续做好保持经济持续健康发展工作,继续做好改善和保障民生特别是帮扶困难群众工作,继续做好作风整改工作,继续做好从严治党工作,继续做好保持社会和谐稳定工作,为明年开局打好基础。
全会按照党章规定,决定递补中央委员会候补委员马建堂、王作安、毛万春为中央委员会委员。
全会审议并通过了中共中央纪律检查委员会关于李东生、蒋洁敏、王永春、李春城、万庆良严重违纪问题的审查报告,审议并通过了中共中央军事委员会纪律检查委员会关于杨金山严重违纪问题的审查报告,确认中央政治局之前作出的给予李东生、蒋洁敏、杨金山、王永春、李春城、万庆良开除党籍的处分。
全会号召,全党同志和全国各族人民紧密团结在以习近平同志为总书记的党中央周围,高举中国特色社会主义伟大旗帜,积极投身全面推进依法治国伟大实践,开拓进取,扎实工作,为建设法治中国而奋斗!
October 23, 2014 at 3:09 pm
This is UNBELIEVABLE! In such limited time!
October 24, 2014 at 5:50 am
Thank you, Keith, for your great service. I have just returned from a panel discussion “Democracy, Development, and Decay: A Conversation with Francis Fukuyama” at the Asia Society of Northern California. China was, of course, the focus. One of the discussants, Minxin Pei of Claremont McKenna College, commented on the communique and said that the “rule of law” in this document means “rule by law,” not the “rule of law” in the sense commonly understood in western countries. I am very much interested in how other China specialists will comment on this development.
October 24, 2014 at 10:21 am
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