CCP Central Committee Decision concerning Some Major Questions in Comprehensively Moving Governing the Country According to the law Forward
Translation complete, with the cooperation of Jeremy Daum
Passed on 23 October at the 4th Plenary Session of the 18th Central Committee of the Chinese Communist Party
In order to implement the strategic deployment made at the 18th Party Congress and accelerate the construction of a Socialist rule of law country, the 4th Plenary Session of the 18th Central Committee has considered some major questions in comprehensively moving ruling the country according to the law forward, and made the following Decision.
I, Persist in marching the path of Socialist rule of law with Chinese characteristics, build a Socialist rule of law system with Chinese characteristics.
Ruling the country according to the law is an essential requirement and important guarantee for persisting in and developing Socialism with Chinese characteristics, and it is an inevitable requirement to realize the modernization of the national governing system and governing ability, it affects our Party’s governing and rejuvenating the country, it affects the people’s welfare, peace and health, and it affects the long-term peace and order of the Party and the country.
To comprehensively build a moderately prosperous society and realize the Chinese Dream of the great rejuvenation of the Chinese nation, comprehensively deepen reform, perfect and develop the Socialist system with Chinese characteristics and raise the Party’s governing ability and governance levels, we must comprehensively move ruling the country according to the law forward.
Our country is in the primary stage of Socialism, the comprehensive construction of a moderately prosperous society has entered a decisive stage, reform has entered a phase of assault and a region of deep water, international circumstances are complex and mercurial, our Party is facing reform, development and stability tasks that are unprecedentedly heavy, and contradictions, risks and challenges in unprecedented numbers, the position of ruling the country according to the law has become more prominent in the overall picture of the work of the Party and the country, and its rule more important. In the face of new circumstances and new tasks, our Party must even better deal with both the domestic and international big pictures, even better safeguard and utilize this important period of strategic opportunity for our country’s development, even better comprehensively plan social forces, balance social interests, adjust social relationships and standardize social acts, to ensure that our country’s society is full of vitality as well as well-ordered during profound change, to realize economic development, political peace, cultural glory, social justice and ecological welfare, and to realize the strategic objective of our country’s peaceful development, we must give even better rein to the guiding and driving role of the rule of law.
Our Party gives high regard to the construction of rule of law. For a long period, and especially since the 3rd Plenum of the 11th Party Congress, our Party has profoundly summarized the successful experiences and profound lessons of our country’s Socialist rule of law construction, and has put forward that the rule of law must be strengthened, and it must be ensured that democracy is institutionalized and legalized to guarantee the people’s democracy, it made ruling the country according to the law into a basic strategy of the Party’s leading the people and governing the country, it made governing according to the law into a basic method for the Party to govern the country, it vigorously built Socialist rule of law and made historical achievements. At present, the Socialist legal system with Chinese characteristics has been formed, and the construction of a rule of law government is being moved forward steadily, the judicial system is incessantly being perfected, and the rule of law consciousness of the entire society is clearly strengthening.
At the same time, we must soberly be aware that, in comparison with the development needs of the undertakings of the Party and the State, in comparison with the expectations of the popular masses, and in comparison with moving ruling the country according to the law forward and modernizing our governing ability, rule of law construction still displays many problems where it is not adapted or unsuited, which is mainly manifested as: some laws and regulations have not been able to completely reflect objective laws and the will of the people, they are not strong in terms of focus or feasibility, there are tendencies of departmentalization in legislative work, turf battles and shifting of responsibility are relatively prominent; the phenomena that laws exist but are not followed, law enforcement is not strict and law-breakers aren’t punished are relatively grave, separation of powers and responsibilities in the law enforcement; multi-headed law enforcement and selective law enforcement still exist, law enforcement and the judiciary are quite prominently not standardized, not strict, not transparent and uncivilized, the masses’ strongly react against the problems of judicial unfairness and corruption; the consciousness of a number of members of society to abide by the law, trust in the law, respect the law, use the law, and safeguard their rights according to the law is not strong, some State personnel and especially leading cadres’ consciousness about handling affairs according to the law is not strong, and their abilities are insufficient, and it still occurs that laws are knowingly violated, one’s word replaces the law, the law is suppresses through power, and the law is bent for relatives and friends. These problems violate the principles of Socialist rule of law, harm the interests of the popular masses, impede the development of the undertakings of the Party and the country, and we must spend great efforts to resolve them.
To completely 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 study the spirit of the series of important speeches by 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 march the path of Socialist rule of law with Chinese characteristics, firmly uphold the authority of the Constitution and the laws, protect the people’s rights and interests according to the law, protect social fairness and justice, protect national security and stability, and provide powerful rule of law guarantees to realize the “Two Centuries” struggle objective and to realize the Chinese Dream of the great rejuvenation of the Chinese nation.
The general objectives to comprehensively move ruling the country according to the law forward are constructing a Socialist rule of law system with Chinese characteristics and constructing a Socialist rule of law country. That is to say, under the leadership of the Chinese Communist Party, persisting in the system of Socialism with Chinese characteristics, implementing the theory of Socialist rule of law with Chinese characteristics, shaping a perfect system of legal norms, a highly effective system to implement the rule of law, a strict system for rule of law supervision, and a powerful system of rule of law guarantees, shaping a perfect system of intra-Party regulations, persisting in moving ruling the country according to the law, governing according to the law and administration according to the law forward together, persist 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 the entire population, and move forward the modernization of the national governing system and our governing ability.
To realize these general objectives, we must persist in the following principles.
– Persisting in the leadership of the Chinese Communist Party. The leadership of the Party is the most essential trait of Socialism with Chinese characteristics, and is the most fundamental guarantee for Socialist rule of law. Letting Party leadership penetrate into the entire process and all aspects of ruling the country to the law is a basic experience of the construction of our country’s Socialist rule of law. Our country’s Constitution has established the leading position of the Chinese Communist Party. Persisting in Party leadership is a basic need for Socialist rule of law, it is where the foundations and the life-line of the Party and the State 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. Party leadership and Socialist rule of law are identical, Socialist rule of law must persist in Party leadership, Party leadership must rely on Socialist rule of law. Only by ruling the country according to the law and rigorously enforcing the law under the leadership of the Party, will it be possible to fully realize that the people are masters of their own affairs, and will it be possible to move the legalization of the life of the country and the society forward in an orderly manner. Governance according to the law requires that the Party governs the country on the basis of the Constitution and the laws, and requires that the Party manages the Party and governs the Party according to intra-Party regulations. We must persist in the Party leading legislation, guaranteeing law enforcement, supporting the judiciary and taking the lead in respecting the law, unite the basic strategy of ruling the country according to the law with the basic method of governing according to the law, unite the Party’s general responsibility for the overall picture and coordinating all sides with People’s Congresses, governments, consultative conferences, trial bodies and prosecutorial bodies carrying out their duties and conducting their work according to the law and according to their charters, unite the Constitution formulated and implemented by the people under the leadership of the Party with the Party persisting in acting within the scope of the Constitution and the law, be good at making the Party’s standpoints become the national will through statutory procedures, be good at ensuring that the candidates recommended by Party organizations become leaders in State political bodies through statutory procedures, be good at implementing Party leadership over the country and society through State political bodies, and be good at utilizing democratic centralist principles to safeguard the authority of the Centre, and safeguard the unity of the entire Party and the entire country.
– Persisting in the dominant position of the people. The people are the subjects of and source of strength for ruling the country according to the law, the People’s Congress system is the fundamental political system that guarantees that the people are the masters of their own affairs. We must persist in the fact that rule of law construction is for the people, relies on the people, benefits the people and protects the people, make guaranteeing the people’s basic rights and interests into a starting point and stopover point, guarantee that the people enjoy broad rights and freedoms according to the law, bear the duties they should, safeguard social fairness and justice, and stimulate common prosperity. We must guarantee that the people, under the leadership of the Party, and according to the provisions of the law, manage the affairs of State through various channels and forms, manage economic and cultural undertakings, and manage social affairs. We must make the people understand that the law is a powerful tool to guarantee their own rights, and is a behavioural standard that must be respected, strengthen the consciousness in the entire society about learning the law, respecting the law, abiding by the law and using the law, and ensure that the people master, respect and use the law.
– Persisting in the fact that all are equal in the face of the law. Equality is a basic characteristic of Socialist law. Any organization or individual must respect the authority of the Constitution and the laws, and must act within the scope of the Constitution and the laws, they must all exercise their powers and rights, and carry out their duties and responsibilities according to the law, none may have privileges outside of the Constitution and the laws. We must safeguard the unity, dignity and authority of the State legal system, and realistically guarantee the effective implementation of the Constitution and the laws, we may absolutely not permit any person to let their word replace the law, use their power to suppress the law, or bend the law for friends or relatives under any excuse and in any way. We must make standardizing and restraining public power into a focus point, expand supervision strength, ensure that there must be responsibility where there is power, there must be supervision over the use of power, and that law-breaking must be punished, firmly correcting acts where laws are not followed, law enforcement is not strict, and law-breakers are not punished.
– Persisting in integrating ruling the country according to the law and ruling the country according to virtue. State and social governance require that both law and virtue play a role together. We must persist in grasping the rule of law on one hand, and the rule of virtue with the other hand, forcefully carry forward the Socialist core value system, carry forward China’s traditional virtue, foster social morals, professional ethics and household virtues, Pay attention to the normative role of law as well as the educational role of virtue, reflect moral concepts in the rule of law, strengthen the stimulating impact of law on morality construction, nourish the spirit of rule of law with virtue, strengthen the supporting role of virtue in legal culture , realize that law and virtue complement each other, and that the rule of law and the rule of virtue each make each other appear more brilliant.
– Persisting in starting from China’s reality. The path, theoretical system and structure of Socialism with Chinese characteristics are fundamental lodestars for comprehensively moving ruling the country according to the law forward. We must start from our country’s basic circumstances, adapt to the incessant deepening of reform and opening up, summarize and use the successful experience of the Party leading the people in carrying out rule of law, focus on major theoretical and practical questions in the construction of Socialist rule of law, move rule of law theory innovation forward, develop Socialist rule of law theory that is adapted to China’s realities, has Chinese characteristics, and reflects social development laws, to provide theoretical guidance and academic support for ruling the country according to the law. Draw from the quintessence of Chinese legal culture, learn from beneficial experiences in rule of law abroad, but we can absolutely not indiscriminately copy foreign rule of law concepts and models.
Comprehensively moving ruling the country according to the law forward is a systemic project, it is a broad and profound revolution in the area of State governance, and requires long-term, arduous efforts. Comrades in the entire Party must even more consciously persist in ruling the country according to the law, and move ruling the country according to the law forward even more firmly, they must strive to realize the legalization of all work affairs of the State, and progress incessantly towards the construction of a rule of law China.
II, Perfect a Socialist legal system with Chinese characteristics, with the Constitution at the centre, strengthen the implementation of the Constitution.
Laws are important tools to rule the country, benevolent laws are the precondition for good governance. To construct a Socialist legal system with Chinese characteristics, we must persist in giving precedence to legislation, giving rein to the guiding and driving role of legislation, and grasp the crucial matter 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 law, reflects the popular will and is endorsed by the people. We must let the principles of fairness, justice and transparency penetrate into the entire process of legislation, perfect legislative systems and mechanisms, persist in simultaneously carrying out legislation, revision, abolition and interpretation, strengthen the timeliness, systemic nature, focus and effectiveness of laws and regulations.
(1) Completing constitutional implementation and supervision systems. The Constitution is the concentrated reflection of the will of the Party and the people, and is the fundamental law formed through a process of scientific democracy. To persist in ruling the country according to the law, we must first and foremost persist in ruling the country according to the Constitution, to persist in governing according to the law, we must first and foremost persist in governing according to the Constitution. The people of all ethnicities in the entire country, all State bodies and armed forces, all political parties and all social organizations, all enterprises, undertakings and groups must consider the Constitution as the basic behavioural norm, and bear the duty of upholding the dignity of the Constitution and guaranteeing the implementation of the Constitution. All acts violating the Constitution must be punished and corrected.
Perfect the constitutional supervision system of the National People’s Congress and its Standing Committee, complete procedures and mechanisms for constitutional interpretation. Strengthen filing and review systems and capacity building, bring all normative documents into the scope of filing and review, cancel and correct normative documents that violate the Constitution or the law according to the law, it is prohibited that localities formulate and issue documents of a legislative nature.
4 December of every year is designated as National Constitution Day. Universally launch education about the Constitution in the entire society and carry forward the spirit of the Constitution. Establish a constitutional oath system, all State personnel elected or appointed by the National People’s Congress and its Standing Committee are to openly swear a constitutional oath when taking office.
(2) Perfect legislative structures. Strengthen Party leadership over legislation work, perfect procedures for Party policymaking concerning major issues in legislative work. In all cases where legislation involves adjustment to major structures or major policies, it must be reported to the Party Centre for discussion and decision. The Party Centre puts suggestions for constitutional revision to the National People’s Congress, and constitutional revision is conducted according to the procedure determined in the Constitution. Major questions in the formulation and revision of laws are to be reported to the Party Centre by the National People’s Congress Standing Committee Party Group.
Complete structures and mechanisms for People’s Congresses with legislative power to lead legislative work, give rein to the dominant role of People’s Congresses and their Standing Committees in legislative work. Establish a system to draft laws that are comprehensive in nature, affect the overall picture, are fundamental or important in other ways with organized by the relevant special committee of the National People’s Congress and the National People’s Congress Standing Committee Legal Affairs Work Committee, with the participation of relevant departments. Strengthen the proportion of full-time committee members with experience in rule of law practice. Establish and complete legislative expert consultant systems for special committees and work committees.
Strengthen and improve the construction of the governmental legislative system, perfect procedures for the formulation of administrative regulations and rules, perfect legislative mechanisms with mass participation in government legislation. The drafting of important administrative management laws and regulation is to be organized by government legal affairs bodies.
Clarify the boundaries of legislative powers, effectively prevent the legalization of departmental interests and local protectionisms through structures, mechanisms and work procedures. For major legislative matters where interdepartmental disputes are relatively large, the policy-making bodies are to bring in a third party to assess the matter, fully hear opinions from all sides, coordinate and decide on the matter, this cannot be delayed without a decision for a long time. Strengthen legal interpretation work, timely clarify the meaning of legal provisions and the legal basis for applying them. Clarify the limits and scope of local legislation, endow cities divided into districts with local legislative powers according to the law.
(3) Deeply move scientific legislation and democratic legislation forward. Strengthen People’s Congress organization and coordination over legislative work, complete legislative drafting, argumentation, coordination and consideration mechanisms, complete legislative opinion mechanisms for consultation by lower level People’s Congresses, establish a grass roots legislation contact point system, enhance the detail of legislation. Complete systems to solicit opinions from People’s Congresses for the drafting of laws, regulations and rules, increase the number of People’s Congress representatives sitting on People’s Congress Standing Committee meetings as non-voting delegates, and give even more rein to the role of People’s Congress representatives in drafting and revising the law. Perfect systems to collect and elucidate legislative projects. Complete channels and methods for all walks of society to orderly participate in legislation with legislative bodies in the lead. Explore entrusting third parties with drawing up laws and regulations drafts.
Complete mechanisms for legislative bodies to communicate with the social public, broaden legislative consultation, fully give rein to the roles of consultative conference members, democratic parties, industry and commerce associations, non-party persons, people’s organizations and social organizations in consultation, explore the establishment of mechanisms for relevant State bodies, social organizations and expert scholars to elucidate and consult on the restructuring of major interests involved in legislation. Broaden channels for citizens’ orderly participation in legislation, complete mechanisms for the open solicitation of opinions concerning draft laws, regulations and rules and feedback mechanisms concerning the extent to which the public’s ideas are adopted, broadly bring together a social consensus.
Perfect procedures for voting on legal drafts, it is permitted that important provisions are voted on individually.
(4) Strengthen legislation in focus areas. Guarantee citizens’ rights according to the law, accelerate the perfection of legal systems reflecting fair rights, fair opportunities and fair rules, protect citizens’ personal rights, property rights, basic political rights and rights in all other areas against infringement, guarantee that citizens’ economic, cultural, social and all other rights are implemented, realize the legalization of citizens’ rights protections. Strengthen the consciousness on respecting and protecting human rights in all of society, complete channels and methods to obtain relief for citizen’s rights.
The Socialist market economy essentially is a rule of law economy. To ensure that the market plays a decisive role in the allocation of resources and to give rein to the role of government even better, we must make protecting property rights, upholding contracts, unified markets, fair exchange, fair competition and effective supervision into basic orientations, and perfect the legal system for the Socialist market economy. Complete property rights protection systems with fairness at the core, strengthen protection of the property rights of economic organizations of all kinds of ownership systems and of natural persons, clean away provisions in laws and regulations that violate fairness. Innovate property rights protection systems that are adapted to the varied forms in which the public ownership system manifests itself, strengthen protection for State-owned and collective capital ownership rights, business rights and the property rights of all kinds of corporate legal persons. The State protects enterprises’ use of their legal person’s property rights to operate autonomously according to the law, and assume responsibility for profit and loss, enterprises are entitled to refuse demands from any organization and individual that have no legal basis. Strengthen legislation on corporate social responsibility. Perfect a property rights system and an intellectual property rights system that encourage innovation, and structures and mechanisms to stimulate the transformation of scientific and technological achievements. Strengthen the construction of a legal system for the market, compile a civil code, formulate and perfect laws and regulations on development planning, investment management, land management, energy and mineral resources, agriculture, finance and taxation, banking, etc., stimulate the free circulation, fair exchange and equal use of commercial products and factors, strengthen and improve macro-level coordination and market supervision according to the law, oppose monopolies, stimulate reasonable competition, safeguard a market order of fair competition. Strengthen rule of law guarantees for the Army and the people to blend together profoundly.
Institutionalization, standardization and proceduralization are fundamental guarantees for Socialist democratic politics. Put guaranteeing the people’s mastery of their own affairs central, persist in and perfect the People’s Congress system, persist in and perfect the system of multi-party collaboration and political consultation under the leadership of the Chinese Communist Party, the system of regional ethnic autonomy, as well as the system of grass roots mass autonomy, move the legalization of Socialist democratic politics forward. Strengthen the construction of the Socialist consultative democracy system, move forward the broad multi-level and systematic development of consultative democracy, build consultative democracy systems with a rational ordering and integrated segments. Perfect and develop the grass roots democracy system, move forward with grass-roots democracy and sector self-discipline according to the law, implement self-management, self-service, self-education and self-supervision. Perfect the Organic Law for State Bodies, perfect election systems and work mechanisms. Accelerate State legislation against corruption, perfect systems to punish and prevent corruption, create effective mechanisms so no-one dares to be corrupt, can be corrupt and wants to be corrupt, persist in containing and preventing the phenomenon of corruption. Perfect criminal law systems to punish venality and bribes, broaden the scope of criminal bribery from assets to assets and other property-type interests.
Establish and complete a cultural legal system that persists in the progressive orientation of advanced Socialist culture, that respects the laws of cultural development, benefits the stimulation of cultural creative vitality and guarantees citizens’ basic cultural rights and interests. Formulate a public cultural service guarantee law, stimulate the standardization and equalization of public cultural services. Formulate a cultural industry stimulation law, give statutory status to cultural economic policies that have proven effective in practice, complete systems and norms to stimulate the organic integration of social effect and economic effect. Formulate a national medals and national honorary titles law, to commend outstanding personalities having made prominent contributions. Strengthen legislation in the are of the Internet, perfect laws and regulations for online information services, cybersecurity protection, online social management and other such areas, and standardize online behaviour according to the law.
Accelerate the construction of innovative legal systems to guarantee and improve people’s livelihoods and move social governance forward. Strengthen and standardize public services according to the law, perfect laws and regulations in the areas of education, employment, income distribution, social security, healthcare and hygiene, food security, poverty, charity, social support and for the protection of the lawful rights and interests of women, children, the elderly, the disabled, etc. Strengthen legislation on social organizations, standardize and guide the healthy development of all kinds of social organizations. Formulate a community correction law.
Implement the general national security view, accelerate the construction of rule of law concerning national security, closely grasp the publication of a batch of urgently necessary laws against terrorism, etc., move the legalization of public security forward, build legal systems and structures for national security.
Use strict legal structures to protect the ecological environment, accelerate the establishment of ecological civilization law structures to effectively restrain exploitative behaviour and stimulate green development, recycling development and low-carbon development, strengthen the legal liability of producers for environmental protection, substantially raise the costs of violating the law. Build and complete legal structures for property rights over natural assets, perfect legal structures in the area of State land exploitation and protection, formulate and perfect laws and regulations for ecological compensation, the prevention of soil, water and air pollution and the protection of the maritime ecological environment, to stimulate the construction of an ecological civilization.
Realize linkages between legislation and reform policymaking, ensure that major reforms have a legal basis and that legislation actively adapts to the need of reform, economic and social development. What has proven effective in practice must be timely upgraded into law. Where practical conditions are not yet mature, and advance trials are necessary, these must be authorized according to statutory procedure. Laws and regulations that are not adapted to the needs of reform must be timely revised and abolished.
III, Deeply move administration according to the law forward, accelerate the construction of a rule of law government
The life-force of the law lies in its implementation, the authority of the law also lies in its implementation. All levels’ governments must persist in conducting their work on the rails of the rule of law under the leadership of the Party, innovate law enforcement systems, perfect law enforcement procedures, move comprehensive law enforcement forward, straiten law enforcement responsibilities, establish structures for administration according to the law where duties and responsibilities are unified, which have authority and efficacy, accelerate the construction of a rule of law government with scientific functions, statutory powers and responsibilities, strict law enforcement, which is open and just, clean and effective, abides by the law and is honest.
(1) Comprehensively carry out administrative functions according to the law. Perfect legal structures for administrative organization and administrative procedure, move forward with the creation of statutes for bodies, functions, powers, procedures and responsibilities. Administrative bodies must persist in their obligation to carry out their statutory rules and not do what is not authorized by law, they must have the courage to be responsible, dare to shoulder burdens, firmly correct a lack of action or chaotic actions, firmly overcome laziness and indolence in government, and firmly punish neglect and dereliction of duties. Administrative bodies may not establish powers outside of the law, they may not decide to impinge on the lawful rights and interests of citizens, legal persons and other organizations without a basis in law and regulation, or to increase their duties. Carry out a governmental power list system, persist in eliminating the space for rent setting and rent seeking through power.
Move normativization and legalization of governmental duties and responsibilities at all levels, perfect legal systems for governmental duties and responsibilities at different levels of government, and especially for central and local governments, strengthen the central government’s macro-level management, formulate and establish duties and necessary law enforcement powers, strengthen the duties of provincial governments to comprehensively plan and move forward the equalization of basic regional public services, strengthen city and county governments’ implementation of duties.
(2) Complete mechanisms for policymaking according to the law. Determine that public participation, expert argumentation, risk assessment, legality review and collective discussion and decision-making are statutory procedures for major administrative policy decisions, guarantee that policymaking structures are scientific, procedures are proper, processes are open and responsibilities are clear. Establish legality review mechanisms within administrative bodies for major policy decisions, where no legality review is conducted or the review concludes [a decision] is unlawful, it may not be submitted for discussion.
Vigorously practice the government legal advisor system, establish legal advisor teams with government legal affairs body personnel in the lead, which attract expert and lawyer participation, to guarantee that legal advisors play a positive role in formulating major administrative policy decisions and moving administration according to the law forward.
Establish life-long responsibility investigation and responsibility tracing mechanisms for major policy decisions, where grave mistakes in policymaking or a long-term delay in the making of policies that should have been made timely result in major damage or deleterious influences, the legal liability of the administrative head, other leading personnel bearing responsibility and corresponding responsible personnel will be strictly investigated.
(3) Deepen reform of the administrative law enforcement system. Rationally allocate law enforcement forces on the basis of the duties and responsibilities of different levels of government, and according to the principles of reducing layers, integrating teams and raising efficiency.
Move comprehensive law enforcement forward, substantially reduce the categories of government law enforcement teams at both city and county levels, focus on carrying out comprehensive law enforcement food security, industrial and commercial quality inspection, public hygiene, production safety, culture and tourism, resources and the environment, agriculture, forestry and irrigation, traffic and transportation, urban and rural construction, fisheries and other such areas, areas meeting conditions may practice cross-departmental comprehensive law enforcement.
Perfect administrative law enforcement at both city and county government levels, strengthen unified leadership and coordination. Rationalize the system of coercive administrative enforcement. Rationalize the city management law enforcement system, strengthen comprehensive urban management law enforcement construction, and raise law enforcement and service levels.
Strictly implement the administrative law enforcement personnel credential display and qualification management system, law enforcement qualification may not be given to those who have not passed the law enforcement qualification exam, and they may not engage in law enforcement activities. Strictly implement separation between issuing and collecting fines, and a two-line management system for receipts and expenses, it is strictly prohibited to couple income through fees, fines and confiscation to departmental interests directly and indirectly.
Complete linkage mechanisms between administrative law enforcement and the criminal judiciary, perfect case transfer standards and procedures, establish structures to share information, report case details and transfer cases between administrative law enforcement bodies, public security bodies, prosecutorial bodies and trial bodies, firmly overcome the phenomena that cases are not transferred, it is difficult to transfer cases, and fines replace sentences, realize seamless linkages between administrative punishment and criminal punishment.
(4) Persist in strict standards for fair and civilized law enforcement. Punish all kinds of unlawful activities according to the law, expand law enforcement forces in focus areas relating to the direct interests of the masses. Perfect law enforcement procedures, establish recording systems for the entire process of law enforcement. Clarify concrete operational workflows, focus on standardizing administrative licensing, administrative punishment, administrative enforcement, administrative collection, administrative fees, administrative inspection and other such administrative law enforcement acts. Strictly implement the legal examination and verification system for major law enforcement decisions.
Establish and complete basic standard systems for administrative discretion, create detailed and quantified administrative discretion standards, standardize the scope, categories and extent for discretion. Strengthen informatization construction and information sharing in administrative law enforcement, raise the efficiency of law enforcement and standardization levels.
Comprehensively implement administrative law enforcement responsibility systems, strictly define law enforcement responsibilities and responsibility investigation mechanisms for different departments, their bodies and their law enforcement personnel, strengthen law enforcement supervision, firmly eliminate interference with law enforcement activities, prevent and overcome the phenomena of local and departmental protectionism, strictly punish corruption in law enforcement.
(5) Strengthen restraints and supervision of administrative powers. Strengthen the construction of structures for intra-Party supervision, People’s Congress supervision, democratic supervision, administrative supervision, judicial supervision, auditing supervision, social supervision and public opinion supervision, strive to shape scientific and effective constraints on the exercise of power and supervision systems, strengthen joint supervision forces and actual effects.
Strengthening constraints over internal government power is a focus point for strengthening constraints over administrative power. For departments and positions with a concentration of powers, such as financial allocation and use, State-owned asset supervision, government investment, government procurement, transfer of public resources, public project construction, etc., affairs are to be separated in the exercise of power, positions are to be separated in the establishment of power, and there must be a hierarchy for the authorization of power, there must be regular rotations, strengthen control over internal workflows, and prevent the abuse of power. Perfect departmental-level internal government supervision and internal supervision, improve supervision of higher-level bodies over lower-level bodies, establish regularized supervision systems. Perfect mechanisms to rectify mistakes and for accountability, complete accountability methods and procedures such as ordering a public apology, suspension from work for investigation, taking the blame and resigning, ordering resignation, dismissal, etc.
Perfect auditing structures, guarantee that auditing supervision powers are exercises independently and according to the law. Ensure there is complete auditing coverage of the situation of public capital, State-owned assets, State-owned resources and leading cadres carrying out their economic responsibilities. Strengthen leadership of higher-level auditing bodies over lower-level auditing bodies. Explore the uniform management of the human, financial and material resources of local auditing bodies below the provincial level. Move the construction of professionalized auditing forward.
(6) Completely move government affairs openness forward. Persist in the principle that openness is the rule and non-openness the exception, move forward open policymaking, open implementation, open management, open services and open results. All levels’ governments and their work departments must, on the basis of their list of powers, openly publish their government functions, legal basis, the subject of implementation, duties and powers, management workflows, supervision methods and other such matters. Focus on moving forward with government information openness in finances and budgetary affairs, public resource allocation, major construction programme approval and implementation, public interest undertaking construction and other such areas.
Normative documents affecting the rights and duties of citizens, legal persons and other organizations are to be published according to the requirements and procedures of government information openness. Carry out the rules for publishing administrative law enforcement. Move the informatization of government affairs openness forward, strengthen the construction of Internet government affairs information database service platforms and service platforms that are convenient for the people.
IV, Guarantee judicial fairness, raise judicial credibility
Fairness is the lifeline of the rule of law. Judicial fairness has an important leading role in social justice, and judicial unfairness has a fatally damaging effect on social justice. We must improve the judicial administration system and the operating mechanism of judicial power, standardize judicial conduct, strengthen supervision of judicial activities, and strive to make the people feel fairness and justice in every judicial case
(1) Perfect systems to ensure judicial authority and procuratorial authority are exercised fairly and independently, according to the law. All levels’ Party and government bodies and leading cadres must support the courts and procuratorates in exercising their functions and authorities independently and fairly according to the law. Establish a system for recording, reporting, and investigating the responsibility of instances wherein leading cadres interfere in judicial activities or get involved in the handling of certain cases. No Party or government body or leading cadre may let a judicial organ commit a breach of their statutory duty or impede judicial fairness; no judicial body may execute a demand to interfere in judicial activities from a Party or government body or leading cadre. Party or administrative disciplinary action will be imposed where there is interference in a judicial case. If it results in an unjust, false, and erroneous case, or other severe outcomes, criminal responsibility will be investigated according to the law.
Complete systems for administrative organs appearing in court to respond to lawsuits, for supporting courts in accepting administrative cases, for respecting and for enforcing effective court judgments. Improve legal provisions to punish obstruction of judicial organs’ performance of their duties according to the law, refusals to enforce effective judgments and decisions, for contempt of court authority and other illegal and criminal conduct.
Establish and complete protection mechanisms for judicial personnel performing their statutory duties. Judges and prosecutors must not be transferred, dismissed, demoted, removed or otherwise sanctioned without statutory grounds and without undergoing statutory procedures.
(2) Optimize the allocation of judicial duties. Complete systems and mechanisms to ensure that public security organs, procuratorates, judicial organs and judicial administrative organs all perform their own rules, and for mutual coordination and mutual checks between the investigation power, prosecution power, adjudication power and enforcement power
Perfect the judicial system, promote the implementation of structural reform trials for the separation of adjudication and enforcement powers. Improve systems for enforcement of punishments, unify criminal enforcement systems. Reform systems for judicial organs’ personnel and finance management, explore the implementation of separating courts’ and procuratorates’ judicial administrative management affairs and adjudication or procuratorate powers
The Supreme people’s court will establish circuit tribunals, to hearing major administrative and civil cases that cross administrative regions. Explore the establishment of People’s Courts and people’s procuratorates that cross administrative districts and handle cross-regional cases. Perfect administrative litigation sytems and mechanisms, reasonably adjust the jurisdiction system for administrative litigation cases, truly resolve prominent issues such as difficulty in filing, hearing and enforcing administrative litigation cases.
Reform systems for court acceptance of cases, change the case filing review system to a case filing registration system, and in cases that should be accepted by the People’s C’ourts, ensure parties’ procedural rights by requiring filing when there is a case, and requiring acceptance where there is a lawsuit. Increase the force of punishments for false and malicious litigation and acts of unreasonably vexatious litigation. In criminal proceedings, improve systems for leniency for admitting guilt and accepting punishment.
Perfect appeals systems, the focus in first-instance cases is to resolve factual determinations and application of law, the focus in the second instance is resolving disputes of fact and law and ensuring that the second instance is the last, in retrials, the focus is on the decision to correct mistakes according to the law and safeguarding the authority of judgments. Perfect implementation of oversight systems for compulsory measures that involve the people’s personal and property rights and interests. Where procuratorate organs discover, in the course of performing their duties, that administrative organs have unlawfully implemented their duties or have not performed their duties should supervise the matter and urge them to correct. Explore the establishment of systems for procuratorates raising public interest lawsuits.
Clarify the duties of all levels within judicial organs and complete internal supervision and inspection mechanisms. Internal personnel of judicial organs may not interfere with other personnel’s handling of cases in violation of regulation, establish recording and accountability systems for internal personnel’s retrieval of cases. Improve case handling responsibility systems for presiding judges, collegial panels, head procurators and lead investigators, to implement a system where those handling the cases bear responsibility.
Strengthen management of clues concerning crimes abusing public office, establish systems for accepting, categorizing, investigating and handling information and feedback, clarify standards and procedural connections for discipline inspection and criminal justice case handling, strictly investigate and handle cases of criminal abuse of public office.
(3) Move straitening the judiciary forward. Persist in basing things on facts and using the law as the criterion. Strengthen legal systems for fact-finding that conform to objective truth, ensure that results of a case conform to substantive justice, and case procedures conform to procedural justice. Strengthen and standardize judicial interpretation and case guidance, and unify standards for applicable law.
Promote structural reform in litigation with trials at the centre, and ensure the facts and evidence of cases under investigation, examination and prosecution can stand the test of law. Fully implement evidentiary judgment rules; collect, fix, preserve, investigate, and use evidence strictly according to the law; perfect systems for witnesses and experts appearing in court, ensure that courtroom hearings play a decisive role in ascertaining the facts, identifying the evidence, protecting the right of action, and adjudicating impartially.
Clarify the work duties, workflows and work standards of all types of judicial personnel, implement a system of lifetime responsibility for case quality and of accountability for miscarried cases accountability system, ensuring that case handling stands the test of law and time.
(4) Guarantee the popular masses’ participation in the judiciary. Persist in people’s justice for the people, rely on the people to move judicial fairness forward, and protect the people’s rights and interests through judicial fairness. Guarantee the public’s participation in judicial mediation, judicial hearings, petitioning involving litigation and other judicial activities. Improve the people’s assessor system, guarantee citizens’ right to participate in adjudication, expand the scope of participation in trial, perfect random selection methods, and increase the credibility of the people’s assessor system. Gradually implement that people’s assessors no longer hear questions of applicable law, and only participate in issues of fact determination.
Build an open, dynamic, transparent, and convenient sunshine judicial mechanism; move forward with open trials, open prosecutorial work, open police work, and open prison work; promptly publish law enforcement and judicial basis, procedures, processes, results, and effective legal documents according to the law; and put an end to secretive work. Strengthen the explanation and interpretation of legal documents, and create an online integrated open inquiry system for effective legal documents.
(5) Strengthen the judicial protection of human rights. Strengthen procedural protection of parties’ and other litigation participants’ right to know, right to make comments, right to defence and debate, right to make requests, and right to appeal in the course of litigation procedures. Complete legal systems to implement principles such as statutory punishments, no punishment in cases in doubt and exclusion of illegal evidence. Perfect judicial oversight of judicial measures and investigatory methods that limit personal freedom, strengthen prevention at the source against confessions extracted through torture and illegally acquired evidence, complete effective prevention measures against unjust, false and wrongfully decided cases, and mechanisms for prompt corrections.
Truly resolve difficulties in enforcement, draft a law on coercive enforcement, standardize judicial procedures for sealing, seizing, freezing and disposing of assets involved in cases. Accelerate the construction of a legal system for supervision, deterrence and punishment of persons not executing judgments. Ensure the prompt realization of the rights and interests of winning parties in lawsuits according to the law.
Implement final judgment and litigation finality systems, separate litigation and petitioning, guarantee that parties exercise their right to appeal according to the law. For appeals due to dissatisfaction with effective judgments or decisions by judicial organs, gradually implement a system of lawyer representation. Bring appellants unable to hire a lawyer within the scope of legal aid.
(6) Strengthen supervision over judicial activities. Perfect legal systems for prosecutorial organs to exercise supervisory powers, strengthen legal supervision over criminal procedure, civil procedure and administrative procedure. Perfect the people’s supervisor system, focus on the supervision of prosecutorial organs’ investigation of criminal offences occurring during law enforcement activities including case registry, arrests, detention or freezing of assets, filing complaints, etc. Judicial organs must timely respond to social concerns. Standardize media reporting over cases, prevent that public opinion influences judicial fairness.
Standardize the links and interactions between judicial personnel and the parties, lawyers, people with particular relationships and intermediary organizations according to the law. It is strictly prohibited for judicial personnel to secretly contact the concerned parties and their lawyers, leak or make secretive inquiries about case details, accept dinner invitations or receive assets from them, introduce agency or defence business to lawyers and other such acts violating laws and regulations, firmly punish acts of judicial brokerage, prevent the transportation of interests.
Judicial personnel who were dismissed from office for violating laws or discipline, and lawyers and notaries public whose licence has been revoked will be prohibited to work in the legal profession for life, where it constitutes a crime, criminal liability must be prosecuted according to the law.
Firmly break through all kinds of unwritten rules, it is absolutely not permitted to bestow favours outside the law, it is absolutely not permitted to deal in guanxi cases, favour cases and money cases. Firmly oppose and overcome privileged thinking, a yamen work style and an overbearing work style, firmly oppose and punish crude law enforcement and cruel law enforcement. Implement zero-tolerance against corruption on the judicial sphere, and firmly eliminate the black sheep.
V, Strengthen the entire population’s rule of law consciousness, move the construction of a rule of law society forward.
The authority of the law springs from its endorsement in the people’s hearts and from their sincere belief. The people’s rights and interests must rely on legal guarantees, the authority of the law must rely on the people upholding it. We must carry forward the spirit of Socialist rule of law, build a Socialist rule of law culture, strengthen the vigour and initiative of the entire society to vigorously enforce the rule of law, shape a social atmosphere in which abiding by the law is honourable and violating the law is disgraceful, make the whole body of the people become faithful upholders, conscious observers and firm protectors of Socialist rule of law.
(1) Promote that the entire society establishes a rule of law consciousness. Firmly make popularizing the law and abiding by the law among all of the people into a long-term, basic work for ruling the country according to the law, deeply conduct rule of law propaganda and education, guide the entire people to consciously abide by the law, look for the law when encountering events and rely on the law in solving problems. Persist in making leading cadres take the lead in studying the law and be models of abiding by the law, make this into the crux of establishing a legal consciousness, perfect systems for State personnel to study the law and use the law, bring the Constitution and the laws into the content of central Party Committee (Party group_ study groups, and classify them as mandatory courses in Party Schools, administrative academies, cadre academies and Socialism academies. Bring rule of law education into the compulsory education system, grasp the matter from an early age, and set up rule of law knowledge classes in primary and secondary schools.
Complete legal popularization, propaganda and education mechanisms, all levels’ Party Committees and governments must strengthen leadership over law popularization work, propaganda, culture and education departments, as well as people’s organizations, must play a functional rule in legal popularization and education. Implement law popularization responsibility system in State organs where “who enforces the law, popularizes the law”, establish systems for judges, prosecutors, administrative law enforcement personnel, lawyers, etc., to explain the law through cases, strengthen the construction of legal popularization tutor groups and legal popularization volunteer teams. Bring rule of law education into the content of spiritual civilization construction, launch mass-type rule of law culture activities, complete legal systems for public interest media, strengthen the use of new media and new technologies in popularizing the law, raise the effect of legal popularization.
Firmly establish the idea that where there is power, there is responsibility, and where there are rights, there are obligations. Strengthen the construction of social honesty, complete legal compliance credit records of citizens and organizations, perfect commendation mechanisms for abiding by the law and punitive mechanisms for violating the law and breaking promises, make respecting the law and abiding by the law into a common pursuit and conscious act of the whole body of the people.
Strengthen the construction of citizens’ morality, carry forward China’s excellent traditional culture, strengthen the moral content of rule of law, strengthen a sense of rule, propose a spirit of agreement, carry forward the fine custom of public order. Give rein to the rule of law in resolving prominent problems in the area of morality, guide the people to consciously carry out their statutory duties, social responsibilities and household responsibilities.
(2) Move forward with governance according to the law at multiple levels and in multiple areas. Persist in systematic governance, governance according to the law, comprehensive governance, and governance from the source, raise the rule of law levels of social governance. Deeply launch rule of law creation activities at multiple levels and in multiple forms, deepen governance of grass roots organizations, departments and sectors according to the law, support all kinds of social subjects’ self-restraint and self-management. Give rein to the positive rule of residents’ conventions, village rules, sector rules, organizations’ charters and other social norms in social governance.
Give rein to the positive functions of people’s organizations and social organization in the construction of a rule of law society. Establish and complete mechanisms and institutional channels for social organizations to participate in social affairs, safeguard the public interests, assist masses in need, help particular groups, and prevent law-breaking and crime. Support sector associations and commercial association-type social organizations in playing a rule in self-discipline and specialist services. Give rein to the role of social organizations in guiding the actions of their members, regulating and restraining them, and safeguarding their rights and interests. Strengthen the management of foreign non-governmental organizations [operating] in China, guide and supervise their deploying activities according to the law.
Raise high the magnificent banner of the grand unity of the nation, appropriately deal with social problems involving ethnicity, religion and other such factors, and stimulate harmony in ethnic and religious relationships.
(3) Build perfect legal service systems. Move forward with the construction of a public legal service system covering urban and rural residents, strengthen legal services in the area of the people’s livelihood. Perfect legal aid systems, broaden the scope of aid, complete judicial relief systems, guarantee that the popular masses obtain timely and effective legal assistance when they encounter problems or their rights are harmed.
Develop the legal services industry including lawyers, notaries public, etc., comprehensively plan legal service resources in town and country, and across regions, develop the foreign-oriented legal services sector. Complete unified judicial testimony management systems.
(4) Complete mechanisms to uphold rights and mediate disputes according to the law. Strengthen the authoritative position of the law in safeguarding the interests of the masses and dissolving social contradictions, guide and support the people in expressing their claims rationally, uphold their rights and interests according to the law, and resolve well the most direct and the most acute problems of interest that the masses are most concerned about.
Build structures and systems that play a major role in safeguarding the masses’ rights and interests, establish and complete warning mechanisms for social contradictions, mechanisms to express interests, mechanisms for consultation and communication, and mechanisms for relief and assistance, open up legal channels for the masses to coordinate their interests and guarantee their rights. Bring petitioning onto rule of law tracks, ensure that reasonable and lawful claims can be brought to a reasonable and lawful conclusion according to legal provisions and procedures.
Complete mechanisms to prevent and dissolve social contradictions and disputes, perfect pluralized dispute resolution mechanisms that organically link and mutually coordinate mediation, arbitration, administrative rulings, administrative redress, litigation, etc. Strengthen the construction of sectoral and specialized people’s mediation organizations, perfect joint work systems for people’s mediation, administrative mediation and judicial mediation. Perfect arbitration systems, raise the credibility of arbitration. Complete administrative adjudication systems, strengthen the function of administrative bodies to resolve civil disputes that are closely connected with their administrative management activities.
Deeply move comprehensive public order governance forward, complete and implement leadership responsibility systems. Perfect three-dimensional public order prevention and control systems, effectively prevent, dissolve, manage and control problems influencing social stability, protect the safety of people’s lives and property. Sternly attack violence and terror, organized crime, heresy and pornography, gambling and drugs, and other unlawful and criminal activities according to the law, it is absolutely not permitted to create a climate for them. Strengthen governance over focus problems such as harm to food products and drug safety, influences on safe production, harm to the ecological environment, destruction of cybersecurity, etc.
VI, Strengthen the construction of rule of law work teams
To comprehensively move ruling the country according to the law forward, we must forcefully raise the ideological and political quality of rule of law work teams, their professional abilities and their levels of professional ethics, strive to build 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, and provide powerful organizational and talent guarantees to accelerate the construction of a Socialist rule of law country.
(1) Build high-quality specialist rule of law teams. Put ideological and political construction first, strengthen education on ideals and convictions, deeply launch education about the Socialist core value system and the concept of Socialist rule of law, persist in the supremacy of the Party’s undertaking, of the interests of the people and of the Constitution and the laws, strengthen the construction of legislation teams, administrative law enforcement teams and judicial teams. Grasp the crucial point of constructing leadership ranks at all levels’ legislative, law enforcement and judicial bodies, give prominence to political standards, appoint candidates who are good at using rule of law thinking and rule of law methods to promote work to leading positions. Open up circulation channels for cadres and talent between legislative, law enforcement and judicial departments, as well as cadres and talent from other departments who meet conditions.
Move forward with the regularization, specialization and professionalization of specialist rule of law teams, raise their professional quality and specialization levels. Perfect access systems for the legal profession, complete national uniform qualification and examination systems for the legal profession, establish uniform pre-appointment training systems for legal professionals. Establish systems to recruit legislative workers, judges and prosecutors from among lawyers and legal scholars and experts meeting conditions, open up channels for transferred military cadres meeting conditions to enter specialist rule of law teams, complete standardized and convenient mechanisms to recruit talents from among political-legal major graduates. Strengthen the construction of rule of law teams in border regions and ethnic regions. Accelerate the establishment of rule of law personnel management rules that conform to the characteristics of the profession, perfect professional protection systems, establish specialist job ranks and salary structures for judges, prosecutors and the people’s police.
Establish gradual selection systems for judges and prosecutors. Initially-appointed judges and prosecutors are recruited uniformly by higher People’s Courts and provincial-level People’s Procuratorates, and are appointed to grass-roots courts and procuratorates without exception. Judges and prosecutors for higher-level People’s Courts and People’s Procuratorates are generally selected from among excellent judges and prosecutors from the People’s Courts and People’s Procuratorates of one level lower.
(2) Strengthen the construction of legal service teams. Strengthen the ideological and political construction of lawyer teams, make endorsing the leadership of the Chinese Communist Party and endorsing Socialist rule of law into a basic requirement for lawyers’ employment, strengthen the broad lawyers’ consciousness and resolution about marching the path of Socialist rule of law with Chinese characteristics. Build lawyer teams with rational structures and mutual support between social lawyers, lawyers in public employment and corporate lawyers. Raise the professional quality of lawyer teams, perfect mechanisms for professional guarantees. Strengthen the management of lawyers’ chambers, give rein to the self-disciplinary role of the lawyers’ association, standardize lawyers’ professional conduct, supervise lawyers in strictly observing professional ethics and professional integrity, strengthen access and withdrawal management, strictly implement punitive systems for business violating laws and regulations. Strengthen Party building in the lawyer sector, broaden the Party’s work coverage, and realistically give rein to the political core role of Party organizations in lawyers’ chambers.
All levels’ Party and government bodies and public organizations have generally appointed publicly employed lawyers, and enterprises may appoint corporate lawyers, to participate in policymaking argumentation, provide legal opinions, stimulate conducting affairs according to the law, and prevent legal risks. Clarify the legal position of publicly employed lawyers and corporate lawyers, and their rights and obligations, rationalize management systems and mechanisms for publicly employed lawyers and corporate lawyers.
Develop notary public, grass roots legal service worker and people’s mediator teams. Promote the construction of legal service volunteer teams. Establish mechanisms to encourage legal service talents to circulate across regions, gradually solve the problems of high-level talent deficiency and insufficient legal service resources at the grass roots and in underdeveloped regions.
(3) Innovate rule of law fostering mechanisms. Persist in using Marxist legal thinking and the theory of Socialist rule of law with Chinese characteristics to occupy the legal education and legal research battlefield in tertiary education and research bodies in all directions, strengthen basic legal theory research, shape perfect legal theory systems, disciplinary systems and course systems for Socialism with Chinese characteristics, organize the compilation and the comprehensive use of national uniform specialized core textbooks, and bring them in the mandatory scope of the judicial examination. Persist in cultivating the young through virtue, and letting morality be the forerunner, promote that the Socialist rule of law theory with Chinese characteristics enters textbooks, enters classrooms and enters minds, and foster rule of law talents and reserve forces who are well acquainted with and persist in the Socialist rule of law system with Chinese characteristics. Establish foreign-oriented rule of law talent teams who thoroughly understand international legal rules and are good at dealing with foreign-oriented legal affairs.
Complete two-way interaction mechanisms between political-legal departments and personnel in legal institutes and legal research bodies, implement mutual appointment plans between tertiary education and rule of law work departments, focus on forging a line of high-level legal scholar and expert teams with firm political viewpoints, thick theoretical achievements, who are well acquainted with China’s national circumstances, and build teams of high-quality academic leaders, backbone teachers and full and part-time teachers.
VII, Strengthen and improve Party leadership over comprehensively moving ruling the country according to the law forward
The leadership of the Party is the most fundamental guarantee for comprehensively 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 let Party leadership penetrate into the entire process of comprehensively moving ruling the country according to the law forward.
(1) Persist in governing according to the law. Governing according to the law is the key of ruling the country according to the law. All levels’ Party organizations and leading cadres must deeply understand that safeguarding the authority of the Constitution and the laws means safeguarding the authority of the common will of the Party and the people, that defending the dignity of the Constitution and the laws is defending the dignity of the common will of the Party and the people, and that ensuring the implementation of the Constitution and the laws is the realization of the common will of the Party and the people. All levels’ leading cadres must cherish the law with a heart of reverence, keep firmly in mind that the legal red line cannot be exceeded, and that the legal baseline may not be touched, they must take the lead in abiding by the law, take the lead in conducting affairs acceding to the law, they may not exercise their power in violation of the law, and make certainly not let their word replace the law, use their power to suppress the law, or bend the law for relatives and friends.
Complete systems and work mechanisms for ruling the country according to the law under the leadership of the Party, perfect work mechanisms and procedures to guarantee that the Party determines the principles, policies and deployments for ruling the country according to the law. Strengthen unified leadership, unified deployments and comprehensive planning over comprehensively moving ruling the country according to the law forward. Perfect mechanisms for Party Committees to make policy decisions according to the law, give rein to the superiorities of both policies and laws, stimulate that Party policies and State laws are mutually connected and mutually supporting. Party Committees must regularly listen to political-legal bodies’ work reports, and be models of stimulating judicial fairness and upholding the authority of the law. Main responsible persons in Party and government must bear the duty of being the first responsible person for rule of law construction. All levels’ Party Committees must lead and support labour unions, the Communist Youth League, the Women’s Federation and other such people’s organizations and social organizations in playing a positive rule in ruling the country according to the law.
Party organizations and Party members and cadres in People’s Congresses, governments, consultative conferences, trial bodies and prosecutorial bodies must firmly implement the Party’s theory, line, principles and policies, and implement the policy decision and deployments of Party Committees. Party organizations in all levels’ People’s Congresses, governments, consultative conferences, trial bodies and prosecutorial bodies must lead and supervise their work unit’s role as a model of abiding by the Constitution and the laws, firmly investigating and prosecuting legal violations in law enforcement, unlawful use of power and other such acts.
Political-legal committees are the organizational form in which Party Committees lead political-legal work, this must be maintained for the long term. all levels’ Party Committees’ Political-Legal Committees must put the focus of their work on grasping political orientations, coordinating their functions in all areas, comprehensively planning political-legal work, building political-legal teams and supervising implementation according to the law, creating a fair judicial environment, taking the lead in conducting affairs according to the law, and guaranteeing that the Constitution and the laws are implemented correctly and uniformly. Political-legal bodies’ Party organizations must establish and complete systems to report major affairs to the Party Committee. Strengthen Party building in political-legal bodies, fully give rein to the political-legal guarantee role of Party organizations in rule of law construction, and the pioneering example role of Party members.
(2) Strengthen the construction of intra-Party regulatory structures. Intra-Party regulation is an important basis for managing and governing the Party, as well as a powerful guarantee for building a Socialist rule of law country. The Party Constitution is the most fundamental intra-Party regulation, the entire Party must strictly implement it. Perfect intra-Party regulation formulation systems and mechanisms, expand intra-Party regulation filing, inspection and interpretation strength, shape complementary and perfect intra-Party regulation structures and systems. Pay attention to linking and coordinating intra-Party regulations with State laws, raise the implementation strength of intra-Party regulations, use intra-Party regulations to sufficiently ensure that the Party must manage the Party, and the Party must be governed strictly, simulate Party members and cadres to take the lead in abiding by State laws and regulations.
Party discipline is an intra-Party convention. Party regulations and Party discipline are stricter than State laws, all levels’ Party organizations and the broad Party members and cadres must not only be models of abiding by State laws, they must also put strict demands on themselves according to the even higher standards of Party regulations and Party discipline, they must strengthen their ideals and convictions, put the purpose of the Party into practice, and firmly struggle with acts violating law and discipline. Acts violating Party regulations and Party discipline must be dealt with severely, symptomatic and tendentious problems must be grasped early, when they are small, in order to prevent that small mistakes ferment into big mistakes, and violation of discipline becomes violation of the law.
Oppose and overcome formalism, bureaucratism, hedonism and extravagant tendencies according to discipline and according to the law, create strict, long-term mechanisms. Perfect and strictly implement regulatory structures for leading cadres in terms of politics, work and remuneration, strive to deal with all sorts of acts of privilege. Deeply launch the construction of a clean Party work style and anti-corruption, strictly implement the dominant responsibilities of Party Committees in clean Party work style construction and supervisory responsibilities of discipline inspection committees, any corrupt act or corrupt element must be firmly punished according to discipline and according to the law, we must certainly not be soft-hearted
(3) Raise the rule of law thinking of Party members and cadres, and their ability to conduct affairs according to the law. Party members and cadres are important organizers, promoters and practitioners in comprehensively moving ruling the country according to the law forward, they must consciously raise their ability to utilize rule of law thinking and methods to deepen reform, promote development, dissolve contradictions and safeguard stability, high-level cadres especially must set the example, so that the higher levels lead the lower levels. Make achievements of rule of law construction into an important content to measure the work achievements of all levels’ leadership ranks and leading cadres, bring it into the career achievement assessment indicator system. Make whether or not someone is able to abide by the law and conduct affairs according to the law into an important content to evaluate cadres, under identical conditions, give priority to appointing cadres with good accomplishments in using the rule of law, and have a strong ability to conduct affairs according to the law. Cadres who display grave privileged thinking, and whose sense of rule of law is vague must be criticized and educated, and those who do not correct themselves must be transferred out of leading positions.
(4) Move the legalization of grass roots governance forward. To comprehensively move ruling the country according to the law forward, the basis lies at the grass roots, and the focus point of work lies with the grass roots. Give rein to the fighting fortress role of grass roots Party organizations in comprehensively moving ruling the country according to the law forward, strengthen grass roots cadres’ sense of the rule of law and their consciousness about rule of law for the sake of the people, and raise their ability to conduct affairs according to the law. Strengthen the construction of grass roots rule of law bodies, strengthen grass roots rule of law teams, establish rule of law work mechanisms where the centre of gravity is moved downwards and forces are brought downwards, improve grass roots infrastructure and equipment conditions, promote rule of law cadres’ being active at the grass roots.
(5) Deeply move forward with ruling the Army according to the law, and ruling the Army strictly. The Party’s absolute leadership over the Army is a core and fundamental need for ruling the Army according to the law. Closely concentrate on the Party’s strong military objectives under new circumstances, focus on comprehensively strengthening the revolutionization, modernization, regularization and construction of the military, innovate theories and practices to govern the Army according to the law, build and perfect military rule of law systems with Chinese characteristics, raise the capacity to legalize national defence and military construction.
Persist in vigorously and securely moving national defence and military reform forward along rule of law rails, deepen reform of military leadership and command structures, force composition, policy structures and other such areas, accelerate the perfection and development of a Socialist military system with Chinese characteristics.
Complete military regulatory structures and systems that are adapted to the construction of a modern military and the demands of waging war, strictly standardize the powers and procedures to formulate military regulations and structures, bring all military normative documents into the scope of inspection, perfect inspection systems, strengthen the scientific nature, focus and applicability of military regulations and structures.
Persist in strictly governing the Army with iron discipline, expand the implementation strength of military regulations, clarify law enforcement responsibilities, perfect law enforcement systems, complete law enforcement supervision mechanisms, strictly investigate responsibilities, promote the satisfactory implementation of ruling the Army according to the law.
Complete military legal system work structures, establish and perfect legal work organs in leading organs. Reform military judicial systems and mechanisms, perfect uniformly led military judicial and prosecutorial systems, safeguard the interests of national defence, guarantee the lawful rights and interests of soldiers, prevent attacks, law-breaking and crime. Establish a military legal advisor system, install military legal advisors in all leadership bodies, perfect legal consulting guarantee systems for major policy decisions and military actions. Reform military discipline inspection and supervision systems.
Strengthen the rule of law consciousness and rule of law accomplishments of officers and other ranks, bring the study of legal knowledge into the military school education system, cadre theory study and military training system, classify it as a mandatory course for military academy students and military officers and other ranks. Perfect military legal talent training mechanisms. Strengthen research on military rule of law theory.
(6) Guarantee the practice of “one country, two systems” according to the law and move forward the unity of the motherland. Persist in the fact that the Constitution has the highest legal position and the highest legal effect, comprehensively and accurately implement “one country, two systems”, “Hong Kongers govern Hong Kong”, “Macanese govern Macau”, and the policies of high levels of autonomy, conduct affairs strictly according to the Constitution and the Basic Laws, perfect systems and mechanisms connected to the implementation of the Basic Laws, exercise central powers according to the law, guarantee a high level of autonomy according to the law, support the Special Administrative Regions’ Chief Executives and governments in governing according to the law, guarantee the development of economic and trade relationships between the mainland, Hong Kong and Macau, and of exchange and cooperation in all areas, prevent and oppose interference by foreign powers in Hong Kong and Macau affairs, guarantee that Hong Kong and Macau remain flourishing and stable in the long run.
Use rule of law methods to consolidate and deepen the peaceful development of relationships across the Taiwan Straits, perfect Taiwan-related laws and regulations, standardize and guarantee the relationship of the people across the Straits according to the law, move exchange and cooperation across the Straits forward. Use legal methods to defend the One China Principle and to oppose “Taiwanese Independence”, enhance and safeguard the common understanding of the One China framework, move the peaceful unification of the motherland forward.
Protect the rights and interests of Hong Kong and Macau compatriots, and Taiwan compatriots according to the law. Strengthen law enforcement and judicial cooperation between the mainland, Hong Kong, Macau and Taiwan, jointly attack cross-border unlawful and criminal activities.
(7) Strengthen foreign-related legal work. Adapt to the incessant deepening of opening up to the outside world, perfect foreign-oriented legal and regulatory systems, stimulate the construction of new structures for an open economy. Vigorously participate in the formulation of international norms, promote the handling of foreign-related economic and social affairs according to the law, strengthen our country’s discourse power and influence in international legal affairs, use legal methods to safeguard our country’s sovereignty, security and development interests. Strengthen foreign-related legal services, safeguard the proper interests of our country’s citizens and legal persons abroad, and foreign citizens and legal person in our country, safeguard the rights and interests of overseas compatriots according to the law. Deepen international cooperation in the judicial area, perfect our country’s judicial assistance systems, and expand the coverage of international judicial assistance. Strengthen international cooperation on anti-corruption, expand strength to pursue stolen goods and fugitives overseas, as well as for repatriation and extradition. Vigorously participate in international cooperation concerning law enforcement security, jointly attack forces of violent terror, ethnic separatist forces, religious extremist forces, drug smuggling and cross-border organized crime.
All levels’ Party Committees must completely and correctly implement the spirit of this Decision, complete responsibility implementation systems with uniform leadership and responsibility from various sides according to the division of work, with joint management, formulate implementation plans and guarantee the satisfactory implementation of all deployments.
The comrades of the entire Party and the people of all ethnicities in the entire country must closely unite around the Party Centre with Comrade Xi Jinping as General Secretary, hold 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, do solid work, and struggle to build a rule of law China!
12 thoughts on “CCP Central Committee Decision concerning Some Major Questions in Comprehensively Moving Governing the Country According to the law Forward”
October 29, 2014 at 12:30 pm
[…] kommunikén finns i engelsk översättning tack vare bloggen China Copyright and […]
October 29, 2014 at 12:32 pm
[…] the Party Central Committee unveiled the fruit of its rule-of-law-themed Fourth Plenum meeting, the Decision Concerning Some Major Questions in Comprehensively Moving Governing the Country According t…. This builds on last week’s Official Central Party Communiqué, which provided a broad […]
October 29, 2014 at 1:12 pm
[…] But while you wait, there are a number of official summaries and interpretations that might be helpful in unpacking the significance of this document, which the China Copyright and Media blog has already — at great pain and sacrifice — translated into (something as near as possible resembling) English. […]
October 30, 2014 at 12:42 am
Rule of law with Chinese characteristics must include greater access to justice, transparency, and accountability.
October 30, 2014 at 11:41 am
[…] Translation ongoing – last update 10:30 UK time Passed on 23 October at the 4th Plenary Session of the 18th Central Committee of the Chinese Communist Party In order to implement the strategic depl… from China Studies at Leiden University https://chinacopyrightandmedia.wordpress.com/2014/10/28/ccp-central-committee-decision-concerning-som… […]
November 3, 2014 at 7:00 pm
[…] to the Party’s own opaque and abuse-prone Central Commission for Discipline Inspection. A formal statement from the Fourth Plenum confirmed as much, saying: “Governance according to the law requires that the Party governs […]
November 4, 2014 at 3:17 am
[…] Plenum Communique (now nearly forgotten) is a set of high level bullet points. The 4th Plenum Decision, released late on 28 October, is something akin to a memorandum of understanding (MOU), […]
November 5, 2014 at 4:01 pm
[…] socialista, e quindi una immunità per le figure di spicco rispetto alla questione della legge, molti ufficiali temono che le aspettative della popolazione rispetto alla Rule of Law possano essere diverse e creare […]
November 12, 2014 at 12:03 pm
[…] “Limitare l’interferenza dei funzionari locali nell’attività dei tribunali che operano nelle zone sotto la loro amministrazione”, “promuovere una giurisprudenza che sia conforme ai principi della Costituzione”, e “creare un corpo professionale di giudici e operatori della giustizia” sono i tre elementi più importanti che emergono dal testo delle delibere. […]
December 3, 2014 at 9:43 am
[…]  https://chinacopyrightandmedia.wordpress.com/2014/10/28/ccp-central-committee-decision-concerning-som… […]
December 18, 2014 at 4:46 pm
[…] We plaatsen hier een link naar de originele Chinese tekst, voorafgegaan door de Engelse vertaling verzorgd door China Copyright and Media. We geven ook een ingekorte Nederlandse vertaling. Zodra we over een officieel goedgekeurde Engelse vertaling beschikken, zullen we die op ChinaSquare.be plaatsen. https://chinacopyrightandmedia.wordpress.com/2014/10/28/ccp-central-committee-decision-concerning-so… […]
February 20, 2015 at 2:56 am
[…] CCP Central Committee Decision concerning Some Major Questions in Comprehensively Moving Governing the Country According to the law Forward: An early English translation of General Secretary Xi Jinping’s “Explanation” of the just-issued “Decision” of the Fourth Plenum of the 18th CCPCentral Committee, dealing with Governing the Nation According to Law. Xi issued a functionally comparable “Explanation” last year, immediately following the huge Decision on economic reform at the Third Plenum. This “Explanation” is worth examining, for its insights into how the Party leadership comes up with major documents like the “Decision.” China Copyright and Media […]