CCP Central Committee Decision concerning Some Major Questions in Comprehensively Moving Governing the Country According to the law Forward

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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!

 

中共中央关于全面推进依法治国若干重大问题的决定

(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)

为贯彻落实党的十八大作出的战略部署,加快建设社会主义法治国家,十八届中央委员会第四次全体会议研究了全面推进依法治国若干重大问题,作出如下决定。

一、坚持走中国特色社会主义法治道路,建设中国特色社会主义法治体系

依法治国,是坚持和发展中国特色社会主义的本质要求和重要保障,是实现国家治理体系和治理能力现代化的必然要求,事关我们党执政兴国,事关人民幸福安康,事关党和国家长治久安。

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。

我国正处于社会主义初级阶段,全面建成小康社会进入决定性阶段,改革进入攻坚期和深水区,国际形势复杂多变,我们党面对的改革发展稳定任务之重前所未有、矛盾风险挑战之多前所未有,依法治国在党和国家工作全局中的地位更加突出、作用更加重大。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。

我们党高度重视法治建设。长期以来,特别是党的十一届三中全会以来,我们党深刻总结我国社会主义法治建设的成功经验和深刻教训,提出为了保障人民民主,必须加强法治,必须使民主制度化、法律化,把依法治国确定为党领导人民治理国家的基本方略,把依法执政确定为党治国理政的基本方式,积极建设社会主义法治,取得历史性成就。目前,中国特色社会主义法律体系已经形成,法治政府建设稳步推进,司法体制不断完善,全社会法治观念明显增强。

同时,必须清醒看到,同党和国家事业发展要求相比,同人民群众期待相比,同推进国家治理体系和治理能力现代化目标相比,法治建设还存在许多不适应、不符合的问题,主要表现为:有的法律法规未能全面反映客观规律和人民意愿,针对性、可操作性不强,立法工作中部门化倾向、争权诿责现象较为突出;有法不依、执法不严、违法不究现象比较严重,执法体制权责脱节、多头执法、选择性执法现象仍然存在,执法司法不规范、不严格、不透明、不文明现象较为突出,群众对执法司法不公和腐败问题反映强烈;部分社会成员尊法信法守法用法、依法维权意识不强,一些国家工作人员特别是领导干部依法办事观念不强、能力不足,知法犯法、以言代法、以权压法、徇私枉法现象依然存在。这些问题,违背社会主义法治原则,损害人民群众利益,妨碍党和国家事业发展,必须下大气力加以解决。

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,必须坚持以下原则。

——坚持中国共产党的领导。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。必须坚持党领导立法、保证执法、支持司法、带头守法,把依法治国基本方略同依法执政基本方式统一起来,把党总揽全局、协调各方同人大、政府、政协、审判机关、检察机关依法依章程履行职能、开展工作统一起来,把党领导人民制定和实施宪法法律同党坚持在宪法法律范围内活动统一起来,善于使党的主张通过法定程序成为国家意志,善于使党组织推荐的人选通过法定程序成为国家政权机关的领导人员,善于通过国家政权机关实施党对国家和社会的领导,善于运用民主集中制原则维护中央权威、维护全党全国团结统一。

——坚持人民主体地位。人民是依法治国的主体和力量源泉,人民代表大会制度是保证人民当家作主的根本政治制度。必须坚持法治建设为了人民、依靠人民、造福人民、保护人民,以保障人民根本权益为出发点和落脚点,保证人民依法享有广泛的权利和自由、承担应尽的义务,维护社会公平正义,促进共同富裕。必须保证人民在党的领导下,依照法律规定,通过各种途径和形式管理国家事务,管理经济文化事业,管理社会事务。必须使人民认识到法律既是保障自身权利的有力武器,也是必须遵守的行为规范,增强全社会学法尊法守法用法意识,使法律为人民所掌握、所遵守、所运用。

——坚持法律面前人人平等。平等是社会主义法律的基本属性。任何组织和个人都必须尊重宪法法律权威,都必须在宪法法律范围内活动,都必须依照宪法法律行使权力或权利、履行职责或义务,都不得有超越宪法法律的特权。必须维护国家法制统一、尊严、权威,切实保证宪法法律有效实施,绝不允许任何人以任何借口任何形式以言代法、以权压法、徇私枉法。必须以规范和约束公权力为重点,加大监督力度,做到有权必有责、用权受监督、违法必追究,坚决纠正有法不依、执法不严、违法不究行为。

——坚持依法治国和以德治国相结合。国家和社会治理需要法律和道德共同发挥作用。必须坚持一手抓法治、一手抓德治,大力弘扬社会主义核心价值观,弘扬中华传统美德,培育社会公德、职业道德、家庭美德、个人品德,既重视发挥法律的规范作用,又重视发挥道德的教化作用,以法治体现道德理念、强化法律对道德建设的促进作用,以道德滋养法治精神、强化道德对法治文化的支撑作用,实现法律和道德相辅相成、法治和德治相得益彰。

——坚持从中国实际出发。中国特色社会主义道路、理论体系、制度是全面推进依法治国的根本遵循。必须从我国基本国情出发,同改革开放不断深化相适应,总结和运用党领导人民实行法治的成功经验,围绕社会主义法治建设重大理论和实践问题,推进法治理论创新,发展符合中国实际、具有中国特色、体现社会发展规律的社会主义法治理论,为依法治国提供理论指导和学理支撑。汲取中华法律文化精华,借鉴国外法治有益经验,但决不照搬外国法治理念和模式。

全面推进依法治国是一个系统工程,是国家治理领域一场广泛而深刻的革命,需要付出长期艰苦努力。全党同志必须更加自觉地坚持依法治国、更加扎实地推进依法治国,努力实现国家各项工作法治化,向着建设法治中国不断前进。

二、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

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。

(一)健全宪法实施和监督制度。宪法是党和人民意志的集中体现,是通过科学民主程序形成的根本法。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。全国各族人民、一切国家机关和武装力量、各政党和各社会团体、各企业事业组织,都必须以宪法为根本的活动准则,并且负有维护宪法尊严、保证宪法实施的职责。一切违反宪法的行为都必须予以追究和纠正。

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。加强备案审查制度和能力建设,把所有规范性文件纳入备案审查范围,依法撤销和纠正违宪违法的规范性文件,禁止地方制发带有立法性质的文件。

将每年十二月四日定为国家宪法日。在全社会普遍开展宪法教育,弘扬宪法精神。建立宪法宣誓制度,凡经人大及其常委会选举或者决定任命的国家工作人员正式就职时公开向宪法宣誓。

(二)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。凡立法涉及重大体制和重大政策调整的,必须报党中央讨论决定。党中央向全国人大提出宪法修改建议,依照宪法规定的程序进行宪法修改。法律制定和修改的重大问题由全国人大常委会党组向党中央报告。

健全有立法权的人大主导立法工作的体制机制,发挥人大及其常委会在立法工作中的主导作用。建立由全国人大相关专门委员会、全国人大常委会法制工作委员会组织有关部门参与起草综合性、全局性、基础性等重要法律草案制度。增加有法治实践经验的专职常委比例。依法建立健全专门委员会、工作委员会立法专家顾问制度。

加强和改进政府立法制度建设,完善行政法规、规章制定程序,完善公众参与政府立法机制。重要行政管理法律法规由政府法制机构组织起草。

明确立法权力边界,从体制机制和工作程序上有效防止部门利益和地方保护主义法律化。对部门间争议较大的重要立法事项,由决策机关引入第三方评估,充分听取各方意见,协调决定,不能久拖不决。加强法律解释工作,及时明确法律规定含义和适用法律依据。明确地方立法权限和范围,依法赋予设区的市地方立法权。

(三)深入推进科学立法、民主立法。加强人大对立法工作的组织协调,健全立法起草、论证、协调、审议机制,健全向下级人大征询立法意见机制,建立基层立法联系点制度,推进立法精细化。健全法律法规规章起草征求人大代表意见制度,增加人大代表列席人大常委会会议人数,更多发挥人大代表参与起草和修改法律作用。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。探索委托第三方起草法律法规草案。

健全立法机关和社会公众沟通机制,开展立法协商,充分发挥政协委员、民主党派、工商联、无党派人士、人民团体、社会组织在立法协商中的作用,探索建立有关国家机关、社会团体、专家学者等对立法中涉及的重大利益调整论证咨询机制。拓宽公民有序参与立法途径,健全法律法规规章草案公开征求意见和公众意见采纳情况反馈机制,广泛凝聚社会共识。

完善法律草案表决程序,对重要条款可以单独表决。

(四)加强重点领域立法。依法保障公民权利,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,实现公民权利保障法治化。增强全社会尊重和保障人权意识,健全公民权利救济渠道和方式。

社会主义市场经济本质上是法治经济。使市场在资源配置中起决定性作用和更好发挥政府作用,必须以保护产权、维护契约、统一市场、平等交换、公平竞争、有效监管为基本导向,完善社会主义市场经济法律制度。健全以公平为核心原则的产权保护制度,加强对各种所有制经济组织和自然人财产权的保护,清理有违公平的法律法规条款。创新适应公有制多种实现形式的产权保护制度,加强对国有、集体资产所有权、经营权和各类企业法人财产权的保护。国家保护企业以法人财产权依法自主经营、自负盈亏,企业有权拒绝任何组织和个人无法律依据的要求。加强企业社会责任立法。完善激励创新的产权制度、知识产权保护制度和促进科技成果转化的体制机制。加强市场法律制度建设,编纂民法典,制定和完善发展规划、投资管理、土地管理、能源和矿产资源、农业、财政税收、金融等方面法律法规,促进商品和要素自由流动、公平交易、平等使用。依法加强和改善宏观调控、市场监管,反对垄断,促进合理竞争,维护公平竞争的市场秩序。加强军民融合深度发展法治保障。

制度化、规范化、程序化是社会主义民主政治的根本保障。以保障人民当家作主为核心,坚持和完善人民代表大会制度,坚持和完善中国共产党领导的多党合作和政治协商制度、民族区域自治制度以及基层群众自治制度,推进社会主义民主政治法治化。加强社会主义协商民主制度建设,推进协商民主广泛多层制度化发展,构建程序合理、环节完整的协商民主体系。完善和发展基层民主制度,依法推进基层民主和行业自律,实行自我管理、自我服务、自我教育、自我监督。完善国家机构组织法,完善选举制度和工作机制。加快推进反腐败国家立法,完善惩治和预防腐败体系,形成不敢腐、不能腐、不想腐的有效机制,坚决遏制和预防腐败现象。完善惩治贪污贿赂犯罪法律制度,把贿赂犯罪对象由财物扩大为财物和其他财产性利益。

建立健全坚持社会主义先进文化前进方向、遵循文化发展规律、有利于激发文化创造活力、保障人民基本文化权益的文化法律制度。制定公共文化服务保障法,促进基本公共文化服务标准化、均等化。制定文化产业促进法,把行之有效的文化经济政策法定化,健全促进社会效益和经济效益有机统一的制度规范。制定国家勋章和国家荣誉称号法,表彰有突出贡献的杰出人士。加强互联网领域立法,完善网络信息服务、网络安全保护、网络社会管理等方面的法律法规,依法规范网络行为。

加快保障和改善民生、推进社会治理体制创新法律制度建设。依法加强和规范公共服务,完善教育、就业、收入分配、社会保障、医疗卫生、食品安全、扶贫、慈善、社会救助和妇女儿童、老年人、残疾人合法权益保护等方面的法律法规。加强社会组织立法,规范和引导各类社会组织健康发展。制定社区矫正法。

贯彻落实总体国家安全观,加快国家安全法治建设,抓紧出台反恐怖等一批急需法律,推进公共安全法治化,构建国家安全法律制度体系。

用严格的法律制度保护生态环境,加快建立有效约束开发行为和促进绿色发展、循环发展、低碳发展的生态文明法律制度,强化生产者环境保护的法律责任,大幅度提高违法成本。建立健全自然资源产权法律制度,完善国土空间开发保护方面的法律制度,制定完善生态补偿和土壤、水、大气污染防治及海洋生态环境保护等法律法规,促进生态文明建设。

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。实践证明行之有效的,要及时上升为法律。实践条件还不成熟、需要先行先试的,要按照法定程序作出授权。对不适应改革要求的法律法规,要及时修改和废止。

三、深入推进依法行政,加快建设法治政府

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,创新执法体制,完善执法程序,推进综合执法,严格执法责任,建立权责统一、权威高效的依法行政体制,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。

(一)依法全面履行政府职能。完善行政组织和行政程序法律制度,推进机构、职能、权限、程序、责任法定化。行政机关要坚持法定职责必须为、法无授权不可为,勇于负责、敢于担当,坚决纠正不作为、乱作为,坚决克服懒政、怠政,坚决惩处失职、渎职。行政机关不得法外设定权力,没有法律法规依据不得作出减损公民、法人和其他组织合法权益或者增加其义务的决定。推行政府权力清单制度,坚决消除权力设租寻租空间。

推进各级政府事权规范化、法律化,完善不同层级政府特别是中央和地方政府事权法律制度,强化中央政府宏观管理、制度设定职责和必要的执法权,强化省级政府统筹推进区域内基本公共服务均等化职责,强化市县政府执行职责。

(二)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,确保决策制度科学、程序正当、过程公开、责任明确。建立行政机关内部重大决策合法性审查机制,未经合法性审查或经审查不合法的,不得提交讨论。

积极推行政府法律顾问制度,建立政府法制机构人员为主体、吸收专家和律师参加的法律顾问队伍,保证法律顾问在制定重大行政决策、推进依法行政中发挥积极作用。

建立重大决策终身责任追究制度及责任倒查机制,对决策严重失误或者依法应该及时作出决策但久拖不决造成重大损失、恶劣影响的,严格追究行政首长、负有责任的其他领导人员和相关责任人员的法律责任。

(三)深化行政执法体制改革。根据不同层级政府的事权和职能,按照减少层次、整合队伍、提高效率的原则,合理配置执法力量。

推进综合执法,大幅减少市县两级政府执法队伍种类,重点在食品药品安全、工商质检、公共卫生、安全生产、文化旅游、资源环境、农林水利、交通运输、城乡建设、海洋渔业等领域内推行综合执法,有条件的领域可以推行跨部门综合执法。

完善市县两级政府行政执法管理,加强统一领导和协调。理顺行政强制执行体制。理顺城管执法体制,加强城市管理综合执法机构建设,提高执法和服务水平。

严格实行行政执法人员持证上岗和资格管理制度,未经执法资格考试合格,不得授予执法资格,不得从事执法活动。严格执行罚缴分离和收支两条线管理制度,严禁收费罚没收入同部门利益直接或者变相挂钩。

健全行政执法和刑事司法衔接机制,完善案件移送标准和程序,建立行政执法机关、公安机关、检察机关、审判机关信息共享、案情通报、案件移送制度,坚决克服有案不移、有案难移、以罚代刑现象,实现行政处罚和刑事处罚无缝对接。

(四)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。完善执法程序,建立执法全过程记录制度。明确具体操作流程,重点规范行政许可、行政处罚、行政强制、行政征收、行政收费、行政检查等执法行为。严格执行重大执法决定法制审核制度。

建立健全行政裁量权基准制度,细化、量化行政裁量标准,规范裁量范围、种类、幅度。加强行政执法信息化建设和信息共享,提高执法效率和规范化水平。

全面落实行政执法责任制,严格确定不同部门及机构、岗位执法人员执法责任和责任追究机制,加强执法监督,坚决排除对执法活动的干预,防止和克服地方和部门保护主义,惩治执法腐败现象。

(五)强化对行政权力的制约和监督。加强党内监督、人大监督、民主监督、行政监督、司法监督、审计监督、社会监督、舆论监督制度建设,努力形成科学有效的权力运行制约和监督体系,增强监督合力和实效。

加强对政府内部权力的制约,是强化对行政权力制约的重点。对财政资金分配使用、国有资产监管、政府投资、政府采购、公共资源转让、公共工程建设等权力集中的部门和岗位实行分事行权、分岗设权、分级授权,定期轮岗,强化内部流程控制,防止权力滥用。完善政府内部层级监督和专门监督,改进上级机关对下级机关的监督,建立常态化监督制度。完善纠错问责机制,健全责令公开道歉、停职检查、引咎辞职、责令辞职、罢免等问责方式和程序。

完善审计制度,保障依法独立行使审计监督权。对公共资金、国有资产、国有资源和领导干部履行经济责任情况实行审计全覆盖。强化上级审计机关对下级审计机关的领导。探索省以下地方审计机关人财物统一管理。推进审计职业化建设。

(六)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。各级政府及其工作部门依据权力清单,向社会全面公开政府职能、法律依据、实施主体、职责权限、管理流程、监督方式等事项。重点推进财政预算、公共资源配置、重大建设项目批准和实施、社会公益事业建设等领域的政府信息公开。

涉及公民、法人或其他组织权利和义务的规范性文件,按照政府信息公开要求和程序予以公布。推行行政执法公示制度。推进政务公开信息化,加强互联网政务信息数据服务平台和便民服务平台建设。

四、保证公正司法,提高司法公信力

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。

(一)完善确保依法独立公正行使审判权和检察权的制度。各级党政机关和领导干部要支持法院、检察院依法独立公正行使职权。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。任何党政机关和领导干部都不得让司法机关做违反法定职责、有碍司法公正的事情,任何司法机关都不得执行党政机关和领导干部违法干预司法活动的要求。对干预司法机关办案的,给予党纪政纪处分;造成冤假错案或者其他严重后果的,依法追究刑事责任。

健全行政机关依法出庭应诉、支持法院受理行政案件、尊重并执行法院生效裁判的制度。完善惩戒妨碍司法机关依法行使职权、拒不执行生效裁判和决定、藐视法庭权威等违法犯罪行为的法律规定。

建立健全司法人员履行法定职责保护机制。非因法定事由,非经法定程序,不得将法官、检察官调离、辞退或者作出免职、降级等处分。

(二)优化司法职权配置。健全公安机关、检察机关、审判机关、司法行政机关各司其职,侦查权、检察权、审判权、执行权相互配合、相互制约的体制机制。

完善司法体制,推动实行审判权和执行权相分离的体制改革试点。完善刑罚执行制度,统一刑罚执行体制。改革司法机关人财物管理体制,探索实行法院、检察院司法行政事务管理权和审判权、检察权相分离。

最高人民法院设立巡回法庭,审理跨行政区域重大行政和民商事案件。探索设立跨行政区划的人民法院和人民检察院,办理跨地区案件。完善行政诉讼体制机制,合理调整行政诉讼案件管辖制度,切实解决行政诉讼立案难、审理难、执行难等突出问题。

改革法院案件受理制度,变立案审查制为立案登记制,对人民法院依法应该受理的案件,做到有案必立、有诉必理,保障当事人诉权。加大对虚假诉讼、恶意诉讼、无理缠诉行为的惩治力度。完善刑事诉讼中认罪认罚从宽制度。

完善审级制度,一审重在解决事实认定和法律适用,二审重在解决事实法律争议、实现二审终审,再审重在解决依法纠错、维护裁判权威。完善对涉及公民人身、财产权益的行政强制措施实行司法监督制度。检察机关在履行职责中发现行政机关违法行使职权或者不行使职权的行为,应该督促其纠正。探索建立检察机关提起公益诉讼制度。

明确司法机关内部各层级权限,健全内部监督制约机制。司法机关内部人员不得违反规定干预其他人员正在办理的案件,建立司法机关内部人员过问案件的记录制度和责任追究制度。完善主审法官、合议庭、主任检察官、主办侦查员办案责任制,落实谁办案谁负责。

加强职务犯罪线索管理,健全受理、分流、查办、信息反馈制度,明确纪检监察和刑事司法办案标准和程序衔接,依法严格查办职务犯罪案件。

(三)推进严格司法。坚持以事实为根据、以法律为准绳,健全事实认定符合客观真相、办案结果符合实体公正、办案过程符合程序公正的法律制度。加强和规范司法解释和案例指导,统一法律适用标准。

推进以审判为中心的诉讼制度改革,确保侦查、审查起诉的案件事实证据经得起法律的检验。全面贯彻证据裁判规则,严格依法收集、固定、保存、审查、运用证据,完善证人、鉴定人出庭制度,保证庭审在查明事实、认定证据、保护诉权、公正裁判中发挥决定性作用。

明确各类司法人员工作职责、工作流程、工作标准,实行办案质量终身负责制和错案责任倒查问责制,确保案件处理经得起法律和历史检验。

(四)保障人民群众参与司法。坚持人民司法为人民,依靠人民推进公正司法,通过公正司法维护人民权益。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,保障公民陪审权利,扩大参审范围,完善随机抽选方式,提高人民陪审制度公信度。逐步实行人民陪审员不再审理法律适用问题,只参与审理事实认定问题。

构建开放、动态、透明、便民的阳光司法机制,推进审判公开、检务公开、警务公开、狱务公开,依法及时公开执法司法依据、程序、流程、结果和生效法律文书,杜绝暗箱操作。加强法律文书释法说理,建立生效法律文书统一上网和公开查询制度。

(五)加强人权司法保障。强化诉讼过程中当事人和其他诉讼参与人的知情权、陈述权、辩护辩论权、申请权、申诉权的制度保障。健全落实罪刑法定、疑罪从无、非法证据排除等法律原则的法律制度。完善对限制人身自由司法措施和侦查手段的司法监督,加强对刑讯逼供和非法取证的源头预防,健全冤假错案有效防范、及时纠正机制。

切实解决执行难,制定强制执行法,规范查封、扣押、冻结、处理涉案财物的司法程序。加快建立失信被执行人信用监督、威慑和惩戒法律制度。依法保障胜诉当事人及时实现权益。

落实终审和诉讼终结制度,实行诉访分离,保障当事人依法行使申诉权利。对不服司法机关生效裁判、决定的申诉,逐步实行由律师代理制度。对聘不起律师的申诉人,纳入法律援助范围。

(六)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,重点监督检察机关查办职务犯罪的立案、羁押、扣押冻结财物、起诉等环节的执法活动。司法机关要及时回应社会关切。规范媒体对案件的报道,防止舆论影响司法公正。

依法规范司法人员与当事人、律师、特殊关系人、中介组织的接触、交往行为。严禁司法人员私下接触当事人及律师、泄露或者为其打探案情、接受吃请或者收受其财物、为律师介绍代理和辩护业务等违法违纪行为,坚决惩治司法掮客行为,防止利益输送。

对因违法违纪被开除公职的司法人员、吊销执业证书的律师和公证员,终身禁止从事法律职业,构成犯罪的要依法追究刑事责任。

坚决破除各种潜规则,绝不允许法外开恩,绝不允许办关系案、人情案、金钱案。坚决反对和克服特权思想、衙门作风、霸道作风,坚决反对和惩治粗暴执法、野蛮执法行为。对司法领域的腐败零容忍,坚决清除害群之马。

五、增强全民法治观念,推进法治社会建设

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。

(一)推动全社会树立法治意识。坚持把全民普法和守法作为依法治国的长期基础性工作,深入开展法治宣传教育,引导全民自觉守法、遇事找法、解决问题靠法。坚持把领导干部带头学法、模范守法作为树立法治意识的关键,完善国家工作人员学法用法制度,把宪法法律列入党委(党组)中心组学习内容,列为党校、行政学院、干部学院、社会主义学院必修课。把法治教育纳入国民教育体系,从青少年抓起,在中小学设立法治知识课程。

健全普法宣传教育机制,各级党委和政府要加强对普法工作的领导,宣传、文化、教育部门和人民团体要在普法教育中发挥职能作用。实行国家机关“谁执法谁普法”的普法责任制,建立法官、检察官、行政执法人员、律师等以案释法制度,加强普法讲师团、普法志愿者队伍建设。把法治教育纳入精神文明创建内容,开展群众性法治文化活动,健全媒体公益普法制度,加强新媒体新技术在普法中的运用,提高普法实效。

牢固树立有权力就有责任、有权利就有义务观念。加强社会诚信建设,健全公民和组织守法信用记录,完善守法诚信褒奖机制和违法失信行为惩戒机制,使尊法守法成为全体人民共同追求和自觉行动。

加强公民道德建设,弘扬中华优秀传统文化,增强法治的道德底蕴,强化规则意识,倡导契约精神,弘扬公序良俗。发挥法治在解决道德领域突出问题中的作用,引导人们自觉履行法定义务、社会责任、家庭责任。

(二)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,提高社会治理法治化水平。深入开展多层次多形式法治创建活动,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。

发挥人民团体和社会组织在法治社会建设中的积极作用。建立健全社会组织参与社会事务、维护公共利益、救助困难群众、帮教特殊人群、预防违法犯罪的机制和制度化渠道。支持行业协会商会类社会组织发挥行业自律和专业服务功能。发挥社会组织对其成员的行为导引、规则约束、权益维护作用。加强在华境外非政府组织管理,引导和监督其依法开展活动。

高举民族大团结旗帜,依法妥善处置涉及民族、宗教等因素的社会问题,促进民族关系、宗教关系和谐。

(三)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,加强民生领域法律服务。完善法律援助制度,扩大援助范围,健全司法救助体系,保证人民群众在遇到法律问题或者权利受到侵害时获得及时有效法律帮助。

发展律师、公证等法律服务业,统筹城乡、区域法律服务资源,发展涉外法律服务业。健全统一司法鉴定管理体制。

(四)健全依法维权和化解纠纷机制。强化法律在维护群众权益、化解社会矛盾中的权威地位,引导和支持人们理性表达诉求、依法维护权益,解决好群众最关心最直接最现实的利益问题。

构建对维护群众利益具有重大作用的制度体系,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。把信访纳入法治化轨道,保障合理合法诉求依照法律规定和程序就能得到合理合法的结果。

健全社会矛盾纠纷预防化解机制,完善调解、仲裁、行政裁决、行政复议、诉讼等有机衔接、相互协调的多元化纠纷解决机制。加强行业性、专业性人民调解组织建设,完善人民调解、行政调解、司法调解联动工作体系。完善仲裁制度,提高仲裁公信力。健全行政裁决制度,强化行政机关解决同行政管理活动密切相关的民事纠纷功能。

深入推进社会治安综合治理,健全落实领导责任制。完善立体化社会治安防控体系,有效防范化解管控影响社会安定的问题,保障人民生命财产安全。依法严厉打击暴力恐怖、涉黑犯罪、邪教和黄赌毒等违法犯罪活动,绝不允许其形成气候。依法强化危害食品药品安全、影响安全生产、损害生态环境、破坏网络安全等重点问题治理。

六、加强法治工作队伍建设

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,为加快建设社会主义法治国家提供强有力的组织和人才保障。

(一)建设高素质法治专门队伍。把思想政治建设摆在首位,加强理想信念教育,深入开展社会主义核心价值观和社会主义法治理念教育,坚持党的事业、人民利益、宪法法律至上,加强立法队伍、行政执法队伍、司法队伍建设。抓住立法、执法、司法机关各级领导班子建设这个关键,突出政治标准,把善于运用法治思维和法治方式推动工作的人选拔到领导岗位上来。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,提高职业素养和专业水平。完善法律职业准入制度,健全国家统一法律职业资格考试制度,建立法律职业人员统一职前培训制度。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,畅通具备条件的军队转业干部进入法治专门队伍的通道,健全从政法专业毕业生中招录人才的规范便捷机制。加强边疆地区、民族地区法治专门队伍建设。加快建立符合职业特点的法治工作人员管理制度,完善职业保障体系,建立法官、检察官、人民警察专业职务序列及工资制度。

建立法官、检察官逐级遴选制度。初任法官、检察官由高级人民法院、省级人民检察院统一招录,一律在基层法院、检察院任职。上级人民法院、人民检察院的法官、检察官一般从下一级人民法院、人民检察院的优秀法官、检察官中遴选。

(二)加强法律服务队伍建设。加强律师队伍思想政治建设,把拥护中国共产党领导、拥护社会主义法治作为律师从业的基本要求,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。提高律师队伍业务素质,完善执业保障机制。加强律师事务所管理,发挥律师协会自律作用,规范律师执业行为,监督律师严格遵守职业道德和职业操守,强化准入、退出管理,严格执行违法违规执业惩戒制度。加强律师行业党的建设,扩大党的工作覆盖面,切实发挥律师事务所党组织的政治核心作用。

各级党政机关和人民团体普遍设立公职律师,企业可设立公司律师,参与决策论证,提供法律意见,促进依法办事,防范法律风险。明确公职律师、公司律师法律地位及权利义务,理顺公职律师、公司律师管理体制机制。

发展公证员、基层法律服务工作者、人民调解员队伍。推动法律服务志愿者队伍建设。建立激励法律服务人才跨区域流动机制,逐步解决基层和欠发达地区法律服务资源不足和高端人才匮乏问题。

(三)创新法治人才培养机制。坚持用马克思主义法学思想和中国特色社会主义法治理论全方位占领高校、科研机构法学教育和法学研究阵地,加强法学基础理论研究,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,组织编写和全面采用国家统一的法律类专业核心教材,纳入司法考试必考范围。坚持立德树人、德育为先导向,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。建设通晓国际法律规则、善于处理涉外法律事务的涉外法治人才队伍。

健全政法部门和法学院校、法学研究机构人员双向交流机制,实施高校和法治工作部门人员互聘计划,重点打造一支政治立场坚定、理论功底深厚、熟悉中国国情的高水平法学家和专家团队,建设高素质学术带头人、骨干教师、专兼职教师队伍。

七、加强和改进党对全面推进依法治国的领导

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。

(一)坚持依法执政。依法执政是依法治国的关键。各级党组织和领导干部要深刻认识到,维护宪法法律权威就是维护党和人民共同意志的权威,捍卫宪法法律尊严就是捍卫党和人民共同意志的尊严,保证宪法法律实施就是保证党和人民共同意志的实现。各级领导干部要对法律怀有敬畏之心,牢记法律红线不可逾越、法律底线不可触碰,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,发挥政策和法律的各自优势,促进党的政策和国家法律互联互动。党委要定期听取政法机关工作汇报,做促进公正司法、维护法律权威的表率。党政主要负责人要履行推进法治建设第一责任人职责。各级党委要领导和支持工会、共青团、妇联等人民团体和社会组织在依法治国中积极发挥作用。

人大、政府、政协、审判机关、检察机关的党组织和党员干部要坚决贯彻党的理论和路线方针政策,贯彻党委决策部署。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。

政法委员会是党委领导政法工作的组织形式,必须长期坚持。各级党委政法委员会要把工作着力点放在把握政治方向、协调各方职能、统筹政法工作、建设政法队伍、督促依法履职、创造公正司法环境上,带头依法办事,保障宪法法律正确统一实施。政法机关党组织要建立健全重大事项向党委报告制度。加强政法机关党的建设,在法治建设中充分发挥党组织政治保障作用和党员先锋模范作用。

(二)加强党内法规制度建设。党内法规既是管党治党的重要依据,也是建设社会主义法治国家的有力保障。党章是最根本的党内法规,全党必须一体严格遵行。完善党内法规制定体制机制,加大党内法规备案审查和解释力度,形成配套完备的党内法规制度体系。注重党内法规同国家法律的衔接和协调,提高党内法规执行力,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。

党的纪律是党内规矩。党规党纪严于国家法律,党的各级组织和广大党员干部不仅要模范遵守国家法律,而且要按照党规党纪以更高标准严格要求自己,坚定理想信念,践行党的宗旨,坚决同违法乱纪行为作斗争。对违反党规党纪的行为必须严肃处理,对苗头性倾向性问题必须抓早抓小,防止小错酿成大错、违纪走向违法。

依纪依法反对和克服形式主义、官僚主义、享乐主义和奢靡之风,形成严密的长效机制。完善和严格执行领导干部政治、工作、生活待遇方面各项制度规定,着力整治各种特权行为。深入开展党风廉政建设和反腐败斗争,严格落实党风廉政建设党委主体责任和纪委监督责任,对任何腐败行为和腐败分子,必须依纪依法予以坚决惩处,决不手软。

(三)提高党员干部法治思维和依法办事能力。党员干部是全面推进依法治国的重要组织者、推动者、实践者,要自觉提高运用法治思维和法治方式深化改革、推动发展、化解矛盾、维护稳定能力,高级干部尤其要以身作则、以上率下。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,在相同条件下,优先提拔使用法治素养好、依法办事能力强的干部。对特权思想严重、法治观念淡薄的干部要批评教育,不改正的要调离领导岗位。

(四)推进基层治理法治化。全面推进依法治国,基础在基层,工作重点在基层。发挥基层党组织在全面推进依法治国中的战斗堡垒作用,增强基层干部法治观念、法治为民的意识,提高依法办事能力。加强基层法治机构建设,强化基层法治队伍,建立重心下移、力量下沉的法治工作机制,改善基层基础设施和装备条件,推进法治干部下基层活动。

(五)深入推进依法治军从严治军。党对军队绝对领导是依法治军的核心和根本要求。紧紧围绕党在新形势下的强军目标,着眼全面加强军队革命化现代化正规化建设,创新发展依法治军理论和实践,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。

坚持在法治轨道上积极稳妥推进国防和军队改革,深化军队领导指挥体制、力量结构、政策制度等方面改革,加快完善和发展中国特色社会主义军事制度。

健全适应现代军队建设和作战要求的军事法规制度体系,严格规范军事法规制度的制定权限和程序,将所有军事规范性文件纳入审查范围,完善审查制度,增强军事法规制度科学性、针对性、适用性。

坚持从严治军铁律,加大军事法规执行力度,明确执法责任,完善执法制度,健全执法监督机制,严格责任追究,推动依法治军落到实处。

健全军事法制工作体制,建立完善领导机关法制工作机构。改革军事司法体制机制,完善统一领导的军事审判、检察制度,维护国防利益,保障军人合法权益,防范打击违法犯罪。建立军事法律顾问制度,在各级领导机关设立军事法律顾问,完善重大决策和军事行动法律咨询保障制度。改革军队纪检监察体制。

强化官兵法治理念和法治素养,把法律知识学习纳入军队院校教育体系、干部理论学习和部队教育训练体系,列为军队院校学员必修课和部队官兵必学必训内容。完善军事法律人才培养机制。加强军事法治理论研究。

(六)依法保障“一国两制”实践和推进祖国统一。坚持宪法的最高法律地位和最高法律效力,全面准确贯彻“一国两制”、“港人治港”、“澳人治澳”、高度自治的方针,严格依照宪法和基本法办事,完善与基本法实施相关的制度和机制,依法行使中央权力,依法保障高度自治,支持特别行政区行政长官和政府依法施政,保障内地与香港、澳门经贸关系发展和各领域交流合作,防范和反对外部势力干预港澳事务,保持香港、澳门长期繁荣稳定。

运用法治方式巩固和深化两岸关系和平发展,完善涉台法律法规,依法规范和保障两岸人民关系、推进两岸交流合作。运用法律手段捍卫一个中国原则、反对“台独”,增进维护一个中国框架的共同认知,推进祖国和平统一。

依法保护港澳同胞、台湾同胞权益。加强内地同香港和澳门、大陆同台湾的执法司法协作,共同打击跨境违法犯罪活动。

(七)加强涉外法律工作。适应对外开放不断深化,完善涉外法律法规体系,促进构建开放型经济新体制。积极参与国际规则制定,推动依法处理涉外经济、社会事务,增强我国在国际法律事务中的话语权和影响力,运用法律手段维护我国主权、安全、发展利益。强化涉外法律服务,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,依法维护海外侨胞权益。深化司法领域国际合作,完善我国司法协助体制,扩大国际司法协助覆盖面。加强反腐败国际合作,加大海外追赃追逃、遣返引渡力度。积极参与执法安全国际合作,共同打击暴力恐怖势力、民族分裂势力、宗教极端势力和贩毒走私、跨国有组织犯罪。

各级党委要全面准确贯彻本决定精神,健全党委统一领导和各方分工负责、齐抓共管的责任落实机制,制定实施方案,确保各项部署落到实处。

全党同志和全国各族人民要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!(完)

 

12 thoughts on “CCP Central Committee Decision concerning Some Major Questions in Comprehensively Moving Governing the Country According to the law Forward

    […] kommunikén finns i engelsk översättning tack vare bloggen China Copyright and […]

    […] 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 […]

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    sean lees said:
    October 30, 2014 at 12:42 am

    Rule of law with Chinese characteristics must include greater access to justice, transparency, and accountability.

    […] 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… […]

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    La via cinese allo Stato di diritto said:
    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 […]

    […] “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. […]

    […] 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… […]

    Suggested Readings, Dr. Robert Kapp » said:
    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 […]

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