撰写On July 8, sponsored by Chongyang Financial Research Institute of Renmin University of China (NPC Chongyang), "Tell the World ‘ China this decade ’ " The second session of the lecture series was held. With the theme of "Ten Years of Rule of Law in China", Huang Wenyi, Dean of the Law School of Renmin University of China, summed up and explained the historic and symbolic achievements made by China in the past ten years since the 18th CPC National Congress.
This decade since the 18th National Congress of the Communist Party of China is a glorious decade for the development of the rule of law in China and a golden decade for the development of the rule of law in China. Since the 18th National Congress of the Communist Party of China, the CPC Central Committee with the Supreme Leader as the core has incorporated the comprehensive rule of law into the "four comprehensive" strategic layout, adhered to the joint promotion of rule of law, rule of law and administration according to law, adhered to the integration of a country ruled by law, a government ruled by law and a society ruled by law, and made overall efforts to promote the construction of legal norms, implementation, supervision, guarantee and inner-party laws and regulations. Leading the whole party and the people all over the country to solve many long-term unsolved problems of the rule of law, accomplished many great events of the rule of law that were tried but failed in the past, created a new situation of comprehensively administering the country according to law, and made historic achievements in promoting the construction of China ruled by law.
This decade is a decade in which the strategy of rule of law construction in China has achieved a historic transformation, the construction of the rule of law system in Socialism with Chinese characteristics has made a historic progress, the quality and efficiency of rule of law work in China have made a historic breakthrough, and the rule of law in China has guaranteed the economic and social development capacity and achieved a historic improvement. Therefore, this is golden decade, which has achieved great leap, development and progress in building a socialist country ruled by law. The historical and symbolic achievements of the rule of law in China in the past ten years can be summarized as the following ten aspects.
First, the establishment of the supreme leader’s thought of rule of law
Great times gave birth to great theories, and great theories led a great journey. In the past ten years, in the great practice of leading the overall rule of law and building a China ruled by law, the CPC Central Committee with the Supreme Leader as the core has profoundly answered a series of important questions, such as why and how to implement the overall rule of law in the new era, put forward a series of new ideas, new ideas and new strategies, created the supreme leader’s rule of law thought, and realized the historicity of the China era of Marxist rule of law theory. The establishment of the supreme leader’s thought of rule of law is not only a great theoretical achievement in the field of rule of law in this decade, but also the fundamental reason why China’s rule of law construction has made historic achievements in this decade.
The supreme leader’s thought of rule of law is a major theoretical innovation that came into being in line with the requirements of the great rejuvenation of the Chinese nation, a major innovation and development of Socialism with Chinese characteristics’s theory of rule of law, and an important part of the supreme leader’s Socialism with Chinese characteristics Thought in the new era. The supreme leader’s thought of rule of law is the Marxist theory of rule of law in contemporary China and in the 21st century, and it is the fundamental principle and action guide for governing the country according to law in an all-round way. The supreme leader’s thought of rule of law is a theoretical system with rich connotation, profound exposition, strict logic and complete system. Its core essence and practical requirements are embodied in the "eleven persistences" clearly put forward and profoundly expounded by the general secretary of the supreme leader at the central working conference on comprehensively governing the country according to law: First, uphold the party’s leadership over comprehensively governing the country according to law. Second, adhere to the people as the center. Third, adhere to the rule of law in Socialism with Chinese characteristics. Fourth, adhere to governing the country and governing the country according to the Constitution. Fifth, adhere to the modernization of the national governance system and governance capacity on the track of the rule of law. Sixth, we should persist in building the rule of law system in Socialism with Chinese characteristics. Seventh, adhere to the rule of law, rule of law, and administration according to law, and build a country ruled by law, a government ruled by law, and a society ruled by law. Eighth, adhere to comprehensively promoting scientific legislation, strict law enforcement, fair justice, and law-abiding for the whole people. Ninth, persist in promoting the domestic rule of law and the foreign-related rule of law as a whole. Tenth, persist in building a high-quality rule of law workforce with both ability and political integrity. Eleventh, insist on grasping the leading cadres.Key minority. " These "eleven persistences" constitute the core essence and theoretical essence of the supreme leader’s rule of law thought.
The supreme leader’s thought of ruling by law contains many great theoretical innovations, institutional innovations and practical innovations. Recently, the legal circles in China have been studying the original contribution of the supreme leader’s rule of law thought, especially the original theoretical contribution. The supreme leader’s thought of rule of law includes at least three theoretical innovations. First, theoretical innovation from scratch. The supreme leader’s rule of law thought puts forward new concepts, new categories, new propositions and new theories that have not been put forward by predecessors, and expounds new philosophies, new principles and new truths that have not been stated by predecessors. Socialism with Chinese characteristics’s rule of law system, ruling the party by regulations and foreign-related rule of law put forward in the supreme leader’s rule of law thought are all new categories and theories that have not been put forward in the past, and they all belong to this original theoretical contribution from scratch. Second, theoretical innovation from the old to the new. On the basis of previous theories, it has made new generalizations, new expressions and new explanations. For example, the relationship between the rule of law and the rule of virtue is a traditional and ancient problem. The Supreme Leader’s General Secretary summed up the respective advantages and characteristics of law and morality precisely and concisely with only eight words, which indicated that the rule of law and the rule of virtue are complementary. For another example, the relationship between reform and the rule of law has also been discussed in the past. With the proposition of "promoting reform under the rule of law and improving the rule of law in the process of reform", General Secretary of the Supreme Leader summed up the basic principles of handling the relationship between the rule of law and reform. Third, theoretical innovation from shallow to deep.On the basis of existing theoretical achievements, we should expand the connotation, deepen our thinking and sublimate our theory. For example, in the supreme leader’s thought of rule of law, the theory of building a rule of law workforce with both ability and political integrity and the theory of grasping the "key minority" of leading cadres belong to this kind of theoretical innovation.
In the past ten years, faced with the test of the times when all kinds of risks are intertwined at home and abroad, the supreme leader’s thought of rule of law has illuminated the way forward of rule of law in Socialism with Chinese characteristics with dazzling truth, opened a brand-new pattern of comprehensively administering the country according to law in the new era with majestic spiritual strength, and showed strong political cohesion, ideological leadership, discourse influence, social appeal and practical innovation.
The supreme leader’s thought of rule of law belongs not only to China, but also to the world. Facing the great changes in the world in the past century, the supreme leader’s thought of rule of law stood at the height of world history and global thinking, deeply grasped the development trend of human political civilization, contributed a brand-new theoretical system of rule of law to the world, provided China’s experience for the modernization of rule of law in developing countries, put forward China’s proposition for the development of world rule of law civilization, contributed China’s wisdom to the progress of human political civilization, and provided China’s plan for the reform of global governance system. It has become the Dong Fangzhiguang shining among the brilliant stars of human political civilization.
Two, the rule of law leadership system in China is more perfect.
The Communist Party of China (CPC)’s leadership is the soul of the rule of law in Socialism with Chinese characteristics, which is the biggest difference between the rule of law in China and the rule of law in western capitalist countries. In the past ten years, we have adhered to and strengthened the Party’s unified leadership, unified deployment and overall coordination over the rule of law in an all-round way. From the Party Central Committee to local party committees at or above the county level, we have generally established deliberative and decision-making coordination bodies for the rule of law, improved the working mechanism and procedures for the Party to lead the rule of law, and strengthened the Party’s leadership over the rule of law in an all-round way.
(1) The CPC Central Committee has centralized and unified leadership over comprehensively administering the country according to law.
To strengthen the party’s leadership, we need to first strengthen the centralized and unified leadership of the Party Central Committee in comprehensively administering the country according to law. In the past ten years, the pattern of centralized and unified leadership by the CPC Central Committee in comprehensively administering the country according to law has been established, which is reflected in the following five aspects.
First, the party’s national congress discussed and decided on major issues in the construction of the rule of law. For example, the 19th National Congress of the Communist Party of China clearly put forward that the overall goal of comprehensively promoting the rule of law is to build Socialism with Chinese characteristics’s rule of law system and a socialist country ruled by law, and put it into one of the 14 basic strategies for adhering to and developing Socialism with Chinese characteristics in the new era, and in the report of the 19th National Congress of the Communist Party of China, there is a special part to make overall arrangements for deepening the practice of governing the country according to law.
Second, in the form of the central plenary session, we will study and deploy major issues in the construction of the rule of law. Since the 18th National Congress of the Communist Party of China, there have been two plenary sessions in the Central Committee of the Communist Party of China devoted to the study and deployment of the rule of law. The first time was the Fourth Plenary Session of the 18th CPC Central Committee in 2014, which was the first central plenary session in the history of the Party devoted to the construction of the rule of law. The meeting deliberated and adopted the Decision of the Central Committee of the Communist Party of China on Several Major Issues Concerning Comprehensively Advancing the Rule of Law, which made a top-level design and strategic deployment for comprehensively governing the country according to law, and put forward more than 180 major measures, which are of milestone significance in the history of socialist rule of law construction in China. The second session was the Second Plenary Session of the 19th CPC Central Committee in 2018. This plenary session focused on the revision of the Constitution, and deliberated and adopted the Central Committee of the Communist Party of China’s Proposal on Amending Part of the Constitution, which made great arrangements for governing the country and governing the country according to the Constitution, especially the full implementation of the Constitution, and was of great significance in the history of China’s constitutional development. In addition to the two the Central Committee of the Communist Party of China Plenary Sessions devoted to the construction of the rule of law, other the Central Committee of the Communist Party of China Plenary Sessions have also made important arrangements for the construction of the rule of law.
Third, the important work of rule of law construction is decided by special research in the form of central working conference. It is mainly reflected in the central working conference on comprehensively governing the country according to law held from November 16 to 17, 2020, which is the first central working conference in the history of the party devoted to the construction of the rule of law. One of the most important achievements of this meeting is to clearly put forward the important proposition of the supreme leader’s rule of law thought, and establish the guiding ideology position of the supreme leader’s rule of law thought in comprehensively governing the country according to law.
Fourth, the Political Bureau of the Central Committee and The Politburo Standing Committee (PSC) studied and deliberated on major issues concerning the rule of law. According to the provisions of party constitution and other party laws and regulations, the Political Bureau of the Central Committee and The Politburo Standing Committee (PSC) exercise the functions and powers of the Central Committee when the plenary session of the Central Committee is not in session, and discuss and decide major issues related to the overall development of the cause of the party and the state, including major issues concerning the rule of law.
Fifth, the Central Committee for Governing the Country in an All-round Way according to Law specially studies and decides on major issues of governing the country in an all-round way according to law. In 2018, the the Communist Party of China (CPC) Central Committee for Governing the Country in an All-round Way was formally established, and General Secretary of the Supreme Leader personally served as the director of the Committee. Since 2018, the General Secretary of the Supreme Leader has personally presided over the first, second and third meetings of the Central Committee for Governing the Country in an All-round Way according to Law, and delivered an important speech, making important arrangements for the rule of law construction and leading the rule of law construction to move forward continuously. The establishment and operation of the Central Committee for Governing the Country in an All-round Way according to Law has effectively strengthened the centralized and unified leadership of the CPC Central Committee on governing the country in an all-round way according to law and promoted the work of governing the country in an all-round way according to law.
(B) to strengthen the leadership of local party committees in the construction of the rule of law in the region.
Local party committees play a leading core role in overall planning and coordinating all parties in the region, promote the "four comprehensive" strategic layout in accordance with coordination, and exercise overall leadership over the rule of law construction in the region. Local party committees at or above the county level have established deliberative and coordinating bodies for the rule of law, and strengthened the work of leading, planning, and supervising the implementation of the rule of law in their respective regions.
(C) the establishment of the party and government principal responsible person to perform the duties of the first responsible person to promote the rule of law.
The main leaders of the party and government assume the responsibilities of being an important organizer, promoter and practitioner of governing the country according to law, coordinate and promote scientific legislation, strict law enforcement, fair justice and law-abiding for the whole people, personally deploy the important work of rule of law construction, personally ask questions about major issues, personally coordinate key links and personally supervise important tasks.
Third, the Constitution has been fully implemented.
Full implementation of the Constitution is the primary task of building a socialist country ruled by law. Governing the country according to law is first and foremost governed by the Constitution. In the past ten years, we have persisted in taking the Constitution as the fundamental activity criterion, improved the system of implementation and supervision of the Constitution, activated the "sleeping clause" of the Constitution, and strengthened the publicity and education of the Constitution, which has made pioneering achievements in the implementation of the Constitution, and the constitutional system has been transformed into a powerful efficiency in governing the country. Mainly reflected in the following aspects.
First, establish a national constitution day and a constitutional oath system. Establish a National Constitution Day, widely publicize the Constitution in various ways, and let the provisions, principles and spirit of the Constitution take root in the whole society. The system of constitutional oath is generally implemented, and state functionaries elected and appointed by the National People’s Congress and its Standing Committee and appointed by the people’s government, supervisory committees, courts and procuratorates take the constitutional oath when they take office.
Second, set up a special institution for constitutional supervision. The National People’s Congress sets up the Constitution and Law Committee, which is responsible for promoting the implementation of the Constitution, carrying out the interpretation of the Constitution, promoting the examination of constitutionality, and strengthening the supervision of the Constitution. This is a special committee responsible for the implementation and supervision of the Constitution as stipulated in the Constitution.
Third, strengthen the constitutional review and filing review. Constitutional review system and filing review system are the two cornerstones of constitutional supervision system with China characteristics. Establish a constitutional review system, study the constitutional issues raised by deputies to the National People’s Congress, members of the Standing Committee of the National People’s Congress and all parties in the legislative process, and put forward constitutional review opinions. Strengthen the filing and review of normative documents, and take effective measures to urge the formulation organs to amend or abolish the normative documents that are found to be unconstitutional and illegal. According to the statistics of the National People’s Congress Standing Committee (NPCSC) Legal Affairs Commission, it urged the formulation authorities to revise and abolish more than 20,000 normative documents, effectively protecting the legitimate rights and interests of citizens and safeguarding the unity of the country’s rule of law.
Fourth, make major decisions according to the Constitution. Activate the Amnesty clause of the Constitution and grant amnesty to qualified criminals. In the past ten years, according to the constitution, China has implemented two pardons. The first Amnesty was in 2015. This Amnesty was implemented to commemorate the 70th anniversary of the victory of Chinese people’s War of Resistance against Japanese Aggression and the world anti-fascist war, and it was also the first Amnesty since the reform and opening up. The second amnesty was in 2019, which was implemented on the occasion of the 70th anniversary of the founding of People’s Republic of China (PRC). These two pardons were based on the provisions of the Constitution. the National People’s Congress Standing Committee (NPCSC) made a decision, and president issued an Amnesty order, which was implemented by the political and legal organs. These two pardons embody the concept of governing the country according to the constitution and set up the international image of China’s openness, democracy, civilization and rule of law.
Fourth, the legal norm system is more complete.
Legislation is the forerunner of the rule of law, and good law is the premise of good governance. In the past ten years, legislatures at all levels have adhered to scientific legislation, democratic legislation and legislation according to law, made overall plans to promote "reform, abolition, interpretation and compilation", and accelerated legislation in key areas, emerging areas and foreign-related areas. The legal norms system has been more complete and systematic, and good laws have promoted development and guaranteed good governance.
(1) Amending the current Constitution for the fifth time
In March 2018, the fifth amendment to the Constitution adopted at the first session of the 13th National People’s Congress established the guiding position of the Supreme Leader’s Socialism with Chinese characteristics Thought in the country’s political and social life in the new era, absorbed the great achievements and valuable experience created by the party and the people, embodied the new requirements and practices of adhering to and developing Socialism with Chinese characteristics in the new era, and upgraded the achievements of major theoretical innovation, practical innovation and institutional innovation led by the party to constitutional provisions, which is very important for promoting the development of China’s constitution with the times.
(2) Compiling the Civil Code
Code is an integrated, systematic and exemplary expression of law, and it is a dazzling pearl in the crown of human system civilization. The Civil Code promulgated in 2020 is the first basic law named after "Code" since the founding of New China, which indicates that China’s civil legal norm system is really mature. This civil code is a civil code rooted in China, reflecting the people’s wishes, embodying the spirit of the times and showing the Chinese style. It is a civil code in the 21st century that can stand in the world code forest and contribute China wisdom to human civilization ruled by law. This civil code contains China’s idea of state governance, China’s spirit and China’s value. It can be said that it is a great law to help the people, run the country and keep the country safe, and it is a heavy weapon to promote the construction of state system and the modernization of state governance.
(3) achieving new breakthroughs in legislation in key areas.
Focusing on the shortcomings of legislation in the field of national security and implementing the overall concept of national security, we have successively formulated a number of important laws, such as the National Security Law, the Anti-Spy Law, the Anti-Terrorism Law, the Law on the Administration of Domestic Activities of Overseas NGOs, the Cyber Security Law, and the National Intelligence Law. Coordinating traditional security and non-traditional security with the rule of law has formed a relatively complete legal system of national security, laying a solid foundation for the construction of a safe China. In view of the risk points and blank areas in emerging fields, important laws such as e-commerce law, data security law and personal information protection law were formulated in time to promote the use of the rule of law to prevent and resolve market risks.
(D) The legislative work was further accelerated.
Since the 18th National Congress of the Communist Party of China, the legislative work has not slowed down, but has further accelerated. According to the statistics of the National People’s Congress Standing Committee (NPCSC) Law Committee, from the 18th National Congress of the Communist Party of China to April 20th this year, the National People’s Congress and its Standing Committee have enacted 68 new laws, revised 234 laws, adopted 99 decisions on legal issues and major issues, made 9 legislative interpretations, and now have 292 effective laws. Compared with the last decade, the number of newly enacted laws has increased by 1/3, the number of revised laws has nearly tripled, and the number of decisions on legal issues and major issues has increased by 1.5 times.
(5) The quality and efficiency of legislation have been significantly improved.
The National People’s Congress Standing Committee (NPCSC) has promulgated some work norms, such as collection and demonstration of legislative projects, consultation on the adjustment of major legislative interests, introduction of third-party evaluation of important legislative matters, improved the system of legislative expert consultation, established the system of grass-roots legislative contact points, made it clear that all draft laws that the Standing Committee deliberated for the first time and continued to deliberate were released to the public for comments in time, and established and implemented the evaluation system before the draft laws were passed, so as to promote the improvement of legislative quality. The legal provisions have stood firm, worked and really worked.
(VI) Legislation and reform have achieved coordinated progress.
The relationship between legislation and reform is further coordinated and coordinated. In view of the reform measures that are inconsistent with the current legal provisions, the revision of the law is not mature, and it is necessary to try first, and make authorization decisions or reform decisions in a timely manner according to law. Strengthen the supervision and effectiveness evaluation of the pilot work, and improve the reform measures that need to continue to be explored, extend the pilot period or incorporate new pilots. The reform measures that have been proved to be effective in practice should be replicated and promoted by revising and improving relevant laws in a timely manner.
V. Building a government ruled by law has reached a new level.
The construction of a government ruled by law is the key task and main project of comprehensively governing the country according to law, which has a demonstration and leading role in the construction of a country ruled by law and a society ruled by law. In the past ten years, the CPC Central Committee has placed the construction of a government ruled by law in a more prominent position, promulgated and implemented two five-year "Implementation Outline of the Construction of a Government Ruled by Law", deepened the "streamline administration, delegate power, strengthen regulation and improve services" reform, and continuously deepened the reform of the administrative law enforcement system. The promotion mechanism of the construction of a government ruled by law has basically taken shape, the system of administration according to law has become increasingly sound, and the level of strict, standardized, fair and civilized law enforcement has generally improved.
(A) improve the administrative decision-making system.
From the State Council to local people’s governments, laws and regulations on major administrative decision-making procedures have been formulated, and public participation, expert argumentation, risk assessment, legality review and collective discussion decisions have been identified as legal procedures for major administrative decision-making, which has improved the level of government decision-making according to law, democracy and science.
(2) Continue to promote the "streamline administration, delegate power, strengthen regulation and improve services" reform
The "streamline administration, delegate power, strengthen regulation and improve services" reform is the key content of the construction of a government ruled by law and the reform of the administrative management system in China throughout the past decade. Define the functions and duties of the government according to law, and establish and implement the "three lists" system — — Power list, negative list and responsibility list. The power list defines what the government should do, so that the law cannot be authorized; The negative list clarifies what the enterprise should not do, so that it can be done without prohibition; The list of responsibilities defines how the government manages the market, and the legal responsibility must be. In accordance with the law, the administrative examination and approval items were greatly cancelled and decentralized, the non-administrative licensing examination and approval was completely abolished, and the commercial registration system of "five certificates in one" and "one photo and one yard" was fully implemented. In the past, the so-called "official seal besieged on all sides" and "approving long-distance travel" were effectively curbed. For example, in the State Council, the proportion of administrative examination and approval items cancelled and decentralized by the State Council departments reached 47%, and the intermediary service items of administrative examination and approval by the State Council departments were reduced by 71%. This series of reforms has largely loosened the ties for enterprises, solved the difficulties for the masses, made room for the market, strengthened the integrity of the government, and stimulated the vitality and social creativity of the market.
(3) Comprehensively deepen the reform of the administrative law enforcement system.
First of all, streamline and integrate administrative law enforcement agencies, scientifically allocate power, reduce the number of agencies, simplify the middle level, and solve the problem that "Jiulong Water Control" can’t cure water. In the reform of state institutions in 2018, the government’s law enforcement administrative agencies were greatly streamlined and integrated, among which the State Council reduced 8 ministerial-level institutions and 7 deputy ministerial-level institutions. There are also some major reform measures, such as the establishment of the State Administration of Market Supervision, a super bureau, which integrates many departments related to market supervision and management in the past and their functions and powers. Secondly, explore cross-disciplinary and cross-departmental comprehensive law enforcement and carry out pilot reform of comprehensive law enforcement. Piloting comprehensive law enforcement reform in cities and counties, pushing the law enforcement center to move down to the two levels of government, speeding up cross-departmental comprehensive law enforcement in market supervision and other fields, and initially establishing an administrative law enforcement system suitable for China’s national conditions and economic and social development requirements. Third, we should implement three systems: publicity of administrative law enforcement, record of the whole process of law enforcement and legal review of major law enforcement decisions. The standardization and transparency of administrative law enforcement have been promoted, and outstanding problems such as disorderly law enforcement and law enforcement inaction have been curbed. Fourth, improve the standard system of administrative law enforcement, establish and improve the benchmark system of administrative discretion, and improve the standardization and refinement level of administrative law enforcement.
(4) comprehensively promoting the openness of government affairs in accordance with the law.
Accelerate the construction of Internet government information data service platform, and the degree of standardization, standardization and convenience of information disclosure has been continuously enhanced. Government information must be understood, understood and supervised by the people. Further promote the openness of the law enforcement process, and disclose the video of law enforcement activities to the parties or the public according to law. Let law enforcement justice become visible justice, and stand up to video exposure and public onlookers. Now our administration has put forward a slogan, "Let every law enforcement become textbook law enforcement", that is to say, the whole process of law enforcement is filmed and put on the Internet, so that people can’t pick out any flaws or problems.
VI. A historic breakthrough was made in the reform of the judicial system.
Justice is the last line of defense to maintain social fairness and justice, and the reform of judicial system is the only way to build a fair, efficient and authoritative socialist judicial system. In the past ten years, the CPC Central Committee has made great efforts to solve the deep-seated problems that affect judicial justice and restrict judicial ability, made a systematic top-level design for the reform of the judicial system in the new era, intensively issued a large number of policy documents, and persistently promoted the implementation of various reform measures. The judicial quality, efficiency and credibility have been continuously improved, and the people’s recognition of judicial justice has been significantly improved. The scope, strength and depth of this round of judicial reform are unprecedented not only in the history of judicial civilization in China, but also rare in the history of judicial reform in the world.
(1) Deepening the reform of the judicial management system
The reform of judicial management system involves the profound adjustment of the spatial layout and power structure of the whole judicial organ, and occupies an overall, leading and basic position in judicial reform. This round of judicial reform has also made great efforts in the reform of the management system, including promoting the unified management of people and property in local courts and procuratorates below the provincial level, setting up the Supreme Court Circuit Court, setting up court procuratorates across administrative divisions, and establishing specialized courts such as intellectual property courts, internet courts and financial courts, which have promoted major changes in the judicial map of China.
(2) Deepening the reform of the judicial responsibility system
Clarify the authority of the post judge prosecutor to handle cases, eliminate illegal interference in handling cases, and ensure the independent and fair exercise of the right to handle cases according to law. In this round of judicial reform, it is particularly worth mentioning that three important systems have been established to eliminate illegal interference in handling cases, namely, the system of recording and accountability of party and government leading cadres’ interference in judicial cases, the system of recording and accountability of cases in which people in judicial organs ask questions, and the system of regulating the contact and communication between judicial personnel and lawyers and parties. These three systems have been evaluated by the media and society as three "separation walls" to prevent illegal intervention. Reasonably determine the responsibility of judicial personnel in handling cases, establish the responsibility system for investigating misjudged cases, and ensure that decentralization is not laissez-faire and has the right to be willful. We will improve the judicial supervision and management mechanism and resolutely prevent judicial injustice and judicial corruption.
(3) Strengthening judicial protection of human rights
First, resolutely correct and prevent unjust and misjudged cases. Misjudged cases are serious violations of human rights. In the past 10 years, the judicial organs have adhered to the principle of seeking truth from facts and investigating mistakes, and corrected a large number of major unjust and misjudged cases, such as Zhejiang Zhang’s uncle and nephew case, Henan Li Huailiang case, and Inner Mongolia Hugjile pattern, which has enhanced the confidence of the whole society in judicial protection of human rights. On the other hand, by abolishing the reeducation-through-labor system and the education system, strengthening the source prevention of extorting confessions by torture and illegally obtaining evidence, and perfecting the legal principle system of legally prescribed punishment for a crime, never having suspected crimes, and excluding illegal evidence, new unjust cases and misjudged cases can be effectively prevented.
Second, strengthen the judicial protection of substantive rights. We will improve judicial supervision over judicial measures and investigation methods that restrict personal freedom, prevent the source of extorting confessions by torture and illegally obtaining evidence, properly handle property rights cases formed in history, strictly regulate the disposal of property involved, and carefully grasp the judicial policy of dealing with property rights and economic disputes to prevent ordinary economic cases from becoming criminal cases. Through such a series of policies and measures, the personal rights, personality rights and property rights of the parties are effectively guaranteed.
Third, strengthen the judicial protection of litigation rights. Implement the registration system to solve the problem of filing a case. Strengthen the protection of the parties and other litigation participants’ right to know, to state, to defend and argue, to apply and to appeal, and improve the long-term mechanism to solve the problem of enforcement difficulties, and basically solve the problem of enforcement difficulties. Through such a series of reform measures, from filing to execution, the protection of litigation rights in the whole process has been raised to a new level.
(4) Deepening the reform of litigation procedures.
First, adhere to the separation of complexity and simplification, the separation of light and heavy, and the separation of speed and speed, improve the diversified and three-dimensional litigation procedure system, expand the parties’ right to choose litigation procedures, promote the quick handling of simple cases and light criminal cases, and realize the optimal allocation of judicial human resources.
Second, insist on perfecting the "internet plus litigation" mode, promote the whole process of prosecution, mediation, filing, trial, judgment and execution to be networked, and establish a new mode of Internet justice adapted to the Internet era, which has enhanced the convenience and efficiency of litigation.
The third is to establish a public interest litigation system, aiming at the problems that some social public interests have been infringed and failed to be protected in time in the past, to establish a public interest litigation system of procuratorial organs, which will file public interest litigation in the fields of ecological environment, resource protection, state-owned assets protection, food and drug safety protection, heroes and heroes protection, urge the restoration of ecology, punish counterfeiting, recover national losses and protect social public interests.
(5) Accelerate the application of modern science and technology.
The reform of judicial system is closely combined with the application of modern science and technology, and modern science and technology such as big data, artificial intelligence and blockchain are applied to judicial work, creating new modes such as digital trial, digital prosecution and digital legal service. China’s digital justice is at the forefront of the world.
VII. Substantial progress has been made in building a society ruled by law.
The society ruled by law is the foundation of building a country ruled by law, and the construction of a society ruled by law is an important part of realizing the modernization of state governance. In the past ten years, we have promoted multi-level and multi-field governance according to law, accelerated the improvement of the legal system and social norms in the social field, improved the diversified social dispute resolution mechanism, and strengthened the publicity and education on the rule of law. The level of legalization of social governance has been continuously improved, and the rule of law environment in which the whole society handles affairs according to law, finds ways to solve problems, and resolves contradictions is gradually taking shape.
(A) improve the social system norms.
A society ruled by law is a society governed by rules. It is necessary to formulate and apply different types of rules and build a diverse, coordinated and complementary system of social governance norms. We will improve the legal and normative system for the construction of a society ruled by law and strengthen important legislation in social fields such as labor and employment, social security, medical and health care, food and medicine, safe production, poverty alleviation and charity. We will improve the social norm system for the construction of a society ruled by law, strengthen the construction of social norms such as residents’ conventions, village rules and regulations, industry regulations and social organization articles of association, and promote self-discipline, self-management and self-regulation of social members.
(2) Improve the governance system according to law.
Summarize and popularize the "Fengqiao experience" in the new era, and further promote the construction of a grassroots society ruled by law. More and more social contradictions are resolved at the grassroots level according to law. We will improve the list of powers and responsibilities for implementing community governance in accordance with the law, improve the system of community deliberation and consultation, encourage residents to talk about things, talk about people’s feelings, and negotiate democratically, and promote civil discussion, civil administration, and civil administration. Improve the mechanism of mass organizations to promote the construction of a society ruled by law, give full play to the role of mass organizations as a bridge, and guide group members and the people they contact to manage social affairs according to law. Improve social organizations to participate in the construction of a society ruled by law, actively cultivate professional, public welfare and service social organizations, and guide all kinds of social organizations to be professional, standardized and operate in accordance with the law.
(C) to build a diversified social dispute resolution mechanism
First, in the face of the prominent period of social contradictions, especially the rapid growth of litigation, we have accelerated the construction of a dispute resolution system with multiple connections and each doing its best, promoted the classification, separation and diversion of contradictions and disputes, and promoted social harmony, harmony and beauty. Promote group organizations and industry associations to set up professional mediation organizations, and use their authority and credibility to effectively solve disputes in their own fields and industries.
The second is to support Internet companies and e-commerce platforms to build and improve online dispute resolution mechanisms, provide fair, just, efficient, convenient and low-cost dispute resolution services for parties involved in online disputes, and prevent online disputes from flooding into courts on a large scale.
Third, strengthen administrative reconsideration, administrative mediation and administrative arbitration, guide administrative disputes to be solved mainly through administrative channels, promote administrative organs to play a greater role in mediating civil and commercial disputes, and effectively play the role of administrative organs as a "diverter valve" for resolving disputes.
(D) Improve the law-abiding incentive mechanism for social members.
First, deepen the construction of social credit system, and establish and improve the joint incentive system of trustworthiness and joint punishment system of dishonesty. A pattern of credit punishment with broken promises and limited everywhere has been formed, which has promoted the law-abiding integrity to become the conscious action of all citizens.
Second, resolutely change the phenomenon that problems are solved by making trouble, and guide the masses to rely on the law to solve problems. In recent years, political and legal organs have cracked down on a large number of criminals who seek profits by making trouble, and guided the masses to rely on the law to solve problems.
Third, resolutely change the phenomenon of low illegal cost and high law-abiding cost, and make law-abiding a rational choice. Especially in the fields related to people’s lives and property safety, such as food and medicine, we will resolutely change the phenomenon of low illegal cost and high law-abiding cost, make offenders pay high prices and costs, and guide members of society to take law-abiding as a rational choice.
Fourth, we have resolutely changed the past criteria for determining the harsh behavior of self-defense and courageous acts, reconstructed and reshaped the criteria for determining the behavior of courageous acts and righteous acts according to law, eliminated the legal and moral risks of charitable acts, and promoted the formation of a positive effect that good people are rewarded and virtuous people are rewarded.
(five) improve the publicity and education system of the rule of law.
First of all, legal education is the basic project of building a society ruled by law. In the past ten years, the work of popularizing the law has spanned the three plans of popularizing the law from the Sixth Five-Year Plan to the Eighth Five-Year Plan, implemented the responsibility system of "whoever enforces the law will popularize the law" by state organs, established and improved the system of trying the law by case for judges, prosecutors, administrative law enforcement personnel and lawyers, strengthened the application of new media and new technologies in popularizing the law, and promoted the construction of legal publicity and education systems such as school legal education, unit legal education, public legal education and professional legal education. Secondly, we pay attention to the use of major anniversaries and traditional festivals as opportunities to carry out mass cultural activities under the rule of law and strengthen the construction of the position of the rule of law culture, and new progress has been made in the construction of the socialist culture under the rule of law. Third, build a public legal service system, with wider and better coverage of public legal service sites and hotline networks, so that people can feel that legal advisers are around.
Eight, foreign-related rule of law work to open up a new situation
The rule of law concerning foreign affairs is an important part of the construction of China ruled by law, and it is also an important practice to handle international affairs and promote global governance by the rule of law. In the past ten years, we have persisted in promoting the domestic and foreign-related rule of law as a whole, strengthened the construction of foreign-related laws and regulations, improved the efficiency of foreign-related judicial enforcement, improved the foreign-related legal service system, and significantly improved our ability to safeguard national sovereignty, security and development interests by means of the rule of law.
(1) Strengthening legislation in foreign-related fields.
In view of the fact that the United States and other countries frequently impose "long-arm jurisdiction" on Chinese institutions and individuals, they adhere to the "legal system", speed up the improvement of laws and regulations against sanctions, interference and "long-arm jurisdiction", formulate export control laws, list of unreliable entities, anti-foreign sanctions laws, etc., further improve the national security review system for foreign investment, accelerate the construction of the legal system applicable outside China’s jurisdiction, and enrich the legal toolbox for the foreign-related rule of law struggle.
(2) Improve the foreign-related rule of law service system.
First, adhere to the concept that the rule of law guarantees and services will follow wherever China’s interests expand, accelerate the construction of overseas rule of law and security guarantee systems, and safeguard the legitimate rights and interests of Chinese overseas institutions, enterprises and personnel. The second is to establish and improve the legal system for foreign-related work, promote the establishment of legal counsellors and police liaison officers in embassies and consulates abroad, provide legal services to overseas personnel in a timely manner, and support relevant enterprises and personnel to protect their rights abroad according to law. Third, encourage and support large domestic law firms to explore the overseas legal service market, mainly through the establishment of overseas branches and overseas mergers and acquisitions. Fourth, focus on the "Belt and Road" and other areas where China’s overseas interests are intensive and overseas security issues are prominent, and establish and improve the assessment and prevention mechanism of overseas legal and security risks to ensure the safety of China’s overseas investment projects.
(3) Further promoting international cooperation in law enforcement and justice and anti-corruption.
First, the expansion of law enforcement and judicial cooperation should be included in the important issues of bilateral and multilateral relations, and international cooperation in law enforcement and anti-corruption should be further promoted. Accelerating international cooperation in law enforcement and security has effectively curbed violent terrorist forces, separatist forces and religious extremist forces involved in China abroad, and destroyed a large number of cross-border criminal gangs, especially those involved in cross-border telecom fraud, drug trafficking, smuggling and gambling, effectively safeguarding domestic security and stability. Second, deepen international cooperation in the judicial field, improve China’s judicial assistance system and expand the coverage of international judicial assistance. Third, we should intensify overseas efforts to pursue the pursuit, repatriation and extradition, and strengthen international cooperation against corruption. A large number of duty criminal suspects who have fled for many years have been brought to justice one after another, and more than 60 of the 100 "Hongtong" personnel have been repatriated to China.
(4) Actively promoting the rule of law in international relations.
Guided by the concept of the community of human destiny, we actively participated in the formulation of international rules, promoted the reform and development of international rules, and promoted the reform and construction of the global governance system. We have fully participated in the process of formulating international rules in the fields of anti-corruption, climate change, oceans, polar regions, etc., and continued to hold major events such as the "China International Forum on the Rule of Law" to promote cross-border legal and legal exchanges. China’s right to speak in international legal affairs has been continuously improved. Promote all parties to abide by international law and recognized basic principles of international relations in international relations, use uniform and applicable rules to clarify right and wrong, promote peace and seek development, and oppose colonization by the rule of law and infringe on the legitimate rights and interests of other countries.
Nine, according to the rules of the party to achieve a historic leap.
It is a distinctive feature of the rule of law in Socialism with Chinese characteristics to incorporate the inner-party laws and regulations into the national rule of law system and adhere to the integration of governing the country according to law and governing the party according to regulations. In the past ten years, the CPC Central Committee has creatively put forward the idea of governing the party according to rules, and the construction of laws and regulations within the party has been promoted to an unprecedented extent, and the results of governing the party according to rules have been remarkable and unprecedented, which has contributed China wisdom and China’s plan to the governance of political parties in the world.
(1) Insist on managing the party according to party constitution.
Always adhere to party constitution as the guide to promote the rule of the party, take the party constitution regulations as the fundamental basis for the whole party building system, implement party constitution’s requirements in all aspects of the whole process of strictly administering the party in an all-round way, and promote the respect for party constitution and the implementation of party constitution’s action consciousness of becoming the majority of party member cadres.
(B) the formation of a relatively complete system of laws and regulations within the party
In the past ten years, two five-year plans for the formulation of inner-party laws and regulations of the Central Committee have been formulated and implemented, and the pace of the formulation of inner-party laws and regulations has been accelerated, and the construction of inner-party laws and regulations has entered the fast lane, which has become a golden business card to highlight the institutional advantages of Socialism with Chinese characteristics. According to the statistics of the General Office of the Central Committee of the CPC Law Bureau, as of June this year, since the 18th National Congress of the Communist Party of China, 156 central inner-party regulations have been formulated and revised, accounting for 70.5% of the current effective central inner-party regulations, among which 45 rules and regulations with four pillars and eight pillars have been formulated and revised, accounting for 90% of the current effective rules and regulations.
(C) the enforcement of laws and regulations within the party is increasing.
The CPC Central Committee put the implementation of laws and regulations within the party in a more prominent position, and formulated the Provisions on the Responsibility System for the Implementation of Laws and Regulations within the Party in the Communist Party of China (CPC) (Trial), which clearly defined the responsibilities of party organizations at all levels and leading cadres in party member, incorporated the implementation of laws and regulations within the party into the inspection of party committees at all levels, and built a relatively perfect responsibility system for the implementation of laws and regulations within the party.
Ten, the rule of law team construction has achieved remarkable results.
The rule of law work team is a special force to govern the country according to law in an all-round way, which directly determines the quality and efficiency of the rule of law construction. In the past ten years, in accordance with the general requirements of building a socialist rule of law team loyal to the party, the country, the people and the law, we have persistently built a high-quality rule of law team with both ability and political integrity, constantly improved the ideological and political quality, professional work ability and professional ethics of the rule of law team, and the scale, structure and quality of the rule of law team have been further optimized.
(A) to strengthen the construction of the rule of law team.
The specialized team of rule of law mainly includes teams engaged in legislative, law enforcement, procuratorial and judicial work. In the past ten years, we have adhered to the direction of revolutionization, regularization, specialization and professionalization, continuously improved the examination, selection, management and guarantee system of the rule of law special team, and continuously improved the ideological and political quality, professional work ability and professional ethics of the rule of law special team.
(two) to strengthen the construction of legal service team.
The legal service team is composed of lawyers, notaries, judicial appraisers, arbitrators, people’s mediators, grassroots legal service workers and legal service volunteers. It plays an important role in protecting the legitimate rights and interests of the parties, maintaining social fairness and justice, carrying out publicity and education on the rule of law, resolving social contradictions and disputes, and promoting social harmony and stability. In the past ten years, we have continuously optimized the structure of public legal service team, strengthened the construction of lawyers, steadily increased the number of notaries, legal aid workers and arbitrators, accelerated the development of government legal consultants, developed the team of judicial experts to meet the needs, actively developed the team of full-time people mediators, increased the number of people mediators with professional backgrounds, and standardized the development of grassroots legal service workers to further optimize and upgrade their structure, scale and quality.
(3) Strengthening the construction of legal experts.
In line with the overall framework of the five armies of philosophy and social sciences, China has formed a legal research team with teachers in higher law schools as the main body, including social science think tanks, party school administrative colleges, research institutions of party and government departments, and legal researchers in military academies. In this team, there are not only a group of older generation jurists who have profound knowledge of Marxist law and made fundamental contributions to the discipline of law, but also a large number of young and middle-aged jurists who have a solid foundation in Marxist law and lead the discipline to keep pioneering and innovating, and a large number of young legal backbones who are determined to forge ahead and full of vigor, and have formed a legal expert talent system with firm political stance, complete professional categories and reasonable echelon structure. More and more China jurists have published their research results internationally and conducted academic cooperation and exchanges abroad, which has brought new faces, new voices and new elements to the world law and is becoming a new force to change the world law pattern.
(D) Improve the training mechanism of rule of law talents in colleges and universities
As the first place to train talents under the rule of law, colleges and universities have set up a legal education system with China characteristics, which transports more than 100,000 professionals under the rule of law every year. At present, China’s legal education ranks first in the world in terms of the number of law colleges and universities and the number of law students. As some experts have said, the China model of legal education has been formed to meet the needs of training legal talents and China’s national conditions, and it is in a three-legged pattern with the American model and the European model of legal education.
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General Secretary of the Supreme Leader pointed out that it is a long-term and significant historical task to comprehensively promote the rule of law. The CPC Central Committee has clearly put forward a long-term strategy of "three steps" for the future construction of China ruled by law, that is, by 2025, the rule of law system in Socialism with Chinese characteristics will be initially formed, and by 2035, a country ruled by law, a government ruled by law and a society ruled by law will be basically completed. This requires us, under the strong leadership of the CPC Central Committee with the Supreme Leader as the core, to thoroughly implement the Supreme Leader’s thought of rule of law, unswervingly follow the road of rule of law in Socialism with Chinese characteristics, speed up the construction of Socialism with Chinese characteristics’s rule of law system, build the foundation of rule of law, exercise the power of rule of law, accumulate the trend of rule of law, and make continuous progress towards the goal of rule of law in China with good laws and good governance.
(Author: Huang Wenyi, Dean of Law School of Renmin University of China. This article is compiled from "Tell the World ‘ China this decade ’ " The second lecture of the theme series)