Zhou Qiang: Actively Promote the Establishment of a Socialist Nation with Rule of Law

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Zhou Qiang: actively promote the establishment of a socialist country ruled by law

2013-08-12 08:25:56 Source: People's Dailyhttp://www.chinapeace.org.cn/

Actively promote the construction of a socialist country ruled by law

——Study Comrade Xi Jinping's important discourses on the contstruction of the rule of law.

周强

党的十八大明确提出全面推进依法治国,加快建设社会主义法治国家,对法治建设作出重大部署。 Since the party's 18th national congress , Comrade Xi Jinping, has published several important expositions on the rule of law, further indicating the direction and path for establishing a socialist country with rule of law, enriching and developing the theory of socialist rule of law; and strengthening judicial efforts, clearly requiring the maintenance and improvement of the socialist legal system with Chinese characteristics and providing powerful theoretical guidance and ideological weapons for advancing the establishment of a socialist country under rule of law, signalling the entry into a new phase of this work.

Clarifying the basic ideas of establishing a socialist nation under rule of law

Comrade Xi Jinping's significant discussions on the establishment of rule of law, from the high vantage point of the overall strategic interests of the party and state, make an overall plan for advancing the establishment of rule of law, naturally unifying the party's leadership, the people, rule by the people, and governance under law. As to the establishment targets, they clearly put forward the vigorous advancement of the establishment of a peaceful China under the rule of law, implementing the basic plan of governance under law, and accelerating the establishment of a social nation under the rule of law. As to the general arrangement, they clearly put forward the overall advancement of rational legislation, strict enforcement of laws, judicial fairness, and a law-abiding populace; persisting in the common advancement of rule by law, governance under law and administration under law, and persisting in the total establishment of a nation under the rule of law, a government under the rule of law and a society under rule of law. As to the means of governance: the rule of law should be the basic means by which the Party governs the nation, emphasizing the Party's leadership of the people in both formulating and implementing the Constitution and the laws, and the Party must act within the scope of the constitution and laws, truly achieving Part leadership of legislation and ensuring enforcement, leading the way in obedience to the law. As to the core purposes: emphasizing adherence to the central position of the people, guaranteeing citizens' equality before the law, respecting and ensuring human rights, ensuring the people that the people enjoy broad rights and freedoms, ensuring that the citizen's rights such as in person and property , are not infringed and protecting the basic interests of the masses. As to the approach, emphasizing and strengthening the implementation of the Constitution and laws; maintain the unity, dignity and authority of the Socialist legal system' ; protect social fairness and justice; create a legal environment where the people are unwilling to break the law, cannot break the law, and don't dare to break the law; until where there is law it must be enforced, where there is enforcement it must be strict, and where there are violations they must be prosecuted. These important requirements and allocations realize the Party Center's 'three greater emphases" on advancing the rule by law.

Greater emphasis on the overall advancement of the rule of law and coordinating developments. For a long time, our party solidarity leads the people in unending exploration to establish a socialist nation with rule of law. The 15th Congress put forward 'governance under law' and established the basic strategic target of a nation with socialist rule of law; the parties 16th, 17th and 18th congresses all made important allocations for the advancement of governance under law. Comrade Xi Jinping's important discourses, continue and develop our Party's basic thinking on governance under the law, clearly putting forward the overall promotion of rational legislation, strict enforcement, judicial fairness, all citizens complying with law, and adhering to the "three joint promotions" and This will elevate the construction of rule of law to the high levels of all party and state affairs, encompassing all aspects economic and social development, painting a glorious blueprint for the overall promotion and coordinated development of the rule of law. So long as we follow the direction and path set out by the Party center, unwaiveringly promote the basic strategy of governance under law, we will absolutely reach our goals of a peaceful China under the rule of law.

Greater emphasis on using the rule of law to secure the basic interests of the masses. Our Party's leaders have brought prosperity to the people, carried out the reform and opening and socialist modernization, towards the basic goal of the overall advancement of people. The rights to life and development are basic fundamental basic rights of people's livelihood, and issues in people's livelihoods are, at heart, legal problems. For protecting the people's rights and interests, the rule of law is the only path, and it is also a fundamental guarantee. Comrade Xi Jinping stressed that we must use the law to ensure that all citizens enjoy broad rights, strive to protect the fundamental rights and interests of the masses and ensure that masses' aspirations and pursuit of a good life. This not only highlights the core values ​​of the rule of law, but also gives the establishment of a socialist rule of law an extensive and profound basis in the masses. This means that in legislation, enforcement and justice and all other environments and areas, we need to thoroughly carry out the party's massline, respect and protect human rights, persist in the equality of all people before the law, protect the procedural and substantive rights of all parties in accordance with law, let all those whose rights have been violated find protection and remedies, cause illegal and unlawful activity to receive judgment and punishment, and strive to realize social justice.

Greater emphasis on promoting and guaranteeing the realization of the Chinese Dream through rule of law. 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,推进中国特色社会主义经济、政治、文化、社会、生态文明建设“五位一体”总布局,法治建设既是重要内容,也是有力保障。 Against a background of society becoming information based, and the economy globalized, gaining a developmental advantage requires using the construction of rule of law to create a good environment for development. Comrade Xi Jinping has emphasized that we must strengthen the implementation of the constitution and laws, push forward a legal environment in which matters are handled according to law, law is sought out when problems are encountered, problems are solved using law, and conflicts resolved through law; we must form a legal environment were the people are unwilling to violate the laws, cannot violate the law, and don't dare to violate the law; and promote all efforts on the legal track. This requires that we strive to create a favorable legal environment and use the force of rule of law to promote the realization of the China dream. We must set our sights on the overall efforts of the Party and state, putting the establishment of rule of law into the "five in one" general layout plan and go forward.

Enrichment and Development of the Theory of Socialist Rule of Law with Chinese Characteristics

The theory of socialist rule of law with Chinese characteristics is an important component of the theoretical system of socialism with Chinese characteristics, and has immense significance in guiding the establishment of rule of law. 习近平同志的重要论述,深刻阐明了推进法治建设的基本遵循和价值追求,使我们进一步坚定了对中国特色社会主义的理论自信。 关于依法执政理念,提出依法治国首先是依宪治国,依法执政关键是依宪执政。 关于法治的价值,强调树立法治信仰,提出宪法的根基在于人民发自内心的拥护,宪法的伟力在于人民出自真诚的信仰,要以法治凝聚共识,让人民群众充分相信法律、自觉运用法律。 关于法律实施,要求执法者必须忠实于法律,领导机关和领导干部要提高运用法治思维和法治方式的能力,保证宪法和法律的遵守和执行。 关于法治与德治的关系,要求坚持依法治国和以德治国相结合,把法治建设和道德建设、他律和自律紧密结合起来,引导公民既依法维护合法权益,又自觉履行法定义务。 关于弘扬法治精神,提出坚持法治教育和法治实践相结合,在全社会弘扬社会主义法治精神,促进形成学法尊法守法用法的良好氛围,等等。 深刻学习领会这些理论创新,应把握以下几个重点。

Strengthening the idea of handling matters through law. Implementing the basic plan for governance under law and accelerating the establishment of of a nation under socialist rule of law, must ensure, must ensure the effective and comprehensive implementation of the constitution and laws. Protecting that authorityof the constitution and the laws, is protecting the authority of the Party and the common will of the people. To defend the Constitution and the law, is to defend the dignity of the common will of the people. Ensure the implementation of the Constitution and laws, is to ensure the realization of the fundamental interests of the people. Leading cadres at all levels should lead the way in handling matters according with law, lead the way in complying with laws, firmly establish that law is a read line that must not be touched and a bottom line that cannot be crossed, all while maintaining reverence for the constitution and laws in their hearts. Especially those in the judiciary who are the new ranks in the establishment of the rule of law, they must maintain a clear theoretical ground, a steadfast faith in law, hold fast to core values of of establishing the socialist legal system and of the police, conscientiously resist the infiltration of western wrong ideas, while maintaining loyalty to the Party, loyalty to the nation, loyalty to the people, and loyalty to the constitution and laws.

Calling into play the mutually complementary roles of rule of law and rule of morality. The establishment of rule of law and the establishment of morality are complementary and help each other forward. 实践表明,良好的道德风尚既可以减少各种矛盾纷争、净化社会环境,使司法机关能够集中精力解决一些重大疑难案件,又可以使法律的实施得到广泛的道义上的理解与支持,减少法律实施的阻力,提高法律权威。 要通过依法打击犯罪、保障人权,厘清责任、明辨是非,平衡利益关系、化解社会矛盾,充分发挥司法裁判的教育、评价、指引、示范等功能,引导全体公民切实增强法律意识、道德意识,依法行使权利,主动履行义务,做到知荣辱、明善恶、重品行,促进形成良好的社会道德风尚。

Vigorously develop and spread the spirit of socialist rule of law throughout the entire society. 中国特色社会主义法律体系的形成,总体上解决了有法可依的问题,但是法治建设仍然任重道远。 The law can not just be written on paper, but should be written in the hearts of the citizens. 只有人心思法、人心思治,才能形成推动法治进步的强大力量。 习近平同志强调要以法治凝聚共识,树立全社会对法治的信仰,培育法治文化,弘扬法治精神,对于加快建设社会主义法治国家意义重大、影响深远。 弘扬法治精神,必须坚持严格执法、公正司法,通过依法审判处理各类案件,把法律观念、法治精神融入当事人和社会公众的心中; 必须加强法制宣传教育,让宪法和法律家喻户晓,促进在全社会形成宪法至上、守法光荣的良好氛围; 必须引导公民以法治方式表达诉求,使大家相信只要是合理合法的诉求,通过法律程序就能得到合理合法的结果,从而能够发自内心地拥护法治、信仰法治。

Indicating the direction and path to enhance judicial efforts and improve the judicial system

The judicial system is an important component of the socialist system with Chinese characteristics and judicial work must follow the correct developmental direction and path. 习近平总书记的重要论述,既有宏观层面的大政方针和理论指引,又有对加强司法工作、完善司法制度的具体要求。 关于司法工作目标,强调公正司法是维护社会公平正义的最后一道防线,提出努力让人民群众在每一个司法案件中都感受到公平正义,要求所有司法机关紧紧围绕这个目标来改进工作。 关于司法工作宗旨,强调司法工作要密切联系群众,坚持司法为民,改进司法作风,重点解决影响司法公正和制约司法能力的深层次问题,切实解决好老百姓打官司难问题。 关于司法体制改革,要求支持审判机关、检察机关依照宪法和法律独立负责、协调一致地开展工作,确保审判机关、检察机关依法独立公正行使审判权、检察权。 关于提升司法公信力,提出加强公正司法,严格遵守法律程序制度,规范司法行为,加大司法公开力度,回应人民群众对司法公正公开的关注和期待,坚守防止冤假错案底线,等等。 要落实好这些要求,各级人民法院必须突出抓好以下几项工作。

Resolutely implement the goal of "striving to make the people feel fairness and justice in every case." 公平正义是中国特色社会主义的内在要求。 随着经济社会的发展进步,人民群众更加期待平等参与、平等发展,更加关注社会公平正义。 特别是在法治条件下,公正司法在消除社会不公、维护公平正义方面扮演着重要角色,是维护社会公平正义的最后一道防线。 公正是公信的基础,而公信力则是司法权威的前提。 司法机关应当切实肩负起维护公平正义的神圣职责,牢牢坚持司法为民、公正司法,严肃认真地对待每一起案件,坚决防止和依法纠正冤假错案,靠一个个具体案件的公正审判,提升司法公信力,维护司法权威。

Actively promote reform of the judicial system. Deepening the reform of Justice system is a necessary requirement for adhering to and perfecting the Socialist legal system with Chinese characteristics. Ensuring that trial organs and procuracy organs independently and fairly exercise their adjudicatory and prosecutory powers has been consistently advocate by our Party and state, and is also an important goal of deepening judicial reforms. Since the Party's 16 congress, we have carried out two rounds of judicial reform under the party center's unified allocation, achieving great success. But we must also see that following the further promotion of the establishment socialist democratic legal system, there are still many issues that must be resolved. Currently, the central is initiating a new round of judicial reforms, and judicial organs efforts to perfect justice system mechanisms should rotate around those deep issues that influence judicial fairness and constrain judicical capacity, so as to achieve new developments. In particular, implementing the independent exercise of judicial power and the constitutional principles of prosecutorial power, strictly handling matters according to law, following to the principles of the rule of law, persist in viewing facts as the basis and the law as their measure, and resolutely preventing allowing words to stand in place of law, power to suppress the law, and use of the law for personal gains. We must bravely exclude all interference, bravely persist in principles, and hold on to the truth, handling matters according to law and establishing and completing systems and guarantees for preventing interference, and ensuring the correct implementation of the constitution and the laws.

Unremittingly persist in strengthening the self-construction of judicial organs. 不断加强自身建设,是司法机关做好各项工作的重要保障,也是提升司法公信力的迫切要求。 习近平同志的重要论述,不仅对司法工作宗旨、司法权运行机制、司法能力、司法作风和司法廉洁建设等提出全面具体的要求,还强调要加强基层司法队伍建设,加强司法干部体制和经费保障体制建设,改善司法干部工作生活条件,让他们更好履行职责。 各级人民法院应当牢固树立群众观点,按照“照镜子、正衣冠、洗洗澡、治治病”的总要求,扎实开展好党的群众路线教育实践活动,切实解决工作中存在的“四风”问题,树立良好司法形象。 坚持重心下移、固本强基,加大对基层工作的支持力度,进一步增强基层实力、激发基层活力、提高基层战斗力,激励广大基层司法干部以良好的精神状态和饱满的工作热情,投入到建设法治中国的伟大实践中去。

(The Author is the President of the Supreme People's Court)

 

 

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