Window of Party Building
Study of General Secretary Xi Jinping's important speech at the opening ceremony of the special seminar for major leaders at the provincial and ministerial levels: Series of commentaries on the unity of reform and the rule of law, Part Four.
Release Time:2024-12-04 17:04
"We must adhere to the unity of reform and the rule of law" "Be adept at using legal thinking and legal methods to promote reform"... General Secretary Xi Jinping's important speech at the opening ceremony of the special seminar for major leaders at the provincial and ministerial levels on studying and implementing the spirit of the 20th National Congress of the Communist Party of China profoundly expounds the dialectical unity of reform and the rule of law, providing important methodological guidance and practical guidelines for effectively implementing reforms.
Scientific guidance: Adhere to the synchronized resonance of reform and the rule of law, and promote further comprehensive deepening of reform.
Since the 18th National Congress of the Communist Party, General Secretary Xi Jinping has visited Hainan three times, making important instructions on Hainan's reform and opening up.
On the shores of the South China Sea, the construction of the Hainan Free Trade Port is in full swing.
Building a free trade port with Chinese characteristics in Hainan is a major decision for deepening reform and expanding opening up in the new era.
In June 2021, the Standing Committee of the National People's Congress passed the Hainan Free Trade Port Law, using the power of the rule of law to promote the creation of a new high ground for reform and opening up, becoming a vivid epitome of the synchronized resonance of reform and the rule of law in the new era.
Reform and opening up are important treasures for the Party and the people's cause to catch up with the times, and the rule of law is the basic way to govern the country.
The "Decision" of the 20th National Congress of the Communist Party clearly states that we should deepen reform and promote Chinese-style modernization on the track of the rule of law, achieving the unity of reform and the rule of law, ensuring that major reforms are based on law, and timely elevating the results of reform to legal systems.
Reform involves breaking and establishing; understanding its laws can yield twice the result with half the effort. At this opening ceremony, General Secretary Xi Jinping scientifically grasped the inherent laws of comprehensively deepening reform, making profound discussions on adhering to the unity of reform and the rule of law, providing fundamental guidelines for handling the relationship between reform and the rule of law on the new journey.
To guide the construction of the rule of law, it is required to "improve the rule of law with the power of reform, further deepen reforms in the field of the rule of law, and continuously improve the socialist rule of law system with Chinese characteristics";
Further utilize the power of the rule of law, proposing to "better leverage the role of the rule of law in eliminating obstacles to reform and consolidating the results of reform";
Strengthen the legal guarantee for reform, emphasizing the need to "be adept at using legal thinking and legal methods to promote reform, ensuring that major reforms are based on law";
Adhere to the principle of equality before the law, clarifying that "all citizens and legal persons' legitimate rights and interests should be equally protected";
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When those who uphold the law are strong, the country is strong. Looking back at the successful practices and great achievements of comprehensively deepening reform since the new era, reform and the rule of law have always been closely linked and inseparable.
Since the 18th National Congress of the Communist Party, the Central Committee of the Communist Party with Comrade Xi Jinping at its core has created a new situation in the construction of a rule of law in China, insisting on deepening reform on the track of the rule of law, integrating comprehensive deepening of reform and comprehensive rule of law into the strategic layout of the "Four Comprehensives".
Reform means "breaking" and "changing", while the rule of law means "establishing" and "defining"; clarifying the relationship between them is very important.
General Secretary Xi Jinping pointed out clearly: "One view holds that reform must break through the legal barriers, and that the current legal constraints hinder and delay reform, so reform must proceed and the law must make way. Another view believes that the law must maintain stability, authority, and appropriate lag, making it difficult for the law to lead reform. Both views are incomplete."
The deepening of reform cannot be separated from the guarantee of the rule of law; the realization of the rule of law cannot be separated from the promotion of reform.
The "Decision" of the 18th Central Committee of the Communist Party set up a special section to deploy "promoting the construction of a rule of law in China". The 18th Central Committee's Fourth Plenary Session made top-level design and strategic deployment for comprehensively promoting the rule of law.
General Secretary Xi Jinping emphasized: "The 18th Central Committee's Third and Fourth Plenary Sessions respectively made comprehensive deepening of reform and comprehensive promotion of the rule of law as themes and made decisions, which have a close internal logic; it can be said that it is a general strategic deployment unfolded in chronological order. Building a moderately prosperous society in all respects and comprehensively deepening reform cannot be separated from comprehensively promoting the rule of law."
In the new era and on the new journey, reform and the rule of law are like the two wings of a bird or the two wheels of a vehicle; reforms in the field of the rule of law are continuously advancing in depth, and the power of the rule of law safeguards the steady and far-reaching advancement of comprehensive deepening of reform.
To adapt to the needs of reform and opening up, the pace of national legislation is faster and the quality is higher;
Judicial reform is interconnected and takes concrete actions, more effectively maintaining social fairness and justice;
The construction of a rule of law government is accelerating, clarifying the "boundaries of power" and stimulating market vitality;
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At a critical time for comprehensively promoting the construction of a strong country and the great rejuvenation of the nation with Chinese-style modernization, further comprehensively deepening reform and promoting Chinese-style modernization require reform and the rule of law to work in the same direction and promote each other.
Strengthening the foundation: Using the power of reform to improve the rule of law, effectively supporting the modernization of the national governance system and governance capacity.
Comprehensively ruling the country by law is a profound revolution in national governance.
Hanging up the national emblem, pulling up banners... On a day in July this year, on a hill in Huangtuyuan, Yuele Town, Huachi County, Qingyang City, Gansu Province, judges and officials sat on the ground with the masses to mediate land disputes.
The "mobile court" set up in the fields resolves disputes at the source, addressing the issue of "many cases and few people" with "case closed and matter resolved", reflecting the strength and warmth of reforms in the field of the rule of law.
Law changes with time, and governance is effective when it aligns with the world. Further deepening reforms in the field of the rule of law and continuously improving the socialist rule of law system with Chinese characteristics is an inherent requirement for further comprehensively deepening reform.
Scientific legislation is an important link in handling the relationship between reform and the rule of law.
Amend the constitution in line with the times, strengthen constitutional review and record review work; compile and implement the Civil Code to comprehensively protect citizens' civil rights; amend the Administrative Litigation Law to solve the "citizen suing the government" problem; promote the compilation of ecological and environmental laws to better protect blue skies, clear waters, and clean land...
Adhere to the simultaneous promotion of legislation, amendment, abolition, and interpretation, further strengthening legislation in key areas, emerging fields, and foreign-related fields, making the socialist legal system with Chinese characteristics more mature and complete.
In March 2023, the first session of the 14th National People's Congress voted to pass the decision to amend the Legislation Law.
"Legislation should adapt to the needs of reform, insisting on promoting reform under the rule of law and improving the rule of law in the process of reform, guiding, promoting, regulating, and guaranteeing relevant reforms" is clearly written into the law, making the path of unifying legislative decision-making and reform decision-making clearer.
Social fairness and justice are needed for development and are what the people desire.
General Secretary Xi Jinping profoundly pointed out: "The fundamental purpose of our Party's promotion of comprehensive deepening of reform is to promote social fairness and justice, allowing the results of reform and development to benefit all people more fairly and equitably."
The fundamental way to solve prominent issues in the field of rule of law is through reform. On the new journey, a series of reforms that have been 'thought about for many years and talked about for many years but not implemented' are breaking through and moving forward, playing an important role in maintaining social fairness and justice.
Once it was difficult to enter the court and difficult to file a case, but now it has changed to 'cases must be filed, and complaints must be addressed'; establishing a 'high-pressure line' to prevent judicial interference by leading officials, effectively stopping 'issuing orders' and 'making calls'; public security and government services have deeply promoted 'one-window service', 'full online processing', and 'cross-province processing'... The atmosphere of the judicial and law enforcement agencies has changed, and public trust has been effectively enhanced.
The reform of the criminal procedure system centered on trials safeguards the bottom line of preventing wrongful and erroneous cases, while the judicial responsibility system reform 'allows the adjudicators to judge and holds them accountable', promoting the substantive resolution of administrative disputes to achieve 'smooth governance and harmony among the people'... Tackling tough issues, navigating dangerous waters, and overcoming difficulties, allowing the people to truly feel that fairness and justice are right beside them.
In August 2018, General Secretary Xi Jinping presided over the first meeting of the Central Committee for Comprehensive Law-based Governance and delivered an important speech. The work of the Central Committee for Comprehensive Law-based Governance officially started, marking a new phase in the systematic and coordinated advancement of building a rule of law in China.
Acting in accordance with the law and governing by law.
The establishment of provincial (municipal, county) committees for law-based governance has been fully implemented, and the Party's leadership over comprehensive law-based governance has become stronger and more effective... The construction of the rule of law is steady and sails are set right, always moving forward in the correct direction.
Publishing lists of powers and responsibilities for government departments at the provincial, municipal, and county levels, implementing a system for publicizing administrative law enforcement, and enforcing major administrative decision-making procedures... The construction of a law-based government is accelerating, effectively harnessing the power of law.
Strengthening legal publicity, supporting legitimate self-defense, and punishing online violence... The concept of the rule of law is increasingly ingrained in people's hearts, and the legal environment in which the whole society conducts affairs according to the law, seeks legal solutions to problems, and resolves conflicts through law has significantly improved.
The deeper the reform, the more attention must be paid to systematic planning and overall coordination.
'Coordinated advancement of reforms in legislation, law enforcement, judicial processes, and law observance' is a clear requirement put forward in the 'Decision' of the 20th National Congress of the Communist Party of China.
With a firm grip and steady steps, reforms in the field of rule of law are continuously advancing, elevating the construction of the rule of law from a legal system to a comprehensive rule of law system that includes legislation, law enforcement, judicial processes, and law observance, promoting the modernization of the national governance system and governance capacity to a higher level.
With swift and steady steps: deepening reforms along the track of the rule of law, advancing Chinese-style modernization with a higher level of 'Chinese governance'.
On October 10, the highly anticipated draft law to promote the private economy was published on the websites of the Ministry of Justice and the National Development and Reform Commission, soliciting public opinions. In just four days, over a thousand opinions and suggestions were received.
As reforms enter a critical and deep-water phase, it is even more necessary to strengthen the foundation of the rule of law and leverage its power to safeguard further comprehensive deepening of reforms.
Better leveraging the positive role of the rule of law in eliminating resistance to reform and consolidating reform achievements, the execution and penetration of reforms are continuously enhanced—
Voting to pass the decision on implementing a gradual delay in the statutory retirement age; voting to pass the resolution on approving the 'State Council's proposal to review the increase of local government debt limits to replace hidden debts'...
After the conclusion of the 20th National Congress of the Communist Party of China, the two sessions of the Standing Committee of the National People's Congress held in September and November successively made decisions and resolutions on major reform and development issues, releasing legal momentum to promote high-quality development.
Taking law as the guideline, advocating the rule of law and good governance.
From revising the Administrative Penalty Law to deepen the reform of the administrative law enforcement system, to reforming the household registration system to establish a unified urban-rural household registration system; from amending the Population and Family Planning Law to promote long-term balanced population development, to breaking the 'revolving door' and 'glass door' to create a law-based business environment... The sword of the rule of law cuts through thorns and obstacles, effectively breaking through reform bottlenecks and ensuring the implementation of reforms.
Being adept at using legal thinking and legal methods to promote reform, fully leveraging the guiding and driving role of the rule of law—
Located in the Qilian Mountain National Park in the Qinghai region, Gangcha County in Haibei Prefecture is one of the habitats of the national first-class protected wild animal, the Tibetan antelope. Due to the lack of clear warning signs and speed limit facilities on relevant road sections, accidents involving vehicles and antelopes frequently occur.
Building a beautiful China cannot be separated from the protection of the rule of law. The procuratorial organs fulfill their duties of public interest litigation supervision, coordinating and communicating with multiple departments to promote the establishment of China's first life protection corridor for Tibetan antelopes.
Reform is advancing like a bamboo shoot after a rain, and the rule of law strengthens the foundation.
The scope of procuratorial public interest litigation is continuously expanding, and the effectiveness of the 'sword' of supervision is constantly being demonstrated in overcoming difficulties; accelerating the improvement of the Supervision Law and promoting the legislation of the Anti-Cross-Border Corruption Law, advancing a comprehensive approach to deter corruption, prevent corruption, and change the mindset against corruption; establishing a system for the list of party regulations and national laws that leaders should know and understand, promoting the 'key minority' to take the lead in practicing the rule of law in reforms...
Deepening reforms along the track of the rule of law, demonstrating the enhancement of the national governance system and governance capacity, providing a more solid support for reforms.
Ensuring that major reforms are based on law, solidifying the foundation with the rule of law, stabilizing expectations, and benefiting the long term—
On November 8 of this year, the 12th meeting of the Standing Committee of the 14th National People's Congress voted to pass the newly revised Cultural Relics Protection Law. A series of new experiences and practices have been written into law, marking a new stage of governance by law in cultural relics protection in our country.
Following the path, achieving success.
From formulating the Rural Collective Economic Organization Law to promote the high-quality development of new rural collective economies, to improving the national security legal system to better respond to risks and challenges; from strengthening judicial protection of property rights to ensure that 'those with stable property have stable minds', to formulating the Preschool Education Law to protect the healthy growth of the nation's flowers...
Exerting the power of the rule of law and accumulating the momentum of the rule of law, the foundation of 'Chinese governance' is further solidified, and its effectiveness is more pronounced, providing the most basic, stable, and reliable guarantee for further comprehensive deepening of reforms.
'Insisting on coordinating social forces, balancing social interests, adjusting social relations, and regulating social behavior along the track of the rule of law, relying on the rule of law to resolve various social conflicts and problems, ensuring that our society is both vibrant and orderly amidst profound changes.'
Under the strong leadership of the Party Central Committee with Comrade Xi Jinping at its core, comprehensive deepening of reforms and comprehensive law-based governance are advancing side by side, with the rule of law becoming more sound in promoting reforms, and reforms becoming more powerful under the protection of the rule of law, which will surely provide a more solid guarantee for comprehensively promoting the construction of a strong country and the great rejuvenation of the nation through Chinese-style modernization.
