The Fourth Plenary Session of the 18th CPC Central Committee deliberated and adopted the "Decision of the Central Committee on Comprehensively Advancing the Rule of Law". With this meeting as the node, China will start a new era of ruling the country according to law, and China's ruling the country according to law will move from a political strategy to a comprehensive and systematic practice of the rule of law. Under the guidance of the banner of socialist rule of law, the great ship China will surely walk more steadily and splendidly.
In today's world, the competition between countries is ultimately the competition of systems, and the modernization of countries is ultimately the modernization of systems. The rule of law is the biggest politics in China at present. The Fourth Plenary Session gave an inspiring answer and painted a grand blueprint with distinctive China characteristics to comprehensively promote the rule of law.
First, the rule of law carries China's ideal of governing the country
The rule of law carries China's ideal of governing the country, and also builds China's mansion of governing the country.
Since the founding of New China, especially in the past 30 years of reform and opening up, the rule of law construction in China has gone through an extraordinary road of difficult exploration and innovative development. Standing at a new historical starting point, the Party clearly puts forward that governing the country according to law is the basic strategy for the Party to lead the people to govern the country, and the rule of law is the basic way to govern the country. Since then, he has made many important expositions on governing the country according to law on different occasions. With the elaboration time and time again, the concept and path of the new leading collective governing the country according to law have become clearer and clearer.
Governing the country according to law is an inexhaustible motive force for realizing the Chinese dream of the great rejuvenation of the Chinese nation; It is the inherent requirement of comprehensively deepening the reform, perfecting and developing the Socialism with Chinese characteristics system; It is the only way for the country's long-term stability; It is the institutional cornerstone of social harmony and stability; It is the fundamental guarantee of people's rights.
The Fourth Plenary Session outlined an upgraded version of the rule of law with lofty ideas, grand framework and fine brushwork.
Second, the rule of law is based on good law and good governance.
The Fourth Plenary Session put forward that "to build the rule of law system in Socialism with Chinese characteristics, we must insist on legislation first, give play to the leading and promoting role of legislation, and grasp the key to improving the quality of legislation".
Good law and good governance is an ancient and lofty ideal of the rule of law. To realize this ideal, we need unremitting efforts and preparation on the road forever.
After several generations of hard work, a socialist legal system with Chinese characteristics was formed in 20 1 1 year, which provided a realistic institutional basis for governing the country according to law. However, this does not mean the end of legislation. On the contrary, as a dynamic and open legal system, China has ushered in a new legislative era as a turning point. During this period, China's legislative work highlighted three characteristics.
Perfecting the legal system-social practice is the foundation of law, and law is the summary of practical experience. Endless social practice provides infinite possibilities for the establishment and abolition of laws, and only laws that truly reflect the requirements of the times and the will of the people are good laws.
Helping reform and innovation-all major reforms must be based on the law. Reform is the main theme of this era, and legislation should play a leading and promoting role, and ensure that reform is steadily and orderly promoted on the track of rule of law with the rule of law thinking and the rule of law.
Democratic and scientific legislation-In the period of social transformation with multiple interests and frequent contradictions, legislation should provide a platform for equal dialogue and fair game for different interest groups in society by expanding the orderly participation of the public, listen to the opinions of all parties in society as widely as possible, and better coordinate the social interest relations.
Improving the quality of legislation and giving full play to the leading and promoting role of legislation are the characteristics of the new legislative era and the new requirements of the party for legislative work in the new period.
Third, strictly abide by the principle of constitutional supremacy
The Fourth Plenary Session of the CPC Central Committee proposed that we should first adhere to the constitution to govern the country according to law, and we should first adhere to the constitution to govern the country according to law. We will improve the system of constitutional implementation and supervision, the system of constitutional supervision of the National People's Congress and its committees, and the procedural mechanism of constitutional interpretation.
As the fundamental law of the country, the Constitution has established the development achievements of Socialism with Chinese characteristics Road, Socialism with Chinese characteristics Theory System and Socialism with Chinese characteristics System, reflected the consent and fundamental interests of the people of all ethnic groups in China, and has become the highest embodiment of the central work, basic principles, major principles and important policies of the party and the country in the new period. Therefore, governing the country according to law is first of all to govern the country according to the constitution and safeguard the authority of the constitution, that is, to safeguard the authority of the party and the people.
The life of the constitution lies in its implementation, and the authority of the constitution lies in its implementation. For a long time, people have been accustomed to regard the Constitution as a "enshrined law". Although its status is lofty, its implementation is not good enough. The fundamental reason lies in the lack of strict unconstitutional supervision mechanism.
Unconstitutional supervision is one of the most noteworthy highlights of the Fourth Plenary Session. Perfecting the system of constitutional implementation and supervision, and giving the National People's Congress and its Congress more solid and effective power of unconstitutional supervision are the fundamental guarantee for the implementation of the Constitution.
Fourth, promote the rule of law government to be brave in breaking through customs.
The Fourth Plenary Session proposed that governments at all levels must persist in working under the leadership of the Party and on the track of the rule of law, and accelerate the construction of a government ruled by law with scientific functions, statutory powers and responsibilities, strict law enforcement, openness and fairness, honesty and efficiency, and law-abiding.
The essence of the rule of law lies in handling the relationship between power and rights. For the government, the rule of law means limiting power; For citizens, the rule of law means the protection of rights. However, in reality, the expansion impulse of administrative power makes power sometimes more like a wild horse that is about to get out of control at any time. Therefore, in this sense, the key to governing the country according to law and building a government ruled by law lies in limiting power.
From 2004, the State Council's "Implementing Outline of Comprehensively Promoting Administration according to Law" clearly put forward the goal of "building a government ruled by law" for the first time, to the promulgation of a series of important administrative laws and regulations, including the administrative procedure law, the state compensation law, the administrative examination and approval law, and the administrative compulsory law, all of which reflect the restrictions and constraints on administrative power.
However, it is undeniable that at present, faced with the enormous pressure of reform, development and stability and the risks of social operation in the transitional period, the ability of some government departments to use the rule of law thinking and the rule of law to deal with problems is still insufficient, the ability and level of social governance still need to be improved, and the construction of a government ruled by law is still in a difficult stage.
Every task and goal put forward by the Fourth Plenary Session, such as implementing the government power list system, improving the decision-making mechanism according to law, deepening the reform of the administrative system, and implementing the responsibility system for administrative law enforcement, all point to the key to the current construction of a government ruled by law. Conscientiously implement the requirements of the Fourth Plenary Session, the government rule of law in China will surely leap to a new height.
V. Strive to achieve more just justice
The Fourth Plenary Session proposed that we must improve the judicial management system and the operational mechanism of judicial power, standardize judicial behavior, strengthen supervision over judicial activities, and strive to make the people feel fair and just in every judicial case.
The request of the Fourth Plenary Session on judicial work is the goal of current judicial reform. From 1987, the first trial of judicial reform, to today, the judicial reform has entered a period of comprehensive attack. Throughout the history of judicial reform in China, each time is closely related to the reform of the country, the new requirements and expectations of the party and the people for judicial work. After more than 30 years' efforts, today, from a higher starting point, China's judicial reform has begun to resolve to remove those deep-seated and institutional contradictions that affect judicial justice.
From abolishing the reeducation-through-labor system to introducing regulations to prevent unjust, false and wrong cases; From the live trial in Weibo to the trial documents online; From strictly regulating commutation, parole and medical parole, to comprehensively promoting the reform of letters and visits involving law and litigation, the new round of judicial reform in China has fallen on the hot issues that the people are most concerned about. The judicial de-localization and de-administration reform, as one of the difficulties in reform, is also being actively piloted, and the countdown to reform has started.
However, the judicial reform in China has never forgotten the purpose of starting because it has gone too long and far. Promoting judicial openness, judicial democracy and judicial supervision in an all-round way, ensuring judicial justice and clarity, establishing a socialist judicial system with China characteristics, and "striving to make the people feel fair and just in every judicial case" are the ultimate goals of China's justice. To achieve this goal, the pace of judicial reform in China has never stopped.
Six, let law-abiding become the spirit of the nation.
The Fourth Plenary Session proposed that it is necessary to carry forward the spirit of socialist rule of law, build a socialist culture of rule of law, enhance the enthusiasm and initiative of the whole society to enforce the rule of law, and form a social atmosphere that is glorious in abiding by the law and shameful in breaking the law, so that all the people can become loyal advocates, conscious followers and firm defenders of the socialist rule of law.
"Law-abiding is justice", an ancient proposition of the rule of law, is of great practical significance in China today. "The country is impermanent, and impermanence is weak. Those who serve the law are strong and the country is weak." For individual citizens, obeying the law should become a way of life; For the whole nation, obeying the law should become a national spirit and cultural consciousness.
Governing the country according to law is not a water without roots and a tree without roots, it needs the nourishment of the rule of law culture and the support of the rule of law spirit. If we say that scientific legislation, fair law enforcement and fair justice are the external manifestations of governing the country according to law, then the rule of law culture represented by the whole people believing in and abiding by the law is the endogenous driving force for governing the country according to law. Only a strong endogenous power can make the rule of law take root in the land of China and release endless vitality and creativity.
The Fourth Plenary Session regards abiding by the law by the whole people as an important part of governing the country according to law, so that people can clearly see that the party's general plan of governing the country is being integrated into social culture, and the way of state governance is being sublimated into the national spirit.
Seven, casting loyal rule of law work team
The Fourth Plenary Session proposed that to comprehensively promote the rule of law, we must vigorously improve the ideological and political quality, professional work ability and professional ethics of the rule of law team, and strive to build a socialist rule of law team loyal to the party, the country, the people and the law.
The ancients said, "If you get a man but not his law, you will not be able to do it;" If you get the law but not the man, then the law will not help. Human law and capital, and the rule of the world. " The decisive factor for the success or failure of a career lies in people. To comprehensively promote the rule of law, realize the overall goal of building a legal system in Socialism with Chinese characteristics and a socialist country ruled by law, the core force is a loyal and professional legal work team.
The soul of the rule of law work team is loyalty to the cause of the party and the people and to the law. The connotation of the rule of law in Socialism with Chinese characteristics is to adhere to the organic unity of the party's leadership, the people being the masters of the country and governing the country according to law, which requires that the rule of law work team in China must have firm ideals and beliefs, adhere to the supremacy of the party's cause, the people's interests, the Constitution and the law, faithfully perform their duties and do not disgrace their mission.
The foundation of the rule of law work team is legal professionalism and professionalism. In the final analysis, the rule of law team is still a professional team, and only good professional quality and ability will win credibility and respect for this team.
The Fourth Plenary Session put forward the requirements for the rule of law work team from ideological construction, team building, personnel training and other aspects, and solved the big problem of who will take the lead in the construction of socialist rule of law with China characteristics.
Eight, the unity of the party's leadership and the rule of law.
The Fourth Plenary Session proposed that the leadership of the Party is the most fundamental guarantee for comprehensively promoting the rule of law and accelerating the construction of a socialist country ruled by law. We must strengthen and improve the party's leadership over the rule of law and implement the party's leadership throughout the whole process of comprehensively promoting the rule of law.
To comprehensively promote the rule of law, we must correctly handle the relationship between the party's leadership and the rule of law. On this issue, our party has already made it clear that "the leadership of the party should be achieved by leading the people to formulate the Constitution and laws and leading the people to implement the Constitution and laws, and the party itself must also act within the scope of the Constitution and laws to truly lead legislation, ensure law enforcement and take the lead in obeying the law". The Fourth Plenary Session once again clearly stated that "the leadership of the Party is the essential feature of Socialism with Chinese characteristics and the most fundamental guarantee of the socialist rule of law", and that "the leadership of the Party is consistent with the socialist rule of law, and the socialist rule of law must uphold the leadership of the Party and rely on it".
To this end, strengthening and improving the party's leadership is an important topic of the Fourth Plenary Session. The Fourth Plenary Session not only clarified the ruling idea of the Party's ruling according to law, but more importantly, made the idea of ruling according to law concrete, legalized and operable. There are no institutional obstacles to improving the party's leadership style and governing the country according to law. The key is that the party's leading cadres must break the ideological obstacles, consciously put their power and personal will under the supervision of the Constitution and laws, and implement the party's leadership throughout the whole process of governing the country according to law.
Unswervingly taking the road of socialist rule of law with Chinese characteristics is the clearest signal released by the Fourth Plenary Session of the 18th CPC Central Committee. Constitutional supremacy, scientific legislation, fair law enforcement, fair justice, law-abiding for the whole people, and ruling according to law are the specific paths for governing the country according to law. Conscientiously implement the spirit of the Fourth Plenary Session, actively participate in comprehensively promoting the great practice of governing the country according to law, and the ideal of China ruled by law will surely become a reality.
The above is my learning experience. In the days to come, I am determined to keep learning new educational theories, be proactive and innovative.