The Strategic Design of the Comprehensive Rule of Law

Since the 18th National Congress of the Communist Party of China, Comrade Xi Jinping has made a series of important expositions on the rule of law: In strategic theory, the comprehensive rule of law is defined as a profound revolution in the field of national governance, which is an important part of the "four comprehensive" strategic layout. And the legal guarantee for coordinating the promotion of the "four comprehensive" strategic layout is a "legal revolution" characterized by the establishment, reform and abolition of laws and regulations "; in terms of strategic arrangements, it is emphasized that the comprehensive rule of law must adhere to the" trinity "of the socialist rule of law with Chinese characteristics, the theory of the rule of law, and the rule of law system, adhere to the party's leadership in legislation, ensure law enforcement, support for justice, and take the lead in the full implementation of law-abiding, adhere to scientific legislation, strict law enforcement, and fair justice, adhere to the rule of law country, the rule of law government, the rule of law society as a whole. This series of important expositions has made a strategic design for the comprehensive rule of law under the new situation.

Ruling the country by law in an all-round way is a profound revolution in the field of national governance.

comprehensively administering the country according to law is an important part of the reform of the political system. Comrade Xi Jinping pointed out in his explanation on the "Decision" of the Fourth Plenary Session of the Eighteenth Central Committee of the Communist Party of China: "Comprehensively advancing the rule of law is a systematic project and an extensive and profound revolution in the field of national governance." The reason why comprehensively promoting the rule of law is a revolution is that it, as a legal reform in the field of national governance, belongs to the category of national political system reform. Comrade Xi Jinping clearly pointed out that the reform of the judicial system is an important part of the reform of the political system and is of great significance to the modernization of the national governance system and governance capacity. Since the reform of the judicial system is an important part of my country's political system reform, other components of the comprehensive promotion of the rule of law, such as the reform of the legislative system, the reform of the administrative law enforcement system, the reform of the legal supervision system, and the reform of the law-abiding system for the whole people, of course, also belong to politics. The category of system reform.
　　

Comprehensive rule of law is an important aspect of promoting the modernization of national governance. The comprehensive rule of law is not only an important part of national governance, but also an important way and basic way to promote the modernization of national governance. It plays an important role in leading, standardizing, promoting and ensuring the modernization of national governance. To promote the modernization of the national governance system and governance capacity at a new historical starting point, we must comprehensively promote the rule of law and accelerate the construction of a socialist country ruled by law. From the perspective of the development of democratic politics, governing the country according to law means that the people are the masters of the country, managing national and social affairs, and managing economic and cultural undertakings in accordance with the Constitution and laws; from the perspective of strengthening and improving the party's leadership, governing the country according to the Constitution and laws Activities within the scope of the law, governing the country in accordance with and applying the Constitution and laws, governing the country according to the constitution and governing the law, governing the country according to law means governing power and officials according to law, respecting and protecting human rights, and realizing the rule of law in all work of the country; from the perspective of promoting the modernization of the national governance system and governance capabilities, governing the country according to law means continuously improving the country's legal system and legal system. At the same time, make these laws and systems operate well and effectively, and achieve good law and good governance.
 

The rule of law is a "legal revolution". Standing at the height of the strategic layout of the party and the country, Comrade Xi Jinping made an incisive exposition on the nature and significance of the comprehensive rule of law from multiple angles. He pointed out that comprehensively promoting the rule of law "is a major strategic issue related to our party's governance and rejuvenation of the country, the happiness and well-being of the people, and the long-term stability of the party and the country. It is important for improving and developing the socialist system with Chinese characteristics and promoting the modernization of the national governance system and governance capabilities. aspect". The comprehensive rule of law is a major reform or change of the legal superstructure, and it is a "legal revolution" with the nature of political system reform ". The fourth Plenary session of the 18th CPC Central Committee put forward more than 180 important reform measures, many of which are "hard bones" involving the adjustment of interest relations and the pattern of rights, which must be changed. The reform in the field of the rule of law involves the organs of state power, such as the Department of Public Security, Procuratorate and Law, which has a high degree of social attention, is difficult to reform, and requires a mind of self-innovation. In this regard, we must have a clear understanding and full preparation. For this reason, in order to comprehensively govern the country according to law, we must adhere to the organic unity of the leadership of the party, the people being the masters of the country and the rule of law, adhere to the joint promotion of the rule of law, the rule of law and the administration according to law, and adhere to the construction of a country ruled by law, a government ruled by law and a society ruled by law.
 

　　Comprehensive rule of law is an important part of the "four comprehensive" strategic layout and the guarantee of the rule of law
 

Comrade Xi Jinping clearly stated: "We must put the comprehensive rule of law in the strategic layout of the'four comprehensive' to grasp, deeply understand the relationship between the comprehensive rule of law and the other three 'comprehensive', and strive to achieve the'four comprehensive' complement each other. Promote each other and complement each other." The comprehensive rule of law is not only an important part of the "four comprehensive" strategic layout, but also an important institutional basis and legal guarantee for the coordinated promotion of the "four comprehensive" strategic layout.
 

The rule of law in an all-round way is the legal guarantee for building a well-off society in an all-round way. Building a well-off society in an all-round way contains the strategic goal of initially building China under the rule of law by 2020. The rule of law is not only an important symbol of building a well-off society in an all-round way, but also an institutional guarantee for building a well-off society in an all-round way. To comprehensively govern the country according to law, at the value level, we pursue freedom and equality, democracy and the rule of law, fairness and justice, harmony and order, and fully protect human rights and human dignity; at the system level, we pursue people's sovereignty, governing the country according to the constitution, governing according to law, administering according to law, fair justice and governing power according to law, and strive to build a China ruled by law; at the practical level, we pursue the law, we will promote scientific legislation, strict law enforcement, impartial justice and law-abiding by the whole people, and strive to achieve good law and good governance. At the same time, the comprehensive rule of law provides a good legal environment and effective legal guarantee for building a well-off society in an all-round way through unique institutional arrangements, standardized means, and compulsory functions of education.
 

The comprehensive rule of law and the comprehensive deepening of reform complement each other. Comprehensively governing the country according to law and comprehensively deepening reform are like two wheels of a car and two wings of a bird. The two complement each other and interact with each other. In his speech at the second plenary session of the fourth Plenary session of the 18th CPC Central Committee, Comrade Xi Jinping pointed out: "building a moderately prosperous society in an all-round way and deepening reform in an all-round way are inseparable from comprehensively promoting the rule of law. The decision of the Fourth Plenary Session of the Eighteenth Central Committee of the Party is a sister chapter of the decision of the Third Plenary Session of the Eighteenth Central Committee of the Party. We must earnestly implement it, so that comprehensively deepening reforms and comprehensively governing the country according to law are like two wheels, and jointly promote the building of a well-off society in an all-round way. The cause rolls forward." Comprehensively governing the country according to law and comprehensively deepening reform are top-level designs with both hands and both hands. Comprehensively governing the country according to law is the basic way to lead, promote and guarantee comprehensively deepening reform, and comprehensively deepening reform is the internal driving force of comprehensively governing the country according to law. We should correctly handle the relationship between the rule of law and reform, adhere to the unity of reform decision-making and legislative decision-making, and give full play to the leading, promoting, standardizing and ensuring role of legislation.
 

To comprehensively govern the country according to law, we must adhere to the leadership of the party and administer the party strictly in an all-round way. To comprehensively promote the rule of law, we must adhere to the party's leadership, handle the relationship between the party's leadership and the rule of law, and implement the party's leadership in the whole process and all aspects of the comprehensive rule of law. At the same time, to administer the party strictly in an all-round way, we must adhere to the basic strategy of governing the country and society according to law, which is our party's basic strategy of leading the people to govern the country and society, and the rule of law, which is our party's basic way of governing the country. Activities within the scope, lead legislation, ensure law enforcement, support justice, and take the lead in abiding by the law. Persist in implementing the party's leadership in the whole process of scientific legislation, strict law enforcement, fair justice, and law-abiding by the whole people, and in all aspects of governing the country according to law, governing according to law, administering according to law, and building a country under the rule of law, a government under the rule of law, and a society under the rule of law.
 

　　The road of socialist rule of law with Chinese characteristics, the theory of rule of law and the system of rule of law "trinity"
 

comprehensively administering the country according to law is a systematic project. Only by integrating the road of socialist rule of law with Chinese characteristics, the theory of rule of law and the system of rule of law to form a "trinity" can we deeply grasp the scientific connotation and essential characteristics of comprehensively governing the country according to law.
 

Adhere to the road of socialist rule of law with Chinese characteristics. The comprehensive rule of law must solve the road problem. Comrade Xi Jinping stressed: "to comprehensively promote the rule of law, we must go the right way. If you go the wrong way and go the opposite way, then there is no point in making any more demands and measures. The plenary session decided to have a red line running through the whole article, which is to adhere to and expand the road of socialist rule of law with Chinese characteristics. The road of socialist rule of law with Chinese characteristics is a general thing. Specifically speaking, there are more than a dozen or dozens of achievements in the construction of the rule of law in our country, large and small, but in the final analysis, it has opened up the road of socialist rule of law with Chinese characteristics." The road of socialist rule of law with Chinese characteristics is an indispensable and important part of the road of socialism with Chinese characteristics, and it is the fundamental way to comprehensively promote the rule of law and build a socialist country ruled by law. The road of socialist rule of law with Chinese characteristics is the product of the unity of history and reality, the combination of theory and practice, and has its own time and space positioning and characteristics of the times. Compared with the rule of law model and road of the United Kingdom, France, Germany, the United States and other capitalist countries, we are following the socialist road of rule of law, which are two fundamentally different in nature and must not be confused; compared with the expositions and descriptions of the ideal socialist society and its country and law by classic Marxist writers, we are now and will be in the primary stage of socialism for a long time. The rule of law in our country is the rule of law in the primary stage of socialism; compared with the Chinese legal system in history The legal culture and legal system of China, what we are taking today is a modern road of rule of law.
　　

Developing the theory of socialist rule of law with chinese characteristics. The theory of socialist rule of law with Chinese characteristics is an important part of the theoretical system of socialism with Chinese characteristics. It is based on the basic principles of Marxist state and law, and on the basis of absorbing and drawing on the beneficial achievements of the rule of law civilization at all times and in all countries. Starting from the practice of socialist modernization and the rule of law, the socialist rule of law theory with Chinese characteristics is gradually formed. The theory of socialist rule of law with Chinese characteristics is the inheritance, innovation and major development of the classical Marxist writers' theory of rule of law, the latest achievement of the Sinicization of Marxist theory of rule of law, and the theoretical guidance, ideological basis and theoretical support for comprehensively promoting the rule of law and speeding up the construction of a socialist country ruled by law. The theory of socialist rule of law with Chinese characteristics consists of four main parts, namely, the theory of ideological value, the theory of institutional norms, the theory of practical operation, and the theory of the relationship between the rule of law.
 

Building a socialist rule of law system with Chinese characteristics. The overall goal of comprehensively promoting the rule of law is to build a socialist legal system with Chinese characteristics and build a socialist country ruled by law. The proposal of this general goal, especially the proposal of building a socialist rule of law system with Chinese characteristics, is not only the first time in the history of the Communist Party of China, but also has originality in the world. It is a major innovation in our party's thought of governing the country, and marks a new height in our party's understanding of the development law of legal civilization, the law of socialist construction and the ruling law of the Communist Party. To build a socialist rule of law system with Chinese characteristics is to adhere to the socialist system with Chinese characteristics under the leadership of the Communist Party of China, implement the theory of socialist rule of law with Chinese characteristics, form a complete legal norm system, an efficient rule of law implementation system, a strict rule of law supervision system, and a strong rule of law guarantee system, so as to form a perfect inner-party legal system, Promote the modernization of national governance system and governance capacity. Comrade Xi Jinping pointed out that this general goal "not only clarifies the nature and direction of comprehensively advancing the rule of law, but also highlights the focus of work and the overall grasp of comprehensively advancing the rule of law", which is of programmatic significance for comprehensively advancing the rule of law. The comprehensive promotion of the rule of law involves many aspects. In actual work, there must be a general grasp of the overall situation and traction of all parties. This general grasp is to build a socialist legal system with Chinese characteristics. All work of governing the country according to law should be planned and promoted around this general starting point.
 

The road of socialist rule of law with Chinese characteristics, the theory of rule of law and the system of rule of law are "trinity". Comrade Xi Jinping pointed out: "The road of socialist rule of law with Chinese characteristics that we must adhere to is essentially a concrete manifestation of the road of socialism with Chinese characteristics in the field of rule of law; the theory of socialist rule of law with Chinese characteristics that we want to develop is essentially a theory of socialism with Chinese characteristics. The theoretical results of the system on the rule of law; the socialist rule of law system with Chinese characteristics that we want to build is essentially a legal manifestation of the socialist system with Chinese characteristics." This discussion shows that, on the one hand, for the relationship between the road, theory and system of socialist rule of law with Chinese characteristics and the road, theoretical system and system of socialism with Chinese characteristics, the former is subordinate to the latter, which is essentially the concrete embodiment and reflection of the latter in the field of rule of law; on the other hand, it is consistent with the internal unity of the road, theoretical system and system of socialism with Chinese characteristics, the road of socialist rule of law with Chinese characteristics, the theory of rule of law and the system of rule of law are also complementary, interdependent and trinity. They constitute the road guidance, theoretical support and institutional guarantee for comprehensively promoting the rule of law and accelerating the construction of a socialist country ruled by law, which fully embodies the road self-confidence, theoretical self-confidence and system self-confidence of the socialist rule of law with Chinese characteristics. To comprehensively promote the rule of law, we must consciously adhere to the "trinity" of the socialist rule of law with Chinese characteristics, the theory of the rule of law, and the rule of law system, and jointly lead and ensure that the cause of the rule of law advances along the correct direction and path of socialism with Chinese characteristics.

　　
(The author is a member of the Chinese Academy of Social Sciences and the director of the Institute of Law)

May 03, 2017 Source: People's Network-People's Daily