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Improve the institutional mechanisms to ensure the full implementation of the Constitution
The Constitution is the fundamental law of the country, the general constitution for governing the country, and the concentrated expression of the will of the party and the people. The "Decision of the Central Committee of the Communist Party of China on Several Major Issues Concerning Upholding and Improving the Socialist System with Chinese Characteristics and Promoting the Modernization of the National Governance System and Governance Capacity" approved by the Fourth Plenary Session of the 19th Central Committee of the Communist Party of China clearly proposes a sound system and mechanism to ensure the full implementation of the Constitution. This is of great significance for adhering to the rule of law in an all-round way under the new situation, strengthening the implementation and supervision of the Constitution, safeguarding the authority of the Constitution, and giving full play to the role of the Constitution as the fundamental law of the country.
China's Constitution is a major institutional achievement achieved by the Chinese people under the leadership of the Communist Party of China.
General Secretary Xi Jinping pointed out: "Looking back on the development of my country's constitutional system, we feel more and more that my country's constitution is closely connected with the hard work and brilliant achievements created by the party and the people, and is closely connected with the path of progress and the valuable experience accumulated by the party and the people." The important assertion that "the two are closely linked" is the key to understanding the contemporary Chinese constitutional system. It is impossible to correctly understand, understand and grasp the contemporary Chinese constitutional system without understanding and connecting with the historical process of difficult and tortuous, radical change and turbulent development in modern China for more than 100 years.
The constitution in the modern sense was first created by the Western countries and is a product of the bourgeois revolution. After the Opium War in 1840, China was gradually reduced to a semi-colonial and semi-feudal society. For the sake of national rejuvenation, countless people with lofty ideals have carried out various forms of struggle, exploration and experimentation "with patriotism and national salvation as their own responsibility. With the spread of Western learning to the east, constitutional salvation and reform have become the goals of many people. They hope to imitate the Western constitutional system to improve and transform China. In 1898, the Reform Movement of 1898 failed, and Tan Sitong and other "six gentlemen" spilled their blood at Caishikou in the capital. In 1908 and 1911, under pressure, the Qing government successively promulgated the outline of the Imperial Constitution and the 19 major creed of the Constitution, but it could not win the trust of others at all and was bound to disappear with the end of the Qing Dynasty.
In 1911, the Revolution of 1911 led by Dr. Sun Yat-sen abolished the monarchy, founded the Republic of China, and produced the "Provisional Constitution of the Republic of China" with the nature of bourgeois democratic revolution, which is of historical and progressive significance. However, limited to historical conditions, the revolution and peace treaty have failed to fundamentally change the tragic fate of the country and the nation, and the historical task of the Chinese people against imperialism and feudalism has not yet been completed. Later, there were "Tiantan Constitutional Grass" (1913), Yuan Shikai's "Yuan Ji Covenant Law" (1914), Cao Kun's "Bribery Constitution" (1923), Duan Qirui's "Republic of China Constitutional Grass" (1925), and Chiang Kai-shek's "Discipline Period Covenant Law" (1931), "Five-Five Constitutional Grass" (1936), "Republic of China Constitution" (1946), etc. Various versions of the constitutional documents have been introduced, and various political forces have repeatedly played games. But in essence, they just want to use the signboards and names of the constitution, constitutionalism, and constitutionalism to decorate the facade, win the hearts of the people, and maintain the reactionary rule of the old forces. In the end, they cannot escape the fate of failure and are spurned by the Chinese people.
The Chinese Communists, with Comrade Mao Zedong as the main representative, began to explore and practice the general constitution of the people's democratic regime in the great struggle of leading the Chinese people in the new democratic revolution. Among them, the representative institutional documents are the outline of the Constitution of the Soviet Republic of China (1931) and the constitutional principles of the Shaanxi-Gansu-Ningxia Border region (1946), which have gained valuable practical experience in some areas. At the same time, our party has also put forward basic ideas and important principles for the construction of future political power. The representative theoretical documents are Comrade Mao Zedong's "On New Democracy" (1940) and "On the People's Democratic Dictatorship" (1949). These important practical and ideological and theoretical achievements have had a profound and lasting impact on the establishment and development of the national system and constitutional system of New China.
The establishment of the the People's Republic of China opened a new historical era in which the Chinese people were the masters of their own country. In September 1949, on the eve of the founding of New China, the first plenary session of the Chinese People's Political Consultative Conference adopted the "Common Program of the Chinese People's Political Consultative Conference" with the role of provisional constitution. In September 1954, the First Session of the First National People's Congress adopted the the People's Republic of China Constitution. These constitutional documents have confirmed the heroic struggle of the Chinese people against internal and external enemies, national independence and people's freedom and happiness for more than 100 years in modern times, and the great historical changes in which the Chinese Communist Party led the Chinese people to win the victory of the new democratic revolution and control state power. It has established the basic structure, fundamental principles and activity guidelines of the new state system and constitutional system, and laid the fundamental political premise and institutional foundation for all development and progress in New China.
Our Constitution is a good Constitution.
Since the late 1950 s, due to the "left" mistakes and deviations in the guiding ideology, the construction of democracy and legal system in China has stagnated and hovered. In particular, the subsequent "Cultural Revolution" brought serious damage and great disaster to the cause of the party and the state, and the constitutional system was in vain. This lesson is extremely profound.
In December 1978, the Third Plenary Session of the Eleventh Central Committee of the Communist Party of China achieved a historic turning point, set things right, opened a new historical period of reform and opening up, and established the basic policy of developing socialist democracy and improving the socialist legal system. Comrade Deng Xiaoping made it clear that "in order to safeguard people's democracy, the legal system must be strengthened. Democracy must be institutionalized and legalized so that such systems and laws will not be changed by changes in leaders and by changes in their views and attention." my country's current constitution was adopted by the Fifth Session of the Fifth National People's Congress on December 4, 1982 in accordance with the line, principles and policies of the Third Plenary Session of the Eleventh Central Committee of the Party, and to meet the needs of the new historical period of reform and opening up and socialist modernization. Many important systems, principles and rules established by the 1982 Constitution originated from the 1954 Constitution and the 1949 "Common Program", which are the inheritance, improvement and development of them under the new historical conditions.
After the promulgation and implementation of the 1982 Constitution, according to the practice and development of China's reform and opening up and socialist modernization, under the leadership of the CPC Central Committee, the National people's Congress made necessary amendments to individual provisions and some contents of the 1982 Constitution five times in 1988, 1993, 1999, 2004 and 2018 respectively. The five constitutional amendments reflect and reflect the successful experience of the Chinese Communist Party in leading the people of all ethnic groups across the country in reform and opening up and socialist modernization, as well as the development results of the socialist road, theory, system, and culture with Chinese characteristics. Through the amendment of the constitution, China's constitution keeps pace with the times in the great practice of socialism with Chinese characteristics, constantly keeps pace with the times, improves and develops.
In the form of the fundamental law of the state, China's Constitution confirms the great struggle and fundamental achievements of the Chinese people in revolution, construction and reform under the leadership of the Communist Party of China, establishes the state system of the people's democratic dictatorship and the system of people's Congress led by the working class and based on the alliance of workers and peasants, and defines the fundamental tasks, leadership core, guiding ideology, development path and goals of the country, it stipulates the system of multi-party cooperation and political consultation under the leadership of the Communist Party of China, the system of regional ethnic autonomy and the system of grassroots mass autonomy, the patriotic united front, the principle of socialist rule of law, the principle of democratic centralism, the principle of respecting and protecting human rights, etc., reflecting the common will and fundamental interests of the people of all ethnic groups in our country.
The course of the 70 years since the founding of New China, especially the more than 40 years of reform and opening up, has fully proved that China's Constitution has strongly adhered to the leadership of the Communist Party of China, effectively guaranteed that the people are the masters of the country, effectively promoted reform and opening up and socialist modernization, effectively promoted the process of building a socialist country under the rule of law, and effectively safeguarded national unity, national unity, social harmony and stability. A series of fundamental systems, basic systems, important systems, principles and rules established by China's Constitution, as well as a series of major policies and basic policies, have significant advantages, solid foundation and strong vitality, and must be adhered to for a long time, comprehensively implemented and continuously developed.
Reviewing the history of the creation and development of China's constitutional system by our party's leaders and the people, we can draw many enlightenments and conclusions. General Secretary Xi Jinping summed up four important conclusions when he presided over the fourth collective study of the political Bureau of the 19th CPC Central Committee in February 2018. The first is to formulate and implement the constitution, promote the rule of law, and build a country under the rule of law, which is an inevitable requirement for the realization of national prosperity, national rejuvenation, social progress, and people's happiness. Second, my country's current constitution was formulated and continuously improved on the basis of a profound summary of the successful experience of my country's socialist revolution, construction, and reform. It is the inevitable result of the historical logic, theoretical logic, and practical logic of our party's long-term leadership of the people. Third, only the Communist Party of China can persist in building the party for the public and being in power for the people, fully carry forward democracy, lead the people to formulate a constitution that embodies the will of the people, and lead the people to implement the constitution. Fourth, our party attaches great importance to the important role of the Constitution in governing the country, firmly safeguards the dignity and authority of the Constitution, and promotes the improvement and development of the Constitution. This is the fundamental reason why the Constitution of our country maintains its vitality. These important conclusions about our constitutional system are our valuable experience and important principles that we must adhere to and implement in the future, and they are of long-term guiding significance.
Comprehensively strengthen the implementation of the Constitution
(I) put the full implementation of the Constitution in a more prominent position.
The life of the constitution lies in its implementation, and the authority of the constitution also lies in its implementation. The full implementation of the Constitution is the primary task of comprehensively governing the country according to law and the basic work of building a socialist country ruled by law. We must unremittingly do a good job in the implementation of the Constitution. From the development of the constitutional system of New China, we can clearly see that the constitution is closely related to the future of the country and the destiny of the people. The longer time goes on and the more our cause develops, the more we feel the power of the Constitution. Regardless of the past, present or future, to maintain the authority of the constitution is to maintain the authority of the common will of the party and the people; to defend the dignity of the constitution is to defend the dignity of the common will of the party and the people; to ensure the implementation of the constitution is to ensure the realization of the fundamental interests of the people. As long as we earnestly respect and effectively implement the Constitution, there is a guarantee that the people will be the masters of the country and the cause of the party and the state will develop smoothly. On the contrary, if the constitution is ignored, weakened or even destroyed, the rights and freedoms of the people cannot be guaranteed, and the cause of the party and the state will suffer setbacks. We must more consciously abide by the principles of the Constitution, carry forward the spirit of the Constitution, and fulfill the mission of the Constitution.
Socialism with Chinese characteristics has entered a new era, which has put forward new and higher requirements for comprehensively governing the country according to law, especially governing the country according to the constitution. To implement the spirit of the 19th CPC National Congress and the second, third and fourth Plenary sessions of the 19th CPC Central Committee, we must pay more attention to giving full play to the role of the Constitution as the fundamental law of the country, take the Constitution as the fundamental criterion of activities, strengthen the implementation and supervision of the Constitution, and safeguard the dignity and authority of the Constitution; take the Constitution as the general basis, deeply promote scientific legislation, strict law enforcement, fair justice, and law-abiding by the whole people, and raise the rule of law and constitution to a new level.
(II) and improve the ways and means of implementing the Constitution.
According to the arrangement of China's constitutional system and summing up practical experience, the implementation of China's constitution is characterized by multi-channel, multi-mode and multi-subject, which is a dynamic, continuous and comprehensive development process, constantly moving towards and reaching a higher level.
The first is to promote and guarantee the implementation of the Constitution by establishing and improving laws, regulations and institutional systems. The Constitution is the general basis for national laws and regulations and various systems. Improving the socialist legal system with Chinese characteristics with the Constitution as the core and accelerating the formation of a complete legal norm system are the inherent requirements of the implementation of the Constitution and the basic way to ensure the full implementation of the Constitution.
The second is to ensure that the major policies and basic policies stipulated in the Constitution are effectively implemented and implemented through the development of various national undertakings and the promotion of various aspects of national work, and to ensure that the principles of the Constitution, the requirements of the Constitution, and the spirit of the Constitution are followed in all national undertakings and all aspects of work.
Third, the direct application of the relevant provisions of the Constitution. There are some provisions in the Constitution that are of a directly applicable nature and are norms of the conduct and activities of the State bodies concerned and do not require other means and means. For example, China's Constitution provides for an amnesty system, and China has twice granted amnesty to some prisoners serving sentences in 2015 and 2019.
The fourth is the relevant provisions of the constitution. When necessary, compatibility and adaptability need to be considered, and the competent authority should make constitutionality judgments and decisions to achieve the unity of the stability and adaptability of the constitution. For example, in April 1990, the Third Session of the Seventh National People's Congress passed the Basic Law of the Hong Kong Special Administrative Region and at the same time made a decision on the Basic Law of Hong Kong, which clearly stated: "The Basic Law of the Hong Kong Special Administrative Region is formulated in accordance with the the People's Republic of China Constitution in accordance with the specific conditions of Hong Kong. It is constitutional."
Fifth, for the new situations and problems encountered in practice that are not clearly stipulated in the Constitution and laws, when necessary, the competent organs shall make creative arrangements in accordance with the spirit of the Constitution. For example, in September 2016, the 23rd meeting of the Standing Committee of the 12th National People's Congress adopted creative measures in accordance with the spirit of the Constitution and relevant legal principles to promptly and properly handle the new problems brought about by the canvassing and bribery cases in relevant provinces to the work of local people's congresses.
and give (III) play to the important role of the constitution in governing the country.
The Standing Committee of the 13th National People's Congress has thoroughly studied and implemented Xi Jinping's thoughts on socialism with Chinese characteristics in the new era, especially General Secretary Xi Jinping's important expositions on the Constitution, fully implemented the spirit of the 19th National Congress of the Party and previous plenary sessions of the Central Committee, and actively strengthened the implementation and supervision of the Constitution. Carry out practical exploration and continuously gain new progress and new experience.
The first is to actively use the spirit of the Constitution to forge legislative consensus. For example, in the process of formulating the law on the protection of heroes and martyrs, the relevant parties have carefully studied and put forward opinions on how to define the scope of heroes and martyrs. That is: this law mainly defines a basic scope for heroic martyrs in accordance with the spirit of the preamble of the Constitution and the inscription on the Monument to the People's Heroes, including heroic pioneers and revolutionary pioneers who have made great sacrifices and contributions to the country, nation and people in modern times. The focus is on the countless heroic martyrs that have emerged in the history of the Communist Party of China, the People's Army and the People's Republic, including both individuals and groups, it includes both heroes and martyrs who have left their names and countless heroes and martyrs who have not left their names. Accordingly, the law on the protection of heroic martyrs has made corresponding provisions on the scope of heroic martyrs.
The second is to carry out constitutional review work. The 19th National Congress of the Communist Party of China proposed: "Strengthen the implementation and supervision of the Constitution, promote the review of constitutionality, and safeguard the authority of the Constitution." Since 2018, the National People's Congress and its Standing Committee have focused on strengthening the review of constitutionality in performing relevant duties, such as formulating the Supervision Law, amending the Criminal Procedure Law, amending the Organic Law of the People's Court and the Organic Law of the People's Procuratorate, and making decisions on the establishment of the Shanghai Financial Court, Regarding the responsibilities of the Constitution and Law Committee, and the formulation of supervision regulations by the National Supervision Commission, relevant parties have conducted constitutional reviews, and make appropriate arrangements and handling in accordance with the principles and spirit of the constitution.
The third is to seriously deal with constitutionality and constitutional issues in the filing review work. The record review system is a constitutional system that guarantees the implementation of the Constitution and laws and maintains the unity of the national legal system. For example, during the first session of the 13th CPPCC National Committee, a member of the CPPCC National Committee put forward a proposal to review the constitutionality of the reception and education system. Relevant legal work institutions have conducted serious research and handling. In the annual filing and review report to the seventh meeting of the Standing Committee of the 13th National People's Congress, they put forward clear opinions on this issue and suggested that the custody and education system should be abolished in due course.
The fourth is to deepen the study of constitutionality in the legislative work. For example, in the process of deliberating the draft foreign investment law, the relevant legal institutions strengthened their research on the constitutionality of foreign investment legislation and formed special research opinions. The main contents are as follows: with the development of the practice of reform and opening up, the connotation of Article 18 of the Constitution has undergone expansive evolution and expansion, and the relevant provisions have developed into the principle of the rule of law universally applicable to all foreign investors and foreign-invested enterprises; over the past 40 years of reform and opening up, China's foreign investment legislation is an inevitable requirement and an important embodiment of the full implementation of the Constitution, in line with the provisions of the Constitution and the spirit of the Constitution.
Strengthening Constitutional Supervision
(I) improve the relevant systems for supervising the implementation of the Constitution. The Standing Committee of the National People's Congress and relevant state supervisory organs must earnestly assume the important responsibility of supervising the implementation of the Constitution and laws. Implement the constitutional interpretation procedure mechanism, actively respond to concerns related to constitutional issues, and strive to achieve the unity of constitutional stability and adaptability. Strengthen the filing review system and capacity building, carry out review and supervision of the legality and appropriateness of the filed laws and regulations, judicial interpretations and other regulatory documents in accordance with the law, and revoke and correct unconstitutional and illegal regulatory documents in accordance with the law. Adhere to the supremacy of the Constitution and the law, improve the guarantee mechanism for equality before the law, and safeguard the unity, dignity, and authority of the country's legal system. All violations of the Constitution and laws must be investigated.
(II) advance the constitutional review process. The laws, regulations, and institutional policies to be issued by relevant parties, all involving how to understand, implement, and apply the relevant provisions of the Constitution, should be reviewed by the Standing Committee of the National People's Congress in advance to ensure that they are consistent with the provisions of the Constitution and the spirit of the Constitution. Improve the filing review system and strengthen the filing review work. All laws and regulations, judicial interpretations, and other regulatory documents must be included in the scope of filing review in accordance with laws and regulations after they are issued. The filing and review work of the Standing Committee of the National People's Congress shall include the review of whether the relevant normative documents are inconsistent with the provisions of the Constitution and the spirit of the Constitution. If other state organs find that normative documents may have constitutionality problems, they shall promptly report to the Standing Committee of the National People's Congress or submit them to the Standing Committee of the National People's Congress for review in accordance with the law. Local people's congresses at all levels and their standing committees shall exercise their functions and powers in accordance with the law to ensure that the Constitution is observed and implemented in their respective administrative areas.
(III) strengthen supervision over the implementation of the law. Laws, regulations and institutional norms are the basic ways to ensure the full implementation of the Constitution, and efforts must be made to improve the level of implementation of laws and regulations and the level of implementation of institutional norms, to ensure that administrative power, supervisory power, judicial power and procuratorial power are correctly exercised in accordance with the law, and to ensure that the legitimate rights and interests of citizens, legal persons and other organizations are effectively protected. Party and state organs at all levels, as well as leading cadres and public officials, should consciously enhance their concept of the Constitution and law, always maintain awe of the Constitution and law, and take the lead in abiding by, implementing and safeguarding the Constitution and law.
(IV) persist in governing according to law and in accordance with the constitution. To strengthen the party's overall leadership, we must be good at integrating the party's leadership role in overseeing the overall situation and coordinating the leadership of all parties, with the people's congress, the government, the CPPCC, supervisory organs, judicial organs, procuratorial organs, armed forces, people's organizations, enterprises and institutions, and grassroots mass autonomy Organizations and social organizations, etc. perform their functions and carry out work in accordance with the constitution, the same party insists on unifying its activities within the scope of the Constitution and the law. At the same time, we should adhere to the organic unity of governing the country according to law and governing the party according to rules, promote the construction of the system of laws and regulations within the party, and constantly improve the ability to govern according to law.
Source: People's Daily
Reprinted from: Party Building Network
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