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Writing a New Chapter in the Practice of China's Constitution in the New Era -- Commemorating the 40th Anniversary of the Implementation of the Current Constitution Xi Jinping


This year marks the 40th anniversary of the promulgation and implementation of our current Constitution. Over the past 40 years, the current constitution has effectively promoted and strengthened the construction of the socialist rule of law, and effectively promoted and guaranteed the development of the party and the country. We should take the opportunity of commemorating the 40th anniversary of the promulgation and implementation of the current constitution to implement the spirit of the 20th CPC National Congress, strengthen the awareness of the constitution, carry forward the spirit of the constitution, promote the implementation of the constitution, and give better play to the important role of the constitution in governing the country. to provide a solid guarantee for building a modern socialist country in an all-round way and promoting the great rejuvenation of the Chinese nation in an all-round way. The formulation and implementation of the Constitution is a symbol of the progress of human civilization and an important support for the modernization of human society. Since modern times, the Chinese people have been struggling to find a way to change the future and destiny of the Chinese nation. Some political forces tried to improve China's feudal autocratic system according to the western political system model, but all failed. After the Communist Party of China stepped onto the stage of Chinese history, after arduous exploration and practice, it has successfully formulated and implemented a constitution with a distinctive socialist nature and a people's constitution in the true sense on the land of China. It is of pioneering significance in the history of my country's constitutional development and even in the history of the world constitutional system. It has contributed Chinese wisdom and Chinese solutions to the progress of human civilization under the rule of law.
The constitution formulated by our party under the leadership of the people concentrates the wisdom of the people, embodies the common will of all the people, realizes a high degree of unity between the party's propositions and the people's will, and overcomes all the shortcomings of the old constitution that only represents the will of a few people and serves the interests of a few people. As a result, it has won the support and compliance of the overwhelming majority of the people and has significant advantages, solid foundation and strong vitality.
After the promulgation and implementation of my country's current constitution in 1982, under the leadership of the Party Central Committee, the National People's Congress has made necessary and very important amendments to individual provisions and parts of this constitution five times. These amendments have played an important role in improving and developing my country's Constitution, advancing the construction of the socialist rule of law, and improving the party's ability to govern the country according to law.
Since the 18th National Congress of the Communist Party of China, our party has attached great importance to the comprehensive rule of law. It has positioned the rule of law, laid out the rule of law, and strictly enforced the rule of law from the strategic height of the long-term stability of the party and the country, and incorporated the comprehensive rule of law into the "four comprehensive" strategic layout to plan, To promote the construction of my country's constitutional system and the implementation of the constitution to achieve historic achievements. We have successively made major decisions on comprehensively governing the country according to law and amending some contents of the Constitution, set up the Central Committee for comprehensively governing the country according to law, and improved the institutional arrangements for the party to lead legislation, ensure law enforcement, support justice, and take the lead in abiding by the law. the party's leadership over the comprehensive rule of law and the implementation of the Constitution has been comprehensively strengthened. Actively promote the institutionalization and rule of law of the party's leadership, establish the guiding position of the socialist ideology with Chinese characteristics in the country's political and social life in the new era in the constitutional amendment, and clarify that the leadership of the Communist Party of China is the most essential feature of socialism with Chinese characteristics. The constitutional guarantee of leadership is more complete. Efforts will be made to improve the socialist legal system with Chinese characteristics with the Constitution as the core, and improve the relevant legal systems and mechanisms of the Constitution, so that the implementation of the Constitution will be more effective. Improve the constitutional supervision system, strengthen the constitutional review, record review system and capacity building, and steadily improve the level of constitutional supervision. The establishment of a national constitution day, the establishment of a constitutional oath system, extensive constitutional publicity and education, the whole society's awareness of the constitution and the concept of the rule of law significantly enhanced. The effective implementation of the comprehensive governance of the Special Administrative Region in accordance with the Constitution and the Basic Law, the formulation and implementation of the Hong Kong Special Administrative Region to safeguard the national security law, the legal protection of the practice of "one country, two systems" is more powerful.
Facts have shown that in the ten years of the new era, my country's constitutional system construction and constitutional implementation supervision have achieved significant results, the constitutional awareness of the whole party and society has been significantly improved, and the socialist rule of law has achieved fruitful results.
In the process of adhering to and developing socialism with Chinese characteristics in the new era, our party has summed up and applied historical experience, comprehensively implemented the Constitution, had the courage to promote innovation in constitutional theory and practice, and accumulated a lot of fresh experience. it has deepened the regular understanding of the construction of China's constitutional system.
First, we must adhere to the leadership of the Communist Party of China. The Constitution of our country confirms the leading position of the Communist Party of China, which is the most prominent feature of the Constitution of our country and the fundamental guarantee for the comprehensive implementation of the Constitution of our country. 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, lead the people to implement the constitution, and ensure the correct political direction of the development of China's constitution.
Second, we must insist that the people are the masters of the country. The most fundamental purpose of the party leading the people in formulating and implementing the constitution is to safeguard the interests of the people, reflect the will of the people, protect the rights and interests of the people, and enhance the well-being of the people. Only by adhering to the organic unity of the party's leadership, the people being the masters of the country and governing the country according to law, developing people's democracy in the whole process, integrating the people-centered development thought into all aspects of legislation, law enforcement, justice and law-abiding, accelerating the improvement of a legal system that embodies fair rights, fair opportunities and fair rules, and protecting citizens' personal rights, property rights, personality rights and basic political rights from infringement, only by ensuring the implementation of citizens' economic, cultural and social rights can we ensure that everyone is equal before the law.
Third, we must adhere to the rule of law and rule in accordance with the constitution. The constitution of our country is the fundamental legal basis for our party to be in power for a long time. Only by adhering to the principle of governing the country in accordance with the constitution and governing the country in accordance with the constitution, and unifying the party's overall situation, coordinating all parties with the people's Congress, the government, the CPPCC, supervisory organs, judicial organs and procuratorial organs to perform their functions and carry out their work in accordance with the articles of association, and unifying the party's leadership in the formulation and implementation of the constitution and laws with the party's adherence to activities within the scope of the constitution and laws, Only way can we ensure that the party lead the party lead the people to effectively govern the country.
Fourth, we must uphold the status of the Constitution as a fundamental law of the country. The Constitution embodies the unified will and common aspirations of the party and the people, and is the highest expression of the will of the state, which is fundamental, overall, stable and long-term. The Constitution stipulates the major systems and major issues of the country, which are all-inclusive, principled, programmatic, and directional in the life of the country and society. The Constitution is the general basis and source of all laws and regulations of the state, and has the highest legal status, legal authority and legal effect. Only by adhering to the Constitution's status as a fundamental law of the country and resolutely safeguarding and implementing the provisions, principles, and spirit of the Constitution can we ensure the unity of the country, the unity of the legal system, and the unity of government orders.
Fifth, we must adhere to the institutionalization and regulation of constitutional implementation and supervision. The life of the constitution lies in its implementation, and the authority of the constitution also lies in its implementation. We must ensure the implementation of the Constitution with a scientific, effective and systematic system of laws and regulations, form a complete system of legal norms, an efficient system of implementation of the rule of law, a strict supervision system of the rule of law, and a strong guarantee system of the rule of law. we will form a sound system of laws and regulations within the party, strengthen constitutional supervision, and ensure that we promote the modernization of the national governance system and governance capacity on the track of the rule of the rule of law, and build a modern socialist country.
Sixth, we must uphold the authority and dignity of the Constitution. To safeguard the authority of the constitution is to safeguard the authority of the common will of the party and the people; to safeguard the dignity of the constitution is to safeguard 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. The people of all ethnic groups, all state organs and armed forces, all political parties and social organizations, and all enterprises and institutions must take the Constitution as the fundamental criterion for their activities, and have the responsibility of safeguarding the dignity of the Constitution and ensuring its implementation. No organization or individual may have the privilege to go beyond the Constitution and law, and all acts that violate the Constitution and law must be investigated.
Seventh, we must keep pace with the times to improve and develop the Constitution. As a superstructure, the Constitution must adapt to the changes in the economic foundation, reflect the historical progress of the cause of the party and the people, and continue to improve and develop with the development of the party's practice of leading the people to build socialism with Chinese characteristics. Only by keeping up with the requirements of the times and the will of the people, following the law of the rule of law, and on the premise of maintaining the continuity, stability and authority of the constitution, can we constantly adapt to the new situation, absorb new experience, confirm new achievements and make new norms, so as to maintain the vitality of the constitution.
The 20th National Congress of the Communist Party of China has made comprehensive arrangements for the development of the party and the country in the new era and new journey, emphasizing the need to better play the important role of the Constitution in governing the country, and to better play the role of the rule of law in consolidating the fundamentals, stabilizing expectations, and long-term benefits. Comprehensively build a modern socialist country on the track of the rule of law. We must implement the spirit of the 20th National Congress of the Communist Party of China, unswervingly follow the path of socialist rule of law with Chinese characteristics, enhance constitutional consciousness, strengthen constitutional implementation, fulfill constitutional missions, and write a new chapter in the practice of China's constitution in the new era.
First, we should uphold and strengthen the party's overall leadership over constitutional work and give better play to the remarkable advantages and important role of China's constitutional system. The constitution of our country is the inevitable result of the historical logic, theoretical logic and practical logic of the long-term struggle of the people led by our party. Without the leadership of the Communist Party of China, there is no guarantee that the Constitution of our country will be fully implemented and effectively implemented.
We must uphold and strengthen the party's overall leadership over constitutional work, ensure the correct political direction of my country's constitutional development, ensure that my country's constitution is fully implemented and effectively implemented, and better play the role of the constitution in upholding the leadership of the Communist Party of China, ensuring that the people are the masters of the country, and promoting reform and opening up And socialist modernization, promote the process of building a socialist country under the rule of law, promote the all-round development of human rights, and maintain national unity, and maintain social harmony. We must strengthen the self-confidence of the political system, unswervingly follow the path of political development of socialism with Chinese characteristics, adhere to and improve the socialist system with Chinese characteristics, adhere to the leadership of the Communist Party of China as determined by the Constitution, and adhere to the people's democratic dictatorship and the people's congress determined by the Constitution. The political system of the congress system will not waver, and will never copy the models and practices of other countries.
Second, the implementation of the Constitution should run through the whole process of governing the country in all aspects, and constantly improve the party's ability to govern the country and govern in accordance with the constitution. The Constitution is the general constitution for governing the country, the fundamental legal basis for our party to govern the country, and the highest legal norm for the country's political and social life. To improve the party's ability to govern the country in accordance with the constitution and govern in accordance with the constitution, the implementation of the constitution must be implemented in the overall practice of coordinating the promotion of the "five in one" overall layout and the coordinated promotion of the "four comprehensive" strategic layout, as well as reform, development and stability, internal affairs, foreign affairs and national defense., Governing the party, governing the country and the army in all fields, and comprehensively promoting the rule of law in all aspects of the country.
When the Party leads the people in formulating the Constitution and laws, the Party must first take the lead in respecting and implementing the Constitution. We must be good at making the party's propositions become the will of the state through legal procedures, good at making candidates recommend by party organizations become leaders of state power organs through legal procedures, good at implementing the party's leadership of the state and society through state power organs, and support state power organs, Administrative agencies, supervisory agencies, judicial agencies, and procuratorial agencies carry out their work independently and in a coordinated manner in accordance with the Constitution and laws. It is necessary to implement the implementation of the Constitution and laws in the whole process of decision-making and policy implementation by party committees at all levels, adhere to decision-making and policy implementation in accordance with the law, keep the bottom line that does not conflict with the Constitution and laws, and ensure that decision-making and policy implementation can withstand the test of history and the people.
Third, we should speed up the improvement of the socialist legal system with Chinese characteristics with the Constitution as the core, and constantly enhance the comprehensiveness, systematicness and coordination of the legal norm system. To adhere to legislation according to law, the most fundamental thing is to adhere to constitutional legislation, and resolutely implement constitutional provisions, constitutional principles, and constitutional spirit into legislation, and embody them in various laws and regulations. All laws, administrative regulations, and local regulations must not conflict with the Constitution, and all laws and regulations that violate the provisions, principles, and spirit of the Constitution must be corrected.
It is necessary to improve the legislative system and mechanism, promote scientific legislation, democratic legislation, and legislation in accordance with the law, coordinate the establishment, reform, abolition and interpretation, and enhance the systematicness, integrity, coordination, and timeliness of legislation. It is necessary to give full play to the core function of the Constitution in legislation, to ensure that every legislative link is properly closed to the Constitution, and strive to make every legislation conform to the spirit of the Constitution, embody the authority of the Constitution, and ensure the implementation of the Constitution. It is necessary to implement the responsibilities entrusted to the National People's Congress and its Standing Committee by the Constitution, give play to its leading role in legislative work, and expand the ways for the people to participate in legislation in an orderly manner. It is necessary to strengthen legislation in key, emerging and foreign-related fields, improve the legal system that is urgently needed for national governance, meet the people's growing needs for a better life, and safeguard national security, and speed up the construction of a legal system for extraterritorial application of China's laws. It is necessary to adhere to the concept of system, comprehensively improve the system of laws, administrative regulations, military regulations, supervision regulations, and local regulations, so as to make the legal system more scientific, complete, unified and authoritative, and safeguard the unity of the rule of law in the country.
Fourth, improve the institutional system to ensure the full implementation of the Constitution, and constantly improve the level of implementation and supervision of the Constitution. To improve the institutional system to ensure the full implementation of the Constitution, we must adhere to the full implementation of the provisions of the Constitution, the principles of the Constitution, and the spirit of the Constitution, adhere to the implementation of the Constitution, the interpretation of the Constitution, and the promotion of the system of legal norms, the implementation system of the rule of law, the supervision system of the rule of law, the guarantee system of the rule of law and the legal system within the party, so as to ensure the Constitution, so as to ensure the complete. It is necessary to improve the working mechanism for the direct implementation of the relevant provisions of the Constitution, and give full play to the important role of the Constitution in dealing with major risks and challenges, implementing the principle of "one country, two systems", promoting the reunification of the motherland, and safeguarding national security and social stability. It is necessary to improve the constitutional supervision system, promote the standardization and procedural construction of constitutional supervision, improve the ability and quality of constitutional review and filing review, promote constitutional review, implement the constitutional interpretation procedure mechanism, and actively respond to the constitutional issues faced by all parties in society. Concerns.
Fifth, strengthen constitutional theoretical research and publicity and education, and continuously enhance the persuasiveness and influence of Chinese constitutional theory and practice. The foundation of the Constitution lies in the heartfelt support of the people, and the greatness of the Constitution lies in the sincere faith of the people. We must adhere to the joint promotion of publicity, education and research, adhere to the popularization of knowledge, theoretical interpretation and concept guidance, promote the constitution to be deeply rooted in the hearts of the people, enter the masses of the people, and promote the implementation of the constitution to become the conscious action of all the people.
It is necessary to improve the work pattern of constitutional publicity and education, deepen the educational functions of the constitutional oath, constitutional commemoration, national symbols and signs, and promote the normalization and long-term effect of constitutional publicity and education. It is necessary to grasp the key minority of leading cadres, grasp key groups such as young people and netizens, grasp key carriers such as constitutional commemoration, constitutional oath, and construction of constitutional teaching materials, grasp key positions such as schools, communities, and the media, and continue to carry out in-depth constitutional publicity and education. It is necessary to combine the contemporary Chinese constitutional system and constitutional practice, strengthen the research of Chinese constitutional theory, refine iconic concepts and original viewpoints, strengthen the construction of the Chinese constitutional discipline system, academic system, and discourse system, and consolidate the guiding position of Chinese constitutional theory in my country's rule of law education. We should tell the story of China's constitution well, have confidence and ambition to publicize the remarkable advantages and strong vitality of China's constitutional system and constitutional theory, and have the backbone and confidence to fight against all wrong words and deeds that distort, smear and attack China's constitution.
Comrade Mao Zedong said when he led the formulation of the first constitution of the new China: "We must now unite the people of the whole country, unite all the forces that can and should be united, and strive to build a great socialist country. This constitution was written for this purpose." We must fully implement the Constitution, promote the comprehensive rule of law, promote the construction of China under the rule of law, and unite and strive to build a modern socialist country in an all-round way, achieve the second centenary goal, and comprehensively promote the great rejuvenation of the Chinese nation with Chinese-style modernization!

  Source: Xinhua