Promoting the Innovation of Constitutional Theory and Constitutional Practice

Summary

Since the 18th National Congress of the Communist Party of China, the Party Central Committee with Comrade Xi Jinping at its core has insisted on governing the country and governing in accordance with the constitution, and has the courage to promote the innovation of constitutional theory and constitutional practice, and promote the better transformation of the significant advantages of my country's constitutional system into national governance efficiency. Embarking on a new journey, we must thoroughly study and implement Xi Jinping's thoughts on the rule of law and General Secretary Xi Jinping's important expositions on the constitution, and better play the important role of the constitution in governing the country.

Adhering to the rule of law and governing according to the constitution is an important content and distinctive feature of Xi Jinping's thought of rule of law. The report of the 20th National Congress of the Communist Party of China put forward: "give better play to the important role of the Constitution in governing the country". In December 2022, on the occasion of the 40th anniversary of the promulgation and implementation of the current constitution, General Secretary Xi Jinping published an important article entitled ''Writing a New Chapter in the Practice of the Chinese Constitution in the New Era-Commemorating the 40th Anniversary of the Implementation of the Current Constitution, ''which deeply summarized the construction of my country's constitutional system The understanding of regularity emphasizes the courage to promote the innovation of constitutional theory and constitutional practice. We must thoroughly study and implement Xi Jinping's thoughts on the rule of law and General Secretary Xi Jinping's important expositions on the constitution, and understand the power of the system in deeply grasping the innovation of my country's constitutional theory and constitutional practice in the new era, strengthen constitutional self-confidence, enhance constitutional consciousness, and promote the full implementation of the constitution. Provide a solid guarantee for comprehensively building a modern socialist country and comprehensively advancing the great rejuvenation of the Chinese nation.

Continuously strengthen theoretical innovation
Since the 18th National Congress of the Communist Party of China, General Secretary Xi Jinping has issued a series of important expositions on major issues such as the development history, nature, characteristics, status, role, and implementation of my country's constitution, and put forward many original new ideas. Ideas, new ideas and new strategies provide scientific guidance for the construction of my country's constitutional system and the implementation of the constitution. The important articles published by General Secretary Xi Jinping further made important judgments on major constitutional theoretical issues, and pointed out the way forward and provided fundamental follow-up for strengthening constitutional awareness, promoting the spirit of the constitution, and promoting the implementation of the constitution.
The clear formulation and implementation of the Constitution is an important support for modernization. General Secretary Xi Jinping pointed out: "The formulation and implementation of the Constitution is a sign of the progress of human civilization and an important support for the modernization of human society." A modern country must be a country under the rule of law. The rule of law and modernization are intrinsically connected, interdependent, and accompanied by development. They provide rule guidance for modernization, provide stable expectations for economic and social development, and promote the modernization process to be both dynamic and stable and orderly. The rule of law is first and foremost the rule of the Constitution. The Constitution is the fundamental law of the country. It stipulates the major systems and major issues of the country. It is fundamental, overall, stable, and long-term in the country and social life. It is at the core of the legal system and has the highest legal status, legal authority, and Legal effect has become the normative basis for the effective operation of the rule of law, and then provides important support for modernization. Xi Jinping's thought of the rule of law recognizes the important role of the constitution from the perspective of the modernization of human society, and demonstrates the strategic significance of our country's constitution in the process of Chinese-style modernization.
Clarify the most significant features of our Constitution. General Secretary Xi Jinping pointed out: "my country's constitution confirms the leadership of the Communist Party of China, which is the most significant feature of my country's constitution". China is a socialist country, and the leadership of the Communist Party of China is the most essential feature of socialism with Chinese characteristics and the greatest advantage of the socialist system with Chinese characteristics. my country's Constitution is the inevitable result of the historical logic, theoretical logic, and practical logic of our party's long-term struggle under the leadership of the people. It confirms the party's leadership in the form of the fundamental law of the country, and confirms the party's core position in the overall situation and coordination of all parties in the structure of state power. The law reflects the most essential characteristics of socialism with Chinese characteristics. The party leads the people to formulate and implement a constitution with a distinctive socialist nature and a people's constitution in the true sense on the land of China. It is of groundbreaking significance in the history of my country's constitutional development and even the history of the world's constitutional system, and has contributed Chinese wisdom to the progress of human rule of law civilization., Chinese plan. Xi Jinping's thought of the rule of law will confirm the party's leadership as the most prominent feature of China's constitution, highlighting the role of the constitution as the fundamental legal basis for the party's long-term governance.
The most fundamental purpose of formulating and implementing the Constitution is clearly defined. General Secretary Xi Jinping pointed out: "The most fundamental purpose of the party leading the people to formulate and implement the constitution is to safeguard the interests of the people, reflect the wishes of the people, protect the rights and interests of the people, and enhance the well-being of the people." Let the people live a good life is the starting point and goal of all our party's work. Our party leads the people to formulate and implement the constitution in order to realize, safeguard and develop the fundamental interests of the overwhelming majority of the people. China's Constitution overcomes the shortcomings of all the old constitutions that only represent the will of the minority and serve the interests of the minority. It stipulates the fundamental political system of the people's Congress system and a series of important principles such as the principle of respecting and protecting human rights, fully embodies the common will of the people, fully protects the democratic rights of the people, fully safeguards the fundamental interests of the people, promotes the development and progress of the country, ensures that the people create a happy life and ensures the great rejuvenation of the Chinese nation, it is a good constitution that conforms to the national conditions, the reality and the requirements of the development of the times. Xi Jinping's thought of the rule of law essentially grasps the most fundamental purpose of the formulation and implementation of China's constitution, and fully demonstrates the people's character of China's constitution.

Constantly enrich the practice of creating
Only with the continuous improvement and development of the practice of building socialism with Chinese characteristics under the leadership of the party, can the constitution remain vigorous forever. Since the 18th National Congress of the Communist Party of China, the Party Central Committee with Comrade Xi Jinping at the core has complied with the requirements of the times and the wishes of the people. Under the premise of maintaining the continuity, stability, and authority of the constitution, it has promoted the constitution to continuously adapt to the new situation, absorb new experiences, and confirm new achievements., Make new norms, and create a new realm of adhering to the constitution and governing the country in accordance with the constitution with the constitution with the creative constitutional practice. The important articles published by General Secretary Xi Jinping comprehensively reviewed the historic achievements of my country's constitutional system construction and constitutional implementation in the new era, and fully demonstrated the innovative development and significant achievements of my country's constitutional practice in the new era.
In the new era, under the scientific guidance of Xi Jinping's thought on the rule of law, all undertakings and work of the party and the state have been fully incorporated into the track of the rule of law, the role of the national fundamental law of the Constitution has been brought into full play, and the practice of the Constitution has become more rich and vivid. For example, actively promote the institutionalization and rule of law of the party's leadership, and unswervingly adhere to the leadership of the Communist Party of China determined by the Constitution as an important requirement for adhering to constitutional governance and governance, and establish Xi Jinping's new era of socialism with Chinese characteristics in the constitutional amendment. The guiding position of thought in national politics and social life makes it clear that the leadership of the Communist Party of China is the most essential feature of socialism with Chinese characteristics, and the constitutional guarantee of the party leadership is more complete; improve the party's institutional arrangements for leading legislation, ensuring law enforcement, supporting the judiciary, and taking the lead in abiding by the law, and the party's leadership over the comprehensive rule of law and the implementation of the Constitution has been comprehensively strengthened; efforts have been made to improve the socialist legal system with Chinese characteristics with the Constitution as the core, strengthen legislation in key areas, emerging areas, and foreign-related areas, and improve the legal systems and mechanisms related to the Constitution, ensure and promote the comprehensive and effective implementation of the Constitution through a scientific, effective, systematic and complete system of laws and regulations; improve the constitutional supervision system, strengthen the constitutional review, filing review system and capacity building, and formulate the supervision law, amend the criminal procedure law and other relevant laws When conducting a constitutional review, follow the constitutional provisions and constitutional principles to make appropriate handling, in the filing and review work, we will carefully study and properly handle constitutionality and constitutionality issues, and the relevant legal work agencies will put forward their handling opinions after review; December 4 will be established as the National Constitution Day to promote the spirit of the constitution in the whole society and establish the constitution The oath system encourages and educates state officials to be loyal to the Constitution, abide by the Constitution, and safeguard the Constitution; etc. The rich practical creation of persisting in governing the country according to the constitution and governing according to the constitution in the new era has fully proved the remarkable advantages, solid foundation and strong vitality of China's constitution.
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, and has the courage to promote innovation in constitutional theory and practice. we will promote the better transformation of the remarkable advantages of China's constitutional system into the effectiveness of national governance. In the ten years of the new era, the reason why my country's constitutional system has shown more vigorous vitality and effectively promoted and guaranteed the process of Chinese-style modernization lies in the fact that General Secretary Xi Jinping is the core of the Party Central Committee and the core of the entire party at the helm. The scientific guidance of socialism with Chinese characteristics in the new era. We must deeply understand the decisive significance of the "two establishments", strengthen the "four consciousnesses", strengthen the "four self-confidence", and achieve the "two safeguards", and consciously use Xi Jinping's rule of law and General Secretary Xi Jinping's important expositions on the constitution. Mind, guide practice, promote work, and better demonstrate the power of the fundamental law of the country in the new era.

Better play the role of the Constitution
Embarking on a new journey and building a modern socialist country in an all-round way has put forward new and higher requirements for persisting in governing the country according to the constitution and governing according to the constitution. We must persist in governing the country according to the constitution with stronger confidence, greater determination and deeper strength, promote the innovation of constitutional theory and practice, and give better play to the important role of the constitution in governing the country.
and uphold the party's overall leadership. The leadership of the Party is the fundamental guarantee for the full implementation of the Constitution of our country. The Communist Party of China insists on establishing the party for the public and governing for the people, fully promoting democracy, leading the people to formulate a constitution that reflects the will of the people, leading the people to implement the constitution, and ensuring the correct political direction of the development of my country's constitution. 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. To give better play to the significant advantages and important role of my country's constitutional system, we must uphold and strengthen the party's overall leadership over constitutional work, use the constitution as the fundamental legal basis to consolidate the party's long-term ruling position, and ensure that the party's leadership is implemented in all fields of the party and the country. All aspects, strengthen self-confidence in the political system and constitution, unswervingly follow the path of socialist political development with Chinese characteristics, and never copy other countries' models and practices.
Fully implement the Constitution. The life of the constitution lies in its implementation, and the authority of the constitution also lies in its implementation. First of all, the party should take the lead in respecting and implementing the constitution, adhere to the activities within the scope of the constitution and law, carry out the implementation of the constitution throughout the whole process of governing the country, implement the overall layout of "five in one" and coordinate the promotion of the "four comprehensive" strategic layout, and implement the reform, development and stability, internal affairs, foreign affairs and national defense, and all aspects of the party, country and the army, Comprehensively promote the rule of law. Legislation is the concretization of the spirit, principles and systems of the Constitution, and is the inherent requirement and basic approach to the implementation of the Constitution. It is necessary to speed up the improvement of the socialist legal system with Chinese characteristics with the Constitution as the core, give full play to the core function of the Constitution in legislation, adhere to constitutional legislation, resolutely implement constitutional provisions, constitutional principles, and constitutional spirit into legislation, and embody them in various laws and regulations, 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. Adhere to the institutionalization and regularization of the implementation and supervision of the Constitution, improve the institutional system to ensure the full implementation of the Constitution, 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 supervision system of the Constitution. to ensure that the Constitution is completely, accurately and comprehensively implemented.
Enhance the people's awareness of the Constitution. 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. It is necessary to strengthen the theoretical research and publicity and education of the constitution, 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 combine the contemporary Chinese constitutional system and constitutional practice, strengthen the study 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 continuously enhance the persuasiveness and influence of Chinese constitutional theory and practice. We should adhere to the combination of governing the country according to law and governing the country by virtue, guide citizens to safeguard their legitimate rights and interests according to law, and consciously fulfill their legal obligations, so as to ensure that the enjoyment of rights and the performance of obligations are consistent, so that all the people can become loyal advocates, conscious abides by and firm defenders of the Constitution.