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Building a Rule of Law in China with the Rule of Law Thinking

Source: China Daily discipline inspection and supervision of: 2019-05-16 08:52:00 Font size: [Big] [Medium] [Small]

General Secretary Xi Jinping pointed out in the report of the 19th National Congress of the CPC: "Comprehensive rule of law is the essential requirement and important guarantee of socialism with Chinese characteristics .... Comprehensive rule of law is a profound revolution in state governance. We must adhere to the rule of law and promote science. Legislation, strict law enforcement, fair justice, and law abiding by the whole people. "We attach great importance to and fully utilize the thinking of the rule of law, give play to the role of leadership and promotion of the thinking of the rule of law in the process of social development, and ensure that reform and development always proceed on the track of the rule of law.

In applying the rule of law, we must adhere to the party's leadership. The leadership of the Communist Party of China is the most essential characteristic and greatest advantage of socialism with Chinese characteristics, and the most fundamental guarantee of the rule of law of socialism with Chinese characteristics. The party, the government, the army, and the civil society, the east, the south, the north, and the south, the party leads everything. This is the historical position of the Communist Party of China serving the people wholeheartedly and through hard work, and it is also the party's constitutional status. The party not only leads the administrative work, but also the legislative work. The judicial organs also need to report to the people's congress that they are accountable to the people's congress, and judicial work cannot be separated from the party's leadership. Of course, the party's leadership of the country is not abstract, but concrete. The party's leadership must be concretely and practically implemented in all activities governing the country. The rule of law is an important achievement of human political civilization and the basic means of modern social governance. Therefore, it is inseparable from the party's leadership to comprehensively advance the rule of law.

The application of the rule of law thinking must adhere to the supremacy of constitutional law. The Constitution is the highest rule of the country, and the law is the largest rule system of the country. Within the party, the party constitution is the highest rule, and intra-party regulations are the largest rule system. The rule of law thinking is rule thinking. It is necessary to cultivate rule-oriented and constitutional law first. The supremacy of law means that in all social norm systems, such as religious norms, moral norms, group norms, and industry norms, the law is the norm with the highest effectiveness, the best status, the most universal and coercive norm. The supremacy of the law requires that other norms must comply with the legal norms and must not contradict them, otherwise it will be invalid. The supremacy of law, especially the supremacy of the Constitution, has the highest legal effect and is the basis of all other laws and regulations. The report of the 19th National Congress of the Communist Party of China stated that "strengthening the implementation and supervision of the constitution, advancing constitutional review, and safeguarding the authority of the constitution." Developing the supremacy of law is of great significance for conscious compliance with the law, maintaining legal authority, fostering a culture of rule of law, and building a country ruled by law .

In applying the rule of law, we must adhere to the concept of fairness and justice. The Constitution stipulates that "all persons are equal before the law"; the report of the 19th National Congress of the Party states that "promote development with good law and guarantee good governance". The standard of "good law" is "fairness and justice." A country ruled by law can only be truly achieved through legislative justice, law enforcement justice and judicial justice. Legislative justice is the source. It balances rights, interests, and responsibilities, eliminates the legislative departmentalization, and guarantees that the political, economic, and other interests of society are reasonably and equally occupied and distributed among all members of society through legislation. Fair law enforcement is the basic requirement for government law enforcement. Fair law enforcement is directly related to the realization of the goal of a government ruled by law. It should be noted that the public is not only the counterpart of law enforcement, but also its subjective status, fostering a positive attitude of public participation, strengthening the belief in justice, and letting it transcend the status of "given" public service provision. Judicial justice is a necessary condition for building a socialist society ruled by law. General Secretary Xi Jinping has stated many times: "Efforts are made to make the people feel fair and just in every judicial case."

The application of the rule of law thinking must adhere to the concept of rights and obligations. Rule of law thinking is rights and obligations thinking. Rights and obligations are the basic content of legal relations, reflecting the legal status and practical needs of a country's nationals. The essence of the rule of law thinking is to observe, analyze, and deal with problems from the perspective of rights and obligations, and to realize the functions of guidance, evaluation, prediction, education, and punishment of the law through the operation of rights and obligations. The rule of law thinking focuses on defining, analyzing, and dealing with rights and obligations. The rights and obligations are consistent. Every citizen has the right to exercise his legal rights and has the obligation not to damage the rights of others and the collective, social and national interests. Rights can be waived and obligations must be fulfilled. The concept of rights and obligations is essentially a way of thinking that continuously defines, analyzes, and measures the relationship between rights and obligations, determines the subject of rights, the subject of obligations, and the limits of rights and obligations. The concept of rights and obligations also includes the relationship between rights and power. Restricting power and protecting rights are the main lines of the rule of law. It is not prohibited by law, which is the right of citizens. The law does not explicitly authorize power, but power cannot be exercised, which shows that public power has strict limits and boundaries, power is irresponsible, and power must be monitored.

The application of the rule of law thinking must adhere to due process. It is difficult to achieve a proper result without due process. The process is embodied in the steps, order, time limit and form of action. Rule of law thinking is also procedural thinking, focusing on the status and role of procedures in all actions. Due process is reflected in the legality, openness, neutrality, timeliness, and participation of the process. Legitimacy means that the operation of the program conforms to the provisions of the law, and no agency or individual must violate it. Openness means that for any decision that affects the rights of citizens, the process and results of the operation of the program should be open to ensure transparency and accept supervision. All parties should be treated equally and without any bias; timeliness means that each process must have a reasonable fixed period and must not be delayed for no reason; participation means that stakeholders whose rights are affected can participate in the process and fully Express your own interests and opinions. The development of due process thinking can reduce the risk of dissent, thereby ensuring the impartiality and authority of the results of actions.

(Author Liu Yuanzhi Xu Jingong Unit: School of Marxism, Xiamen University)

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