马克思主义研究网Marxism Research Network

Unofficial English translation by DeepSeek, a Chinese LLM · source marxism.cass.cn

The Fundamental Political Institutional Arrangement That Integrates Party Leadership, the People Being the Masters of the Country, and Law-Based Governance

许安标:坚持党的领导、人民当家作主、依法治国有机统一的根本政治制度安排

· · Research Highlights · 23 min read

At the conference celebrating the 70th anniversary of the founding of the National People’s Congress, General Secretary Xi Jinping delivered an important speech, reviewing the glorious course in which the Communist Party of China led the Chinese people to establish and perfect the system of people’s congresses, and profoundly expounding the notable political advantages of the system of people’s congresses. The first of these is that “the system of people’s congresses has the notable advantage of upholding the leadership of the Communist Party of China and ensuring that the Party leads the people in effectively governing the country in accordance with the law. The system of people’s congresses integrates Party leadership, the people being the masters of the country, and law-based governance.” Since the 18th National Congress of the CPC, the Party Central Committee with Comrade Xi Jinping at its core has adhered to the Two Integrations [1]1 The Two Integrations refers to the combination of the basic principles of Marxism with China’s specific realities and with the excellent traditional Chinese culture., continuously advancing theoretical and practical innovation in the system of people’s congresses, putting forward a series of new concepts, new ideas, and new requirements, and forming Xi Jinping’s important thought on upholding and perfecting the system of people’s congresses. General Secretary Xi Jinping pointed out: “The system of people’s congresses is the fundamental political institutional arrangement that integrates Party leadership, the people being the masters of the country, and law-based governance, ensuring that the Party leads the people in effectively governing the country in accordance with the law.” These important expositions profoundly reveal the important status of the system of people’s congresses and clarify the connotation and requirements of adhering to the political development path of socialism with Chinese characteristics.

在庆祝全国人民代表大会成立70周年大会上,习近平总书记发表重要讲话,回顾中国共产党领导中国人民建立、完善人民代表大会制度的光辉历程,深刻阐述人民代表大会制度的显著政治优势,首要一条是“人民代表大会制度具有坚持中国共产党领导、保证党领导人民依法有效治理国家的显著优势。人民代表大会制度坚持党的领导、人民当家作主、依法治国有机统一”。党的十八大以来,以习近平同志为核心的党中央坚持“两个结合”,持续推进人民代表大会制度理论和实践创新,提出一系列新理念新思想新要求,形成了习近平总书记关于坚持和完善人民代表大会制度的重要思想。习近平总书记指出:“人民代表大会制度是坚持党的领导、人民当家作主、依法治国有机统一的根本政治制度安排,保证党领导人民依法有效治理国家。”这些重要论述,深刻揭示了人民代表大会制度的重要地位,阐明了坚持中国特色社会主义政治发展道路的内涵要求。

I. The Integration of Party Leadership, the People Being the Masters of the Country, and Law-Based Governance Is a Profound Summary of the Laws of the Development of Socialist Democratic Politics with Chinese Characteristics

一、坚持党的领导、人民当家作主、依法治国有机统一是对中国特色社会主义民主政治建设规律的深刻总结

Realizing and developing people’s democracy has been the unswerving pursuit and the banner always held high by our Party, bearing the Party’s original aspiration and founding mission, and for which it has carried out arduous exploration, practice, and struggle. Our Party, summing up the course of modern China’s political development and the practice of establishing a new type of people’s democratic political power, drew an important conclusion: the political power established after the victory of the New Democratic Revolution could only be a people’s democratic dictatorship led by the working class and based on the alliance of workers and peasants; the organizational form of political power corresponding to this state system could only be the system of people’s congresses under democratic centralism. The founding of New China provided the fundamental political prerequisite for the people to be the masters of the country. In September 1954, the First Session of the First National People’s Congress was convened and adopted the Constitution of the People’s Republic of China, establishing the state system of people’s democratic dictatorship and the corresponding form of government, marking the formal establishment of the people’s democratic system. In 1978, the Third Plenary Session of the 11th Central Committee of the CPC was convened, profoundly summing up the positive and negative experiences since the founding of New China, especially the painful lessons of the destruction of socialist democracy and the legal system during the “Cultural Revolution” [2]2 The “Cultural Revolution” (1966–1976) was a political campaign launched by Mao Zedong, marked by widespread social and political upheaval, which the CPC now officially assesses as having caused severe damage to socialist democracy and the legal system., emphasizing the development of socialist democracy and the improvement of the socialist legal system, and adhering to this as a major policy. The current Constitution of 1982 fully reflected this. In 1997, the 15th National Congress of the CPC took law-based governance as an important part of the construction of democratic politics in the primary stage of socialism, clearly proposing “law-based governance, building a socialist country under the rule of law,” and emphasizing that “developing democracy must be closely combined with improving the legal system and implementing law-based governance.” In 1999, the constitutional amendment enshrined law-based governance in the fundamental law. At the same time, understanding was continuously deepened and unified, and it was proposed that the most fundamental thing in building socialist democratic politics with Chinese characteristics is to integrate Party leadership, fully promoting democracy, and strict adherence to law through scientific systems and procedures. In 2002, the 16th National Congress of the CPC further summarized and elevated this, emphasizing that “the most fundamental thing in developing socialist democratic politics is to integrate Party leadership, the people being the masters of the country, and law-based governance,” and profoundly expounded its connotation and requirements. This was the formal proposal of the integration of Party leadership, the people being the masters of the country, and law-based governance in a Party congress document. In 2007, the 17th National Congress of the CPC pointed out that “we must adhere to the political development path of socialism with Chinese characteristics and adhere to the integration of Party leadership, the people being the masters of the country, and law-based governance,” and wrote this into the Party Constitution. The integration of Party leadership, the people being the masters of the country, and law-based governance became the fundamental requirement for adhering to the political development path of socialism with Chinese characteristics.

实现和发展人民民主,是我们党始终不渝的追求、始终高扬的旗帜,承载着党的初心使命,并为之进行了艰辛探索、实践和奋斗。我们党总结中国近代政治发展历程和建立新型人民民主政权的实践得出重要结论:新民主主义革命胜利后建立的政权,只能是工人阶级领导的、以工农联盟为基础的人民民主专政;同这一国体相适应的政权组织形式,只能是民主集中制的人民代表大会制度。新中国的建立,为人民当家作主提供了根本政治前提。1954年9月,第一届全国人民代表大会第一次会议召开并通过《中华人民共和国宪法》,确立了人民民主专政的国体和与之相适应的政体,标志着人民民主制度正式建立。1978年党的十一届三中全会召开,深刻总结新中国成立以后正反两方面的经验教训,特别是“文革”中破坏社会主义民主法制的惨痛教训,强调发展社会主义民主、健全社会主义法制,并作为重大方针始终坚持。1982年现行宪法对此作了全面体现。1997年党的十五大将依法治国作为社会主义初级阶段民主政治建设的重要内容,明确提出“依法治国,建设社会主义法治国家”,强调“发展民主必须同健全法制紧密结合,实行依法治国”。1999年宪法修正案将依法治国载入根本法。同时不断深化、统一认识,提出建设中国特色社会主义民主政治,最根本的就是要通过科学的制度和程序,把坚持党的领导、充分发扬民主、严格依法办事统一起来。2002年党的十六大将此进一步总结提升,强调“发展社会主义民主政治,最根本的是要把坚持党的领导、人民当家作主、依法治国有机统一起来”,并深刻阐述了其内涵要求。这是坚持党的领导、人民当家作主、依法治国有机统一明确在党的代表大会文件中正式提出。2007年党的十七大指出,“要坚持中国特色社会主义政治发展道路,坚持党的领导、人民当家作主、依法治国有机统一”,并将之写入党章,坚持党的领导、人民当家作主、依法治国有机统一成为坚持中国特色社会主义政治发展道路的根本要求。

Since the 18th National Congress of the CPC, the Party Central Committee with Comrade Xi Jinping at its core, from the strategic height of upholding and improving Party leadership and consolidating the socialist system with Chinese characteristics, has continuously enriched, developed, and adhered to the theory and practice of integrating Party leadership, the people being the masters of the country, and law-based governance, deepening the understanding of the laws of democratic political development, and ensuring that the country’s political life is both full of vitality and orderly and stable. In December 2012, in his speech at the conference commemorating the 30th anniversary of the promulgation and implementation of the current Constitution, General Secretary Xi Jinping pointed out that “the key to adhering to the political development path of socialism with Chinese characteristics is to adhere to the integration of Party leadership, the people being the masters of the country, and law-based governance.” The Third Plenary Session of the 18th Central Committee of the CPC clearly proposed to deepen political system reform closely around adhering to the integration of Party leadership, the people being the masters of the country, and law-based governance; the Fourth Plenary Session of the 18th Central Committee of the CPC took adhering to the integration of Party leadership, the people being the masters of the country, and law-based governance as an important part of the overall requirements for comprehensively advancing law-based governance. The 19th National Congress of the CPC proposed that adhering to the integration of Party leadership, the people being the masters of the country, and law-based governance is an inevitable requirement for socialist political development, and that the system of people’s congresses is the fundamental political institutional arrangement that integrates Party leadership, the people being the masters of the country, and law-based governance, scientifically elucidating the internal relationship among Party leadership, the people being the masters of the country, and law-based governance, namely: Party leadership is the fundamental guarantee for the people being the masters of the country and law-based governance; the people being the masters of the country is the essential feature of socialist democratic politics; law-based governance is the basic way for the Party to lead the people in governing the country; the three are unified in the great practice of our country’s socialist democratic politics. The Fourth Plenary Session of the 19th Central Committee of the CPC, from the strategic overall perspective of advancing the modernization of the national governance system and governance capacity, emphasized the necessity of adhering to the integration of Party leadership, the people being the masters of the country, and law-based governance. The Sixth Plenary Session of the 19th Central Committee of the CPC, summarizing the major achievements and historical experience of the Party’s century-long struggle, pointed out that building socialist democratic politics and developing socialist political civilization must adhere to the integration of Party leadership, the people being the masters of the country, and law-based governance, and actively develop whole-process people’s democracy. The 20th National Congress of the CPC emphasized the necessity of unswervingly following the political development path of socialism with Chinese characteristics, adhering to the integration of Party leadership, the people being the masters of the country, and law-based governance, adhering to the principal position of the people, fully reflecting the people’s will, safeguarding the people’s rights and interests, and stimulating the people’s creative vitality. The Third Plenary Session of the 20th Central Committee of the CPC, in the overall goal of further deepening reform comprehensively, pointed out focusing on developing whole-process people’s democracy, adhering to the integration of Party leadership, the people being the masters of the country, and law-based governance, promoting the system of the people being the masters of the country to become more complete, the extensive, multi-level, and institutionalized development of consultative democracy, the socialist legal system with Chinese characteristics to become more perfect, and the construction of a socialist country under the rule of law to reach a higher level. In September 2024, General Secretary Xi Jinping delivered an important speech at the conference celebrating the 70th anniversary of the founding of the National People’s Congress, profoundly summarizing our Party’s understanding of the laws of the development of socialist democratic politics in the New Era, and proposing “eight musts” [3]3 The “eight musts” (八个必须坚持) are eight principles for upholding and perfecting the system of people’s congresses in the New Era, including upholding Party leadership, using the system to guarantee the people being the masters of the country, and adhering to comprehensive law-based governance, among others., including the necessity of upholding the leadership of the Communist Party of China, the necessity of using the system to guarantee the people being the masters of the country, and the necessity of adhering to comprehensive law-based governance, providing fundamental guidance for promoting the high-quality development of the work of the people’s congresses in the New Era.

党的十八大以来,以习近平同志为核心的党中央,从坚持和完善党的领导、巩固中国特色社会主义制度战略高度,不断丰富、发展和坚持党的领导、人民当家作主、依法治国有机统一的理论和实践,深化对民主政治发展规律的认识,保证国家政治生活既充满生机活力又安定有序。2012年12月,习近平总书记在纪念现行宪法颁布实施30周年大会上讲话中指出,“坚持中国特色社会主义政治发展道路,关键是要坚持党的领导、人民当家作主、依法治国有机统一”。党的十八届三中全会明确提出,紧紧围绕坚持党的领导、人民当家作主、依法治国有机统一深化政治体制改革;党的十八届四中全会将坚持党的领导、人民当家作主、依法治国有机统一作为全面推进依法治国总体要求的重要内容。党的十九大提出,坚持党的领导、人民当家作主、依法治国有机统一是社会主义政治发展的必然要求,人民代表大会制度是坚持党的领导、人民当家作主、依法治国有机统一的根本政治制度安排,科学阐明了党的领导、人民当家作主、依法治国的内在关系,即党的领导是人民当家作主和依法治国的根本保证,人民当家作主是社会主义民主政治的本质特征,依法治国是党领导人民治理国家的基本方式,三者统一于我国社会主义民主政治的伟大实践;党的十九届四中全会从推进国家治理体系和治理能力现代化战略全局的高度,强调必须坚持党的领导、人民当家作主、依法治国有机统一;党的十九届六中全会总结党的百年奋斗重大成就和历史经验,指出建设社会主义民主政治,发展社会主义政治文明,必须坚持党的领导、人民当家作主、依法治国有机统一,积极发展全过程人民民主。党的二十大强调,必须坚定不移走中国特色社会主义政治发展道路,坚持党的领导、人民当家作主、依法治国有机统一,坚持人民主体地位,充分体现人民意志、保障人民权益、激发人民创造活力。党的二十届三中全会在进一步全面深化改革的总目标中指出,聚焦发展全过程人民民主,坚持党的领导、人民当家作主、依法治国有机统一,推动人民当家作主制度更加健全、协商民主广泛多层制度化发展、中国特色社会主义法治体系更加完善,社会主义法治国家建设达到更高水平。2024年9月,习近平总书记在庆祝全国人民代表大会成立70周年大会上发表重要讲话,深刻总结新时代我们党对社会主义民主政治发展的规律认识,提出必须坚持中国共产党领导,必须坚持用制度体系保障人民当家作主,必须坚持全面依法治国等“八个必须坚持”,为新时代推动人大工作高质量发展提供了根本遵循。

It can be seen that the integration of Party leadership, the people being the masters of the country, and law-based governance is the result of our Party leading the people in combining the basic principles of Marxism with China’s specific realities and with the excellent traditional Chinese culture, gradually formed through long-term exploration and unswervingly implemented and carried out, running through all aspects and the entire process of the development of socialist democratic politics, fully reflecting the core essence of the socialist political system with Chinese characteristics in terms of nature, direction, goals, and guarantees, and is the fundamental requirement of our country’s political life.

可以看出,坚持党的领导、人民当家作主、依法治国有机统一,是我们党领导人民把马克思主义基本原理同中国具体实际相结合、同中华优秀传统文化相结合,经过长期探索逐步形成并坚定不移贯彻落实,贯穿于社会主义民主政治发展的全过程各方面,从性质、方向、目标、保障等方面完整反映了中国特色社会主义政治制度的核心要义,是我国政治生活的根本要求。

II. The System of People’s Congresses Provides an Effective and Reliable Institutional Carrier for the Integration of Party Leadership, the People Being the Masters of the Country, and Law-Based Governance

二、人民代表大会制度为坚持党的领导、人民当家作主、依法治国有机统一提供有效可靠的制度载体

In his important speech at the celebration of the 70th anniversary of the founding of the National People’s Congress, General Secretary Xi Jinping profoundly elucidated the five major significant political advantages of the system of people’s congresses and deeply pointed out the historical logic, theoretical logic, institutional logic, and practical logic by which the system of people’s congresses upholds the organic unity of Party leadership, the people being the masters of the country, and law-based governance. The system of people’s congresses provides an effective and reliable institutional carrier, implementation platform, and operational track for upholding the organic unity of Party leadership, the people being the masters of the country, and law-based governance, thoroughly threading and connecting these three elements.

习近平总书记在庆祝全国人民代表大会成立70周年大会上的重要讲话中,深刻阐释了人民代表大会制度的五大显著政治优势,深刻指出了人民代表大会制度坚持党的领导、人民当家作主、依法治国有机统一的历史逻辑、理论逻辑、制度逻辑、实践逻辑。人民代表大会制度为坚持党的领导、人民当家作主、依法治国有机统一,提供了有效可靠的制度载体、实施平台和运行轨道,把三者切实贯穿打通。

Party leadership is the most essential feature of socialism with Chinese characteristics, the greatest strength of the system of socialism with Chinese characteristics, and the fundamental guarantee for the people being the masters of the country and law-based governance. Through the system of people’s congresses, the Party fully exercises its role as the leadership core in overall planning and coordinating all quarters in the country’s political, economic, and social life, unifying the leadership of the people in making and implementing the Constitution and laws with the Party’s insistence on operating within the framework of the Constitution and laws. It turns the Party’s propositions into the will of the state through legal procedures, turns the candidates recommended by Party organizations into leading personnel of state power organs through legal procedures, implements leadership over the state and society through state power organs, and uses the principle of democratic centralism to uphold the authority of the Central Committee and maintain the unity and solidarity of the entire Party and the whole country. In the operation of the system of people’s congresses, people’s congresses at all levels and their standing committees uphold Party leadership, ensuring that the Party’s theories, lines, principles, policies, and decisions are comprehensively implemented and effectively executed in state work. The people being the masters of the country is the essence and core of socialist democratic politics. All power in the country belongs to the people. Through democratic elections, the people elect deputies to people’s congresses at all levels, forming organs of state power and exercising state power. Deputies to the National People’s Congress and local people’s congresses at all levels are all elected by the people through democratic elections, are responsible to the people, and are subject to their supervision. State administrative organs, supervisory organs, adjudicative organs, and procuratorial organs are all created by the people’s congresses, are responsible to them, and are subject to their supervision. The National People’s Congress amends the Constitution; the Standing Committee of the National People’s Congress interprets the Constitution; the National People’s Congress and its Standing Committee supervise the implementation of the Constitution, formulate and amend laws; people’s congresses at all levels and their standing committees examine and approve plans and budgets, discuss and decide on major issues in their respective administrative areas, and supervise the work of the “one government, one commission, two courts.” [4]4 “One government, one commission, two courts” refers to the people’s government, the supervisory commission, the people’s court, and the people’s procuratorate. People’s congresses at all levels and their standing committees hold regular meetings, reflecting and embodying the will and interests of the people, and making resolutions and decisions; this is an important pathway and the highest form of realization for the people being the masters of the country. Law-based governance is the basic method by which the Party leads the people in governing the country. Comprehensive law-based governance is an essential requirement and important guarantee of socialism with Chinese characteristics. Its broadest and deepest foundation lies in the people. Through the system of people’s congresses, laws are formulated and their implementation ensured, striving to make the people feel fairness and justice in every legal system, every law enforcement decision, and every judicial case.

党的领导是中国特色社会主义最本质的特征,是中国特色社会主义制度的最大优势,是人民当家作主和依法治国的根本保证。党通过人民代表大会制度,在国家政治、经济、社会生活中充分发挥总揽全局、协调各方的领导核心作用,把领导人民制定和实施宪法法律同党坚持在宪法法律范围内活动统一起来,使党的主张通过法定程序成为国家意志,使党组织推荐的人选通过法定程序成为国家政权机关的领导人员,通过国家政权机关实施对国家和社会的领导,运用民主集中制原则维护中央权威、维护全党全国团结统一。在人民代表大会制度运行中,各级人大及其常委会坚持党的领导,保证党的理论、路线、方针政策和决策部署在国家工作中得到全面贯彻和有效执行。人民当家作主是社会主义民主政治的本质和核心。国家的一切权力属于人民,人民通过民主选举,产生各级人大代表,组成国家权力机关,行使国家权力。全国和地方各级人大代表都由人民民主选举产生,对人民负责,受人民监督。国家行政机关、监察机关、审判机关和检察机关都由人大产生,对它负责,受它监督。全国人大修改宪法,全国人大常委会解释宪法,全国人大及其常委会监督宪法的实施,制定修改法律,各级人大及其常委会审查批准计划预算、讨论决定本行政区域的重大事项,监督“一府一委两院”的工作。各级人大及其常委会定期举行会议,反映体现人民的意志和利益,作出决议决定,是人民当家作主的重要途径和最高实现形式。依法治国是党领导人民治理国家的基本方式,全面依法治国是中国特色社会主义的本质要求和重要保障,其最广泛、最深厚的基础是人民,通过人民代表大会制度制定法律并确保实施,努力让人民群众在每一项法律制度、每一个执法决定、每一宗司法案件中都感受到公平正义。

In the New Era, the system of people’s congresses has provided rich practice for upholding the organic unity of Party leadership, the people being the masters of the country, and law-based governance, demonstrating tremendous efficacy. The Constitution is the fundamental law of the state, the general charter for governing the country and ensuring security, and the concentrated expression of the will of the Party and the people. After the current Constitution was adopted by the National People’s Congress in 1982, in accordance with the practice and development of reform and opening up and socialist modernization, the National People’s Congress made important amendments to parts of the Constitution five times in 1988, 1993, 1999, 2004, and 2018, adopting a total of 52 constitutional amendments, achieving the Constitution’s progress with the times; all of these were accomplished under the leadership of the Party Central Committee. The fifth amendment to the current Constitution was a very important revision with the largest number of amendments. The Second Plenary Session of the 19th Central Committee of the CPC [5]5 The Second Plenary Session of the 19th Central Committee of the CPC was held in January 2018 and focused on the revision of the state constitution. specially studied constitutional amendments and put forward proposals for amending parts of the Constitution. The First Session of the 13th National People’s Congress adopted the constitutional amendment, which included enriching the content on upholding and strengthening the Party’s overall leadership, adding “The leadership of the Communist Party of China is the most essential feature of socialism with Chinese characteristics” to Article 1 of Chapter One of the Constitution. Through this form of the state’s fundamental law, it strengthens the awareness of Party leadership in the country’s political and social life, embodying the common will of the entire people. This is a vivid practice of the organic unity of Party leadership, the people being the masters of the country, and law-based governance. Another example: in the early period of reform and opening up, the National People’s Congress successively enacted the Law on Sino-Foreign Equity Joint Ventures, the Law on Wholly Foreign-Owned Enterprises, and the Law on Sino-Foreign Cooperative Joint Ventures. Subsequently, based on the need to join the World Trade Organization and summarizing the experience of establishing pilot free trade zones, two rounds of important revisions were made. In March 2019, 40 years after reform and opening up, the Second Session of the 13th National People’s Congress adopted the Foreign Investment Law, establishing a new type of foreign investment management legal system based on pre-establishment national treatment plus a negative list management approach, elevating the Party Central Committee’s policy of expanding opening up into law, making it a norm to be uniformly followed, and better leveraging the role of the rule of law in consolidating foundations, stabilizing expectations, and ensuring long-term benefits.

新时代人民代表大会制度为坚持党的领导、人民当家作主、依法治国有机统一提供了丰富实践,展现巨大功效。宪法是国家的根本法,是治国安邦的总章程,是党和人民意志的集中体现。1982年全国人大通过现行宪法后,根据改革开放和社会主义现代化建设的实践和发展,全国人大于1988年、1993年、1999年、2004年、2018年先后5次对宪法的部分内容作出重要修正,共通过52条宪法修正案,实现宪法的与时俱进,这些都是在党中央领导下完成的。现行宪法的第五次修正,是修正案数量最多的一次十分重要的修改。党的十九届二中全会专题研究宪法修改,提出关于修改宪法部分内容的建议。十三届全国人大一次会议通过宪法修正案,其中充实坚持和加强党的全面领导内容,在宪法第一章总纲第一条中增加“中国共产党领导是中国特色社会主义最本质的特征”,通过宪法这一国家根本法的形式,在国家政治生活和社会生活中强化党的领导意识,体现全体人民的共同意愿。这是坚持党的领导、人民当家作主、依法治国有机统一的生动实践。再如,改革开放早期,全国人大先后制定中外合资经营企业法、外资企业法和中外合作经营企业法,此后根据加入世贸组织的需要和总结建立自由贸易试验区的经验,先后进行两轮重要修改。2019年3月,在改革开放40年后,十三届全国人大二次会议通过外商投资法,确立了外商投资准入前国民待遇加负面清单管理这一新型外商投资管理法律制度,把党中央扩大开放的政策上升为法律,成为一体遵循的规范,更好发挥法治固根本、稳预期、利长远的保障作用。

Implementing the decisions and deployments of the Party Central Committee and summarizing practical experience, the National People’s Congress formulated the Supervision Law, amended the Legislation Law, the Organic Law of the National People’s Congress, the Rules of Procedure of the National People’s Congress, the Organic Law of the State Council, the Organic Law of Local People’s Congresses and Local People’s Governments at All Levels; the Standing Committee of the National People’s Congress amended the Electoral Law, the Law on Deputies to the National People’s Congress and Local People’s Congresses at All Levels, the Rules of Procedure of the Standing Committee of the National People’s Congress, the Organic Law of the People’s Courts, the Organic Law of the People’s Procuratorates, the Budget Law, the Audit Law, the Decision on Strengthening the Supervision of Economic Work, and the Decision on Strengthening the Review and Supervision of the Central Budget; and adopted the Decision on Strengthening the Supervision of State-Owned Assets Management and the Decision on Improving and Strengthening the Record-Review System, among others. These actions improved the organizational legal systems of state institutions and the review and supervision systems for plans and budgets, perfected the organizational and working systems of people’s congresses, further improved the system of people’s congresses, and better upheld the organic unity of Party leadership, the people being the masters of the country, and law-based governance.

贯彻党中央的决策部署,总结实践经验,全国人大制定监察法,修改立法法、全国人大组织法、全国人大议事规则、国务院组织法、地方各级人大和政府组织法,全国人大常委会修改选举法、代表法、全国人大常委会议事规则、人民法院组织法、人民检察院组织法、预算法、审计法、关于加强经济工作监督的决定、关于加强中央预算审查监督的决定,通过关于加强国有资产管理情况监督的决定、关于完善和加强备案审查制度的决定等,完善国家机构组织法律制度和计划预算等审查监督制度,健全人大组织制度和工作制度,进一步完善了人民代表大会制度,更好坚持党的领导、人民当家作主、依法治国有机统一。

The system of people’s congresses ensures that the Party leads the people in effectively governing the country, ensures that all power in the country belongs to the people, ensures the institutionalization and legalization of democracy, and continuously advances the institutionalization, standardization, and proceduralization of socialist democratic politics.

人民代表大会制度确保党领导人民有效治理国家,确保国家的一切权力属于人民,确保民主的制度化、法律化,不断推进社会主义民主政治制度化、规范化、程序化。

III. Unwaveringly Upholding the Requirements of the Organic Unity of Party Leadership, the People Being the Masters of the Country, and Law-Based Governance in the Operation of the System of People’s Congresses

三、在人民代表大会制度运行中毫不动摇坚持党的领导、人民当家作主、依法治国有机统一要求

After 70 years, especially the theoretical and practical innovation and development since the New Era, the system of people’s congresses has become more mature and more established. To leverage the advantages and efficacy of the system of people’s congresses, it is necessary not only to uphold and improve the system of people’s congresses but, more importantly, to operate it well, transforming institutional advantages into governance advantages and practical results. The key to developing socialist democratic politics is to fully unleash the characteristics and advantages of China’s socialist democratic politics. In October 2021, the Party Central Committee held the first Central Conference on Work Related to People’s Congresses. General Secretary Xi Jinping delivered an important speech, profoundly answering a series of major theoretical and practical questions concerning the development of socialist democratic politics with Chinese characteristics and the upholding and improvement of the system of people’s congresses in the New Era. The 20th National Congress of the CPC and the Third Plenary Session of the 20th Central Committee [6]6 The Third Plenary Session of the 20th Central Committee of the CPC was held in July 2024 and focused on further comprehensively deepening reform and advancing Chinese-path modernization. made important deployments for upholding and improving China’s fundamental political system. In September 2024, General Secretary Xi Jinping delivered an important speech at the celebration of the 70th anniversary of the founding of the National People’s Congress, systematically summarizing the major achievements in the theoretical and practical innovation of the system of people’s congresses in the New Era, and making comprehensive deployments for upholding, improving, and operating the system of people’s congresses at the new historical starting point. It is necessary to thoroughly study and implement General Secretary Xi Jinping’s important thoughts on upholding and improving the system of people’s congresses and the decisions and deployments of the Party Central Committee, and unwaveringly uphold the organic unity of Party leadership, the people being the masters of the country, and law-based governance in the performance of duties by people’s congresses.

经过70年特别是新时代以来的理论实践创新发展,人民代表大会制度更加成熟、更加定型。发挥人民代表大会制度的优势功效,不仅要把人民代表大会制度坚持好完善好,更要运行好,将制度优势转化为治理优势、实践效果。发展社会主义民主政治,关键是要把我国社会主义民主政治的特点和优势充分发挥出来。2021年10月,党中央首次召开中央人大工作会议,习近平总书记发表重要讲话,深刻回答新时代发展中国特色社会主义民主政治、坚持和完善人民代表大会制度的一系列重大理论和实践问题。党的二十大和二十届三中全会对坚持和完善我国的根本政治制度作出重要部署。2024年9月,习近平总书记在庆祝全国人民代表大会成立70周年大会上发表重要讲话,系统总结新时代人民代表大会制度理论和实践创新重大成果,对在新的历史起点上坚持好、完善好、运行好人民代表大会制度作出全面部署。要深入学习贯彻习近平总书记关于坚持和完善人民代表大会制度的重要思想和党中央的决策部署,在人大履职工作中毫不动摇坚持党的领导、人民当家作主、依法治国有机统一。

In the operation of the system of people’s congresses, the organic unity of upholding Party leadership, the people being the masters of the country, and law-based governance is maintained, and whole-process people’s democracy is solidly advanced. Whole-process people’s democracy is the essential attribute of socialist democracy, and developing whole-process people’s democracy is an essential requirement of Chinese-path modernization. The operation of the system of people’s congresses includes the links of democratic elections, democratic consultations, democratic decision-making, democratic management, and democratic supervision; it is an important institutional vehicle for realizing whole-process people’s democracy, providing an institutionalized, standardized, and proceduralized arrangement for upholding Party leadership, adhering to the correct political direction, and deeply practicing whole-process people’s democracy. There are more than 2.77 million deputies to people’s congresses at all levels nationwide; each deputy is a bond and bridge connecting the people, and deputies to people’s congresses at all levels perform their duties without leaving their work or production, maintaining a natural connection with the people. Deputies to people’s congresses leverage their own advantages, actively fulfill their duties, and through online and offline forms such as visits, discussions, receptions, and correspondence, conduct in-depth investigations and research, observe social conditions and public opinion, and promptly reflect the views of the masses. At the same time, the construction of deputies’ homes, deputies’ liaison stations, and grassroots legislative contact points is actively promoted, the platforms for deputies to connect with the masses are well built and well used, the work capacity and convenience of deputies in connecting with the masses are enhanced, the content and forms of deputies’ connections with the masses are further enriched, and the role of deputies to people’s congresses is fully brought into play. The working mechanism for absorbing public opinion and gathering popular wisdom is improved, and the practice of whole-process people’s democracy is implemented in all links and aspects of the operation of the system of people’s congresses. The rules of procedure of people’s congresses are improved to ensure the full development of democracy, the improvement of deliberation efficiency, and the guarantee of decision-making quality; systems for argumentation, evaluation, appraisal, and hearings are improved, and the orderly participation of the masses in the work of people’s congresses is expanded through multiple means.

在人民代表大会制度运行过程中,坚持党的领导、人民当家作主、依法治国有机统一,扎实推进全过程人民民主。全过程人民民主是社会主义民主的本质属性,发展全过程人民民主是中国式现代化的本质要求。人民代表大会制度的运行包括了民主选举、民主协商、民主决策、民主管理、民主监督等各环节,是实现全过程人民民主的重要制度载体,为坚持党的领导,坚持正确政治方向,深入践行全过程人民民主提供了制度化、规范化、程序化的安排。全国有各级人大代表277万多名,每位代表都是联系人民群众的纽带和桥梁,各级人大代表履行代表职务,不脱离工作生产,与人民群众有着天然联系。人大代表发挥自身优势,积极履职,通过走访、座谈、接待、通信等线上线下形式,深入调查研究,体察社情民意,及时反映群众意见。同时积极推进代表之家、代表联络站、基层立法联系点等建设,建好用好代表联系群众平台,提升代表联系群众的工作能力和便捷度,进一步丰富人大代表联系人民群众的内容和形式,充分发挥人大代表作用。健全吸纳民意、汇集民智工作机制,将践行全过程人民民主贯彻落实到人民代表大会制度运行中的各环节、各方面。健全人大议事规则,保障充分发扬民主、提高议事效率、保证决策质量;健全论证、评估、评议、听证制度,通过多种方式扩大人民群众对人大工作的有序参与。

In the performance of the functions of people’s congresses and their standing committees, the requirements of the organic unity of Party leadership, the people being the masters of the country, and law-based governance are implemented. Legislation is an important function of the National People’s Congress and its Standing Committee, as well as local people’s congresses and their standing committees with legislative power; legislation has a unique status and role in realizing the organic unity of Party leadership, the people being the masters of the country, and law-based governance, and in connecting and integrating these three. Party policies centrally embody the interests and demands of the broadest masses of the people; they are the source and foundation, and an important basis for legislation and an important guide for law enforcement and judicial work. Through the system of people’s congresses, in accordance with statutory procedures, the Party’s propositions and the people’s will are organically combined, transformed into the will of the state, and formed into laws. Through laws, the effective realization of the Party’s policies and propositions is guaranteed, the people’s will is ensured to become a code of conduct uniformly followed by the whole society, and the people being the masters of the country is fully embodied and guaranteed. After Party policies become state laws, implementing the law is implementing the Party’s will, acting according to law is executing Party policies, and the people abiding by the law is realizing their own will. The rule of law is an important guarantee for Chinese-path modernization; legislation is the prerequisite and foundation of the rule of law. Deepening reform in the legislative field, upholding the organic unity of Party leadership, the people being the masters of the country, and law-based governance, provides a strong legal guarantee for Chinese-path modernization.

在人大及其常委会职能履行中,贯彻落实党的领导、人民当家作主、依法治国有机统一要求。立法是全国人大及其常委会、有立法权的地方人大及其常委会的重要职能,立法在实现党的领导、人民当家作主、依法治国有机统一,将三者打通贯通中具有独特地位作用。党的政策集中体现最广大人民群众的利益和诉求,是源头和根本,是立法的重要依据和执法司法的重要指导。通过人民代表大会制度,按照法定程序,将党的主张和人民意愿有机结合起来,转化为国家意志,形成法律。通过法律,保障党的政策和主张有效实现,保证人民意愿成为全社会一体遵循的行为规范,充分体现和保障人民当家作主。党的政策成为国家法律后,实施法律就是贯彻党的意志,依法办事就是执行党的政策,人民遵守法律就是实现自身意愿。法治是中国式现代化的重要保障,立法是法治的前提和基础,深化立法领域改革,坚持党的领导、人民当家作主、依法治国有机统一,为中国式现代化提供有力法治保障。

First, uphold the Party’s leadership over legislative work, and implement and embody the Party’s propositions. Persist in studying and implementing Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, especially Xi Jinping Thought on the Rule of Law; uphold the Party’s leadership over legislative work; ensure that the Party’s propositions become the will of the state and are embodied in legal provisions through statutory procedures. Legislation must resolutely implement the Party’s theories, lines, principles, and policies; resolutely implement the major decisions and deployments of the Party Central Committee; resolutely implement the spirit of General Secretary Xi Jinping’s important instructions and directives; and implement the system of reporting legislative matters for instructions.

一是坚持党对立法工作的领导,贯彻体现党的主张。坚持学习贯彻习近平新时代中国特色社会主义思想特别是习近平法治思想,坚持党对立法工作的领导,确保党的主张通过法定程序成为国家意志、体现为法律规定。立法要坚决贯彻党的理论、路线、方针、政策,坚决贯彻党中央的重大决策部署,坚决贯彻习近平总书记重要指示批示精神,贯彻落实立法请示报告制度。

Second, uphold legislation for the people, and effectively embody the people being the masters of the country. For the people and relying on the people is our Party’s governing mission and also the source of strength for advancing socialist democratic politics and comprehensively governing the country according to law. The embodiment of the people’s interests, the reflection of the people’s wishes, the safeguarding of the people’s rights and interests, and the enhancement of the people’s well-being must be implemented in all aspects and the entire process of legislative work. Legislation must guarantee the people being the masters of the country, and continuously improve the systems for participating in the management of state affairs, the management of economic and cultural undertakings, and the management of social affairs. Accelerate the improvement of the legal system embodying equal rights, equal opportunities, and equal rules; guarantee the extensive rights enjoyed by the people; improve the systems for the guarantee, realization, and remedy of rights; and ensure the effective implementation of citizens’ various rights. Legislation must fully embody and reflect the will of the masses, be urgent about what the masses are urgent about, think about what the masses are thinking about, and do what the masses need; make continuous and vigorous efforts in the areas of people’s livelihood such as employment, education, medical care, social security, housing, elderly care, food safety, the ecological environment, and public security; and continuously improve the legal systems necessary to meet the people’s growing needs for a better life. Continuously improve the procedures and mechanisms for democratic legislation; improve the mechanisms for the expression and coordinated balancing of interest demands; build grassroots legislative contact points well to set up a direct channel for the masses to participate in legislation; improve the response mechanism for democratic legislation; make good use of mechanisms such as press conferences and briefings to promptly provide feedback on the adoption of legislative suggestions and respond to the masses’ concerns about hot legislative issues; adapt to the new situation of the rapid development of modern technologies such as the Internet, big data, and artificial intelligence; carry out more beneficial explorations; innovate more forms of realization; and broaden the breadth and depth of the masses’ participation in legislation.

二是坚持立法为民,切实体现人民当家作主。为了人民、依靠人民,是我们党的执政使命,也是推进社会主义民主政治和全面依法治国的力量源泉。要把体现人民利益、反映人民愿望、维护人民权益、增进人民福祉贯彻到立法工作的各方面全过程。立法要保障人民当家作主,不断完善参与管理国家事务、管理经济文化事业、管理社会事务的制度。加快完善体现权利公平、机会公平、规则公平的法律制度,保障人民享有的广泛权利,完善权利保障、实现和救济制度,保障公民各项权利得到有效落实。立法要充分体现和反映人民群众意愿,急人民群众所急、想人民群众所想、办人民群众所需,在就业、教育、医疗、社保、住房、养老、食品安全、生态环境、社会治安等民生领域下大力气持续推进,不断健全满足人民日益增长的美好生活需要必备的法律制度。要不断完善民主立法程序和机制,健全利益诉求表达和协调平衡机制,建设好基层立法联系点,为人民群众参与立法搭建直通车;健全民主立法回应制度,用好记者会、发布会等机制,及时反馈立法建议采纳情况,回应人民群众对立法热点问题的关切;顺应互联网、大数据、人工智能等现代科技迅猛发展的新形势,开展更多有益探索,创新更多实现形式,拓宽人民群众参与立法的广度和深度。

Third, uphold scientific legislation and follow the laws of legislation. Uphold the unity and connection between legislative decisions and reform decisions; promptly elevate reform achievements into the legal system; provide a strong guarantee and support for comprehensively deepening reform on the track of the rule of law and advancing Chinese-path modernization, achieving the unity of reform and the rule of law, and ensuring that major reforms have a legal basis. Uphold and improve the legislative work pattern of Party committee leadership, people’s congress dominance, government support, and participation from all sides; form a joint force in legislative work; coordinate the enactment, amendment, abolition, interpretation, and codification of laws; strengthen legislation in key areas, emerging areas, and areas involving foreign affairs; improve the systems for constitutional review and record review; improve the quality of legislation; and continuously improve the socialist legal system with Chinese characteristics with the Constitution at its core. Currently, the demand for legislation is strong, and the legislative task is heavy. The tighter the time and the faster the pace, the more attention must be paid to legislative quality and the enhancement of the practical effectiveness of laws. It is necessary to uphold scientific legislation, democratic legislation, and law-based legislation; follow the laws of legislation; respect the laws of nature; and reflect and embody the laws of economic and social development. For specific legislative projects, one can neither be hasty nor slow; the required procedures and links cannot be omitted; one cannot seek quick success and ignore quality. At the same time, the heavier the task and the higher the requirements, the more attention must be paid to legislative efficiency and the enhancement of the timeliness of laws. According to actual needs and real conditions, prioritize and allocate resources rationally; enact urgently needed laws first and enact laws when they are mature; never miss the legislative opportunity or the “window period” for establishing institutions.

三是坚持科学立法,遵循立法规律。坚持立法决策和改革决策相统一、相衔接,及时把改革成果上升为法律制度,为在法治轨道上全面深化改革、推进中国式现代化,做到改革和法治相统一,重大改革于法有据,提供有力保障和支撑。坚持和完善党委领导、人大主导、政府依托、各方参与的立法工作格局,形成立法工作合力,统筹立改废释纂,加强重点领域、新兴领域、涉外领域立法,完善合宪性审查、备案审查制度,提高立法质量,不断完善以宪法为核心的中国特色社会主义法律体系。当前立法需求旺盛,立法任务繁重。越是时间紧、节奏快,越要重视立法质量,增强法律实效性。必须坚持科学立法、民主立法、依法立法,遵循立法规律,尊重自然规律,反映和体现经济社会发展规律。就具体立法项目而言,既不能急,也不能慢,该走的程序和环节一个都不能少,不能急于求成,不讲质量。同时,越是任务重、要求高,越要重视立法效率,增强法律及时性。要根据现实需求和实际情况,区分轻重缓急,合理配置资源,做到急需先立、成熟就立,绝不贻误立法时机,错失制度确立的“窗口期”。

The supervision by people’s congresses and their standing committees over the work of the “one government, one commission, and one court”[7]7 “One government, one commission, and one court” refers to the people’s government, the supervisory commission, and the people’s court and people’s procuratorate at the corresponding level. and the supervision to ensure the implementation of the Constitution and laws are important powers conferred by the Constitution and laws. The exercise of supervisory powers by people’s congresses and their standing committees is an important practice of upholding the organic unity of Party leadership, the people being the masters of the country, and law-based governance. Uphold correct supervision; uphold Party leadership; accurately grasp the positioning and direction of people’s congress supervision; closely focus on the central work of the Party and the state to carry out supervision. Uphold effective supervision; uphold a problem-oriented approach; highlight the focus of supervision; enhance the effectiveness of supervision. Uphold law-based supervision; act in accordance with statutory authority and procedures; promote the performance of duties by various state organs. In supervision, practice the requirements of whole-process people’s democracy; extensively listen to the opinions of the masses; actively respond to the concerns of the masses; ensure that wherever the people call, we respond. Uphold a problem-oriented approach; summarize practical experience; improve the people’s congress supervision system; further enhance the effectiveness of supervision; and advance the work of people’s congress supervision more deeply and practically on the track of the rule of law.

人大及其常委会监督“一府一委两院”工作,监督保证宪法法律实施,是宪法法律赋予的重要职权。人大及其常委会行使监督职权,是坚持党的领导、人民当家作主、依法治国有机统一的重要实践。坚持正确监督,坚持党的领导,把准人大监督的定位方向,紧紧围绕党和国家中心工作开展监督;坚持有效监督,坚持问题导向,突出监督重点,增强监督实效;坚持依法监督,依照法定权限和程序,推动各国家机关履职尽责。在监督中践行全过程人民民主要求,广泛听取人民群众的意见,积极回应人民群众的关切,做到民有所呼、我有所应。坚持问题导向,总结实践经验,健全人大监督制度,进一步提升监督实效,在法治轨道上推进人大监督工作走深走实。

General Secretary Xi Jinping has pointed out that people’s congresses at all levels and their standing committees “must become political organs that consciously uphold the leadership of the Communist Party of China, state power organs that ensure the people are the masters of the country, working organs that fully assume the various responsibilities conferred by the Constitution and laws, and representative organs that always maintain close ties with the masses of the people,” [8]8 “Four types of organs” (四个机关) refers to the four roles of people’s congresses as political organs, state power organs, working organs, and representative organs, as defined by Xi Jinping. thereby specifying the objectives and requirements for the self-building of people’s congresses. We must implement the requirements for building the “four types of organs,” [9]9 “New journey” (新征程) is a standard CPC term for the period after the 20th National Congress of the CPC (2022), during which the Party leads the drive to build a modern socialist country in all respects. strengthen the capacity building of people’s congress deputies and members of standing committees in performing their duties, the construction of the organizational operation system of people’s congresses, and the building of the work force, so as to better uphold the organic unity of the Party’s leadership, the people being the masters of the country, and law-based governance on the new journey, and to demonstrate responsibility and action in the process of comprehensively advancing the great cause of building a strong country and national rejuvenation.

习近平总书记指出,各级人大及其常委会“要成为自觉坚持中国共产党领导的政治机关、保证人民当家作主的国家权力机关、全面担负宪法法律赋予的各项职责的工作机关、始终同人民群众保持密切联系的代表机关”,指明了人大自身建设的目标要求。贯彻落实“四个机关”建设要求,加强人大代表、常委会组成人员履职能力建设、人大组织运行制度建设和工作队伍建设,在新征程上更好坚持党的领导、人民当家作主、依法治国有机统一,在全面推进强国建设、民族复兴伟业进程中彰显担当作为。

Source of the article: *Red Flag Manuscript*, October 27, 2024

文章来源:《红旗文稿》2024年10月27日

Online editor: Jing Mu

网络编辑:静穆

Notes

  1. The Two Integrations refers to the combination of the basic principles of Marxism with China’s specific realities and with the excellent traditional Chinese culture. ↩
  2. The “Cultural Revolution” (1966–1976) was a political campaign launched by Mao Zedong, marked by widespread social and political upheaval, which the CPC now officially assesses as having caused severe damage to socialist democracy and the legal system. ↩
  3. The “eight musts” (八个必须坚持) are eight principles for upholding and perfecting the system of people’s congresses in the New Era, including upholding Party leadership, using the system to guarantee the people being the masters of the country, and adhering to comprehensive law-based governance, among others. ↩
  4. “One government, one commission, two courts” refers to the people’s government, the supervisory commission, the people’s court, and the people’s procuratorate. ↩
  5. The Second Plenary Session of the 19th Central Committee of the CPC was held in January 2018 and focused on the revision of the state constitution. ↩
  6. The Third Plenary Session of the 20th Central Committee of the CPC was held in July 2024 and focused on further comprehensively deepening reform and advancing Chinese-path modernization. ↩
  7. “One government, one commission, and one court” refers to the people’s government, the supervisory commission, and the people’s court and people’s procuratorate at the corresponding level. ↩
  8. “Four types of organs” (四个机关) refers to the four roles of people’s congresses as political organs, state power organs, working organs, and representative organs, as defined by Xi Jinping. ↩
  9. “New journey” (新征程) is a standard CPC term for the period after the 20th National Congress of the CPC (2022), during which the Party leads the drive to build a modern socialist country in all respects. ↩