Xi Jinping Thought on the Rule of Law Has Major Practical Significance
刘小妹:习近平法治思想具有重大实践意义
In the historical process of comprehensively building a modern socialist country on the track of the rule of law, every step forward in the practice of socialism with Chinese characteristics must be accompanied by a corresponding step forward in the construction of the rule of law. Xi Jinping Thought on the Rule of Law is precisely a scientific theoretical system formed and developed in the great practice of constructing the rule of law under socialism with Chinese characteristics. It is a theoretical achievement proven by practice and rich in practical power, a fundamental guide and action guide for comprehensively governing the country according to law. It possesses a profound practical foundation, distinct practical characteristics, a practical character that keeps pace with the times, and major practical significance.
在法治轨道上全面建设社会主义现代化国家的历史进程中,中国特色社会主义实践每向前推进一步,法治建设就要跟进一步。习近平法治思想正是在中国特色社会主义法治建设伟大实践中形成和发展的科学理论体系,是经过实践证明、富有实践伟力的思想理论成果,是全面依法治国的根本遵循和行动指南,具有深厚的实践基础、鲜明的实践特征、与时俱进的实践品格和重大的实践意义。
Xi Jinping Thought on the Rule of Law Originates from the Practice of the Rule of Law under Socialism with Chinese Characteristics
习近平法治思想来源于中国特色社会主义法治实践
Comprehensively governing the country according to law is an essential requirement and important safeguard of socialism with Chinese characteristics. General Secretary Xi Jinping pointed out: “In the more than 70 years since the founding of New China, the reason our country has created the ‘two major miracles’ of rapid economic development and long-term social stability is very closely related to our continuous advancement of socialist rule-of-law construction.” [1]1 The “two major miracles” refer to China’s rapid economic development and long-term social stability. Since the 18th National Congress of the CPC, the Party Central Committee with Comrade Xi Jinping at its core has led the entire Party, the military, and the people of all ethnic groups in the country with confidence, self-reliance, integrity, and innovation, creating great achievements of socialism with Chinese characteristics for a New Era. It has led the people in solving many difficult rule-of-law problems that had long been desired but unsolved, and in accomplishing many major rule-of-law tasks that had been desired but unaccomplished in the past.
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。习近平总书记指出:“新中国成立70多年来,我国之所以创造出经济快速发展、社会长期稳定‘两大奇迹’,同我们不断推进社会主义法治建设有着十分紧密的关系。”党的十八大以来,以习近平同志为核心的党中央领导全党全军全国各族人民自信自强、守正创新,创造了新时代中国特色社会主义的伟大成就,领导人民解决了许多长期想解决而没有解决的法治难题,办成了许多过去想办而没有办成的法治大事。
In recent years, we have consistently adhered to the Party’s leadership over comprehensively governing the country according to law, incorporated comprehensive law-based governance into the Four-Pronged Comprehensive Strategy, and convened a Central Committee plenary session with the theme of comprehensively advancing law-based governance. We have enshrined in the Constitution that “the leadership of the Communist Party of China is the most essential feature of socialism with Chinese characteristics,” improved the system for the Party to lead comprehensive law-based governance, perfected the working mechanisms for the Party to lead legislation, ensure law enforcement, support the judiciary, and take the lead in abiding by the law, and advanced the institutionalization and legalization of Party leadership. Taking the construction of a socialist rule-of-law system with Chinese characteristics as the overall goal and overall lever of comprehensive law-based governance, we have improved top-level design, coordinated the advancement of the systems of laws and regulations, law enforcement, legal supervision, legal guarantees, and intra-Party regulations, and basically formed an overall framework for comprehensive law-based governance. We have correctly understood the dialectical and unified relationship between reform and the rule of law, insisting on advancing reform under the rule of law and perfecting the rule of law in the course of reform. We have deepened reforms in the rule-of-law field, improved the quality and efficiency of legislation, advanced the construction of a law-based government, reformed and perfected the judicial system, strengthened universal legal education and the construction of a law-based society and rule-of-law culture, coordinated domestic rule of law and foreign-related rule of law, deepened the administration of the military according to law, and advanced the construction of specialized rule-of-law teams. Major progress has been made in the practice of comprehensive law-based governance, and historic achievements have been made in our country’s socialist rule-of-law construction. Xi Jinping Thought on the Rule of Law is precisely a scientific theoretical system that has been gradually formed and developed in the great practice of leading and promoting our country’s socialist rule-of-law construction, in the process of meeting the actual needs of the people, and in the major tests of responding to real-world challenges.
近年来,我们始终坚持党对全面依法治国的领导,将全面依法治国纳入“四个全面”战略布局,并召开以全面推进依法治国为主题的中央全会。把“中国共产党领导是中国特色社会主义最本质的特征”写入宪法,健全党领导全面依法治国的制度,完善党领导立法、保证执法、支持司法、带头守法工作机制,推进党的领导制度化、法治化。以建设中国特色社会主义法治体系为全面依法治国的总目标总抓手,完善顶层设计,统筹推进法律法规、法治实施、法治监督、法治保障和党内法规体系建设,基本形成全面依法治国总体格局。正确认识改革与法治的辩证统一关系,坚持在法治下推进改革,在改革中完善法治。深化法治领域改革,提高立法质效,推进法治政府建设,改革完善司法体制,加强全面普法和法治社会、法治文化建设,统筹国内法治与涉外法治,深化依法治军,推进法治专门队伍建设,全面依法治国实践取得重大进展,我国社会主义法治建设取得历史性成就。习近平法治思想正是在领导和推动我国社会主义法治建设的伟大实践中,满足人民群众实际需求的过程中,以及应对现实挑战的重大考验中,逐步形成和发展起来的科学理论体系。
Xi Jinping Thought on the Rule of Law Is the Fundamental Guide and Action Guide for Comprehensively Governing the Country According to Law in the New Era
习近平法治思想是新时代全面依法治国的根本遵循和行动指南
Xi Jinping Thought on the Rule of Law scientifically answers the questions of who leads comprehensive law-based governance and what path to take. It profoundly clarifies that Party leadership is the soul of the rule of law under socialism with Chinese characteristics, and that the path of socialist rule of law with Chinese characteristics is the only correct path for the rule of law in China, pointing out the correct political stance and direction for the practice of rule-of-law construction.
习近平法治思想科学回答了全面依法治国由谁领导、走什么路的问题,深刻阐明了党的领导是中国特色社会主义法治之魂,中国特色社会主义法治道路是中国唯一正确的法治道路,为法治建设实践指明了正确政治立场和前进方向。
Xi Jinping Thought on the Rule of Law scientifically answers the question of what goals comprehensive law-based governance is to achieve. It puts forward the overall goal of building a socialist rule-of-law system with Chinese characteristics and a socialist country under the rule of law, as well as phased goals such as basically building a country, government, and society under the rule of law by 2035, and modernizing the national governance system and governance capacity by the middle of this century. It forms a system of rule-of-law construction goals covering all levels and running through all stages, drawing up a timetable for rule-of-law construction.
习近平法治思想科学回答了全面依法治国要实现什么目标的问题,提出了建设中国特色社会主义法治体系、建设社会主义法治国家的总目标,以及到2035年基本建成法治国家、法治政府、法治社会,到本世纪中叶实现国家治理体系和治理能力现代化的各阶段目标,形成了涵盖各层面、贯穿各阶段的法治建设目标体系,擘画出法治建设的时间表。
Xi Jinping Thought on the Rule of Law scientifically answers the question of how to advance comprehensive law-based governance. It proposes that comprehensive law-based governance is a systematic project that requires overall planning, with greater emphasis on systematicity, holism, and coordination, mapping out a roadmap for rule-of-law construction. Regarding the relationship between rule-of-law construction and external elements, it emphasizes comprehensively advancing the various measures of law-based governance within the Five-Sphere Integrated Plan, within the Four-Pronged Comprehensive Strategy, within the organic unity of Party leadership, the people being the masters of the country, and law-based governance, and within the basic requirement that law and morality complement each other and that rule of law and rule of virtue reinforce each other. Within the internal system of rule-of-law construction, it insists on jointly advancing law-based governance, law-based exercise of state power, and law-based administration, on the integrated construction of a country, government, and society under the rule of law, and on comprehensively advancing scientific legislation, strict law enforcement, impartial justice, and universal compliance with the law, promoting the interconnection and mutual reinforcement of all aspects and links of rule-of-law construction.
习近平法治思想科学回答了怎样推进全面依法治国的问题,提出全面依法治国是一个系统工程,要整体谋划,更加注重系统性、整体性、协同性,规划出法治建设的路线图。在法治建设与外部要素的关系上,强调在“五位一体”总体布局中,在“四个全面”战略布局中,在党的领导、人民当家作主、依法治国的有机统一中,在法律和道德相辅相成、法治和德治相得益彰的基本要求中,全面推进依法治国的各项举措。在法治建设系统内部,坚持依法治国、依法执政、依法行政共同推进,法治国家、法治政府、法治社会一体建设,坚持全面推进科学立法、严格执法、公正司法、全民守法,推动法治建设各方面各环节相互贯通、相互促进。
Xi Jinping Thought on the Rule of Law originates from practice, transcends practice, and guides practice. Studying, implementing, and comprehending Xi Jinping Thought on the Rule of Law ultimately means transforming the scientific and systematic deployment into vivid practice of rule-of-law construction. The “Plan for the Construction of a Rule-of-Law China (2020–2025),” the “Outline for the Construction of a Rule-of-Law Society (2020–2025),” and the “Outline for the Construction of a Rule-of-Law Government (2021–2025)” fully implement Xi Jinping Thought on the Rule of Law’s strategic layout for comprehensive law-based governance in the New Era. They are specific deployments for rule-of-law construction and are action programs and work plans for the practice of the rule of law under socialism with Chinese characteristics.
习近平法治思想来源于实践、高于实践并指导实践。学习贯彻习近平法治思想,归根到底是要把科学系统的部署转化为法治建设的生动实践。《法治中国建设规划(2020—2025年)》《法治社会建设实施纲要(2020—2025年)》《法治政府建设实施纲要(2021—2025年)》全面贯彻落实了习近平法治思想关于新时代全面依法治国的战略布局,是对法治建设的具体部署,是中国特色社会主义法治实践的行动纲领和工作方案。
Xi Jinping Thought on the Rule of Law Continuously Develops and Perfects in Guiding Rule-of-Law Practice
习近平法治思想在指导法治实践中不断发展完善
At present, the changes unseen in a century are accelerating, the instability and uncertainty of the international environment are markedly rising, and the tasks of domestic reform, development, and maintaining stability are increasingly heavy. Persisting in responding to major challenges, resisting major risks, overcoming major obstacles, and solving major contradictions according to law, and better leveraging the role of the rule of law in consolidating foundations, stabilizing expectations, and benefiting the long term, are major tests and epochal topics for comprehensive law-based governance. In this critical historical period, the Party Central Committee with Comrade Xi Jinping at its core has positioned, laid out, and vigorously implemented the rule of law from the overall and strategic height of upholding and developing socialism with Chinese characteristics. It creatively put forward a series of new concepts, new ideas, and new strategies for comprehensively governing the country according to law, forming Xi Jinping Thought on the Rule of Law. Xi Jinping Thought on the Rule of Law is an open scientific theoretical system that will inevitably be further enriched with the development of practice in the course of guiding the practice of the rule of law under socialism with Chinese characteristics.
当前,世界百年未有之大变局加速演变,国际环境不稳定性不确定性明显上升,国内改革发展稳定任务日益繁重。坚持依法应对重大挑战、抵御重大风险、克服重大阻力、解决重大矛盾,更好发挥法治固根本、稳预期、利长远作用,是全面依法治国的重大考验和时代课题。在此关键的历史时期,以习近平同志为核心的党中央从坚持和发展中国特色社会主义的全局和战略高度定位法治、布局法治、厉行法治,创造性提出全面依法治国的一系列新理念新思想新战略,形成了习近平法治思想。习近平法治思想是开放的科学理论体系,必将在指导中国特色社会主义法治实践中,随着实践发展而进一步丰富。
First, the elucidation of comprehensive law-based governance by Xi Jinping Thought on the Rule of Law is continuously deepening. The core essence of this thought is concentratedly embodied in the “Eleven Upholds.” [2]2 The “Eleven Upholds” are the core components of Xi Jinping Thought on the Rule of Law, summarizing key principles for comprehensive law-based governance. At the Central Conference on Work Related to Comprehensively Governing the Country According to Law held on November 16–17, 2020, General Secretary Xi Jinping proposed the “Eleven Upholds.” Compared with the “Ten Upholds” proposed in 2018, [3]3 The “Ten Upholds” were an earlier formulation of the core principles of Xi Jinping Thought on the Rule of Law, proposed in 2018. the “Eleven Upholds” added “upholding the advancement of the modernization of the national governance system and governance capacity on the track of the rule of law” and “upholding the coordinated advancement of domestic rule of law and foreign-related rule of law,” and no longer separately emphasized “upholding the proper handling of the dialectical relationships in comprehensive law-based governance.”
一是习近平法治思想对于全面依法治国的阐释不断深入,这一思想的核心要义集中体现为“十一个坚持”。2020年11月16—17日,习近平总书记在中央全面依法治国工作会议上提出的“十一个坚持”与2018年提出的“十个坚持”相比,多了“坚持在法治轨道上推进国家治理体系和治理能力现代化”“坚持统筹推进国内法治和涉外法治”,并不再单独强调“坚持处理好全面依法治国的辩证关系”。
Second, the system for implementing the Constitution under the guidance of Xi Jinping Thought on the Rule of Law is continuously being perfected. The Constitution is the general charter for governing the country and ensuring national security, and is the fundamental legal basis for our Party’s governance. Xi Jinping Thought on the Rule of Law upholds governing the country and exercising state power according to the Constitution, upholds and strengthens the Party’s overall leadership over constitutional work, unifies the Party’s leadership of the people in formulating and implementing the Constitution and laws with the Party’s insistence on operating within the scope of the Constitution and laws, perfects the institutional system for ensuring the comprehensive implementation of the Constitution, establishes Constitution Day and the constitutional oath system, and upholds the authority and dignity of the Constitution. In the process of guiding the practice of the Chinese Constitution in the New Era, it continuously enriches its theoretical and ideological connotations.
二是习近平法治思想指导下的宪法实施制度体系不断完善。宪法是治国安邦的总章程,是我们党治国理政的根本法律依据。习近平法治思想坚持依宪治国、依宪执政,坚持和加强党对宪法工作的全面领导,把党领导人民制度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,健全保证宪法全面实施的制度体系,建立宪法日和宪法宣誓制度,维护宪法权威和尊严,在指导新时代中国宪法实践的过程中,不断丰富理论和思想内涵。
Third, the “people-centered” connotation of Xi Jinping Thought on the Rule of Law is continuously enriched and developed in practice. The people are the creators of history and the fundamental force determining the future and destiny of the Party and the state. In the construction of the rule of law, whole-process people’s democracy is practiced, close flesh-and-blood ties with the masses are maintained, and the opinions of the people are fully heard. It is emphasized that the fundamental purpose of advancing law-based governance in all respects is to protect the rights and interests of the people in accordance with the law, from “striving to ensure that the people feel fairness and justice in every judicial case” to “striving to ensure that the people feel fairness and justice in every legal system, every law enforcement decision, and every judicial case.” The value pursuit of social fairness and justice in the rule of law runs through all links of legislation, law enforcement, judiciary, and law-abiding, embedding the embodiment of the people’s interests, the reflection of the people’s aspirations, the protection of the people’s rights and interests, and the enhancement of the people’s well-being throughout the entire process of the rule of law system.
三是习近平法治思想的“人民性”内涵在实践中不断丰富和发展。人民是历史的创造者,是决定党和国家前途命运的根本力量。在法治建设中践行全过程人民民主,密切同人民群众的血肉联系,充分听取人民群众意见。强调推进全面依法治国,根本目的是依法保障人民权益,从“努力让人民群众在每一个司法案件中感受到公平正义”,到“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”,社会公平正义这一法治价值追求贯穿到立法、执法、司法、守法的各环节,把体现人民利益、反映人民愿望、维护人民权益、增进人民福祉落实到法治体系建设全过程。
(The author is a researcher at the Research Center for Xi Jinping Thought on the Rule of Law, Chinese Academy of Social Sciences)
(作者系中国社会科学院习近平法治思想研究中心研究员)
Online editor: Tongxin
网络编辑:同心
Notes
- The “two major miracles” refer to China’s rapid economic development and long-term social stability. ↩
- The “Eleven Upholds” are the core components of Xi Jinping Thought on the Rule of Law, summarizing key principles for comprehensive law-based governance. ↩
- The “Ten Upholds” were an earlier formulation of the core principles of Xi Jinping Thought on the Rule of Law, proposed in 2018. ↩
- “Flesh-and-blood ties” (血肉联系) is a standard CPC metaphor for the inseparable bond between the Party and the masses, rooted in Maoist mass-line theory.
- “Striving to ensure that the people feel fairness and justice in every judicial case” is a well-known directive from Xi Jinping, first articulated around 2013, often cited in legal reform discourse.