马克思主义研究网Marxism Research Network

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Deeply Grasp and Advance the Construction of “Peace in the Rule of Law”

刘艳红:深入把握和推进“法治中的平安”建设

· · Research Highlights · People's Daily (9 March 2026) · 15 min read

Building a higher-level Peaceful China is a major strategic deployment made by the Party Central Committee with Comrade Xi Jinping at its core, based on the overall situation of the development of the Party and the state’s undertakings, and is an important guarantee for coordinating development and security and advancing Chinese-path modernization. During the 19th collective study session of the Political Bureau of the 20th CPC Central Committee, General Secretary Xi Jinping clearly pointed out: “Overall security is comprehensive, holistic, and systematic security; peace is peace in development, peace in motion, peace in openness, and peace in the rule of law.” [1]1 The “Fengqiao Experience” originated from a local practice in Fengqiao Town, Zhejiang Province, in the 1960s, emphasizing the resolution of contradictions at the grassroots level through mass line methods. It has been continuously updated in the New Era to focus on social governance innovation. This important thesis profoundly elucidates the theoretical connotation, contemporary characteristics, and realization path of Peaceful China construction, marking a new height in our Party’s understanding of security issues and the laws of social governance. At present, changes unseen in a century are accelerating across the world, and risk factors at home and abroad are intertwined and superimposed. We must deeply

建设更高水平的平安中国,是以习近平同志为核心的党中央立足党和国家事业发展全局作出的重大战略部署,是统筹发展和安全、推进中国式现代化的重要保障。习近平总书记在主持二十届中共中央政治局第十九次集体学习时明确指出:“总体安全是全面的、整体的、系统的安全,平安是发展中的平安、动态中的平安、开放中的平安、法治中的平安。”这一重要论断,深刻阐释了平安中国建设的理论内涵、时代特质与实现路径,标志着我们党对安全问题和社会治理规律的认识达到新的高度。当前,世界百年未有之大变局加速演进,国内外风险因素交织叠加。我们要深入学习贯彻习近平法治思想和总体国家安全观,准确把握新时代平安中国建设的方向原则、理论内涵和实践要求,建设更高水平平安中国,以法治的确定性和稳定性有效对冲风险的不确定性和复杂性,在守护自身安全的同时,对世界和平稳定作出新的重要贡献。

The Rich Connotation of “Peace in the Rule of Law”

“法治中的平安”的丰富内涵

Peace is “peace in the rule of law.” This important thesis profoundly reveals the essential connection between the rule of law and security, indicates the core path of ensuring long-term stability through the rule of law and coordinating development and security, and clarifies a key focus for building a higher-level Peaceful China.

平安是“法治中的平安”,这一重要论断深刻揭示了法治与安全的本质联系,指明了以法治保障长治久安、统筹发展和安全的核心路径,明确了建设更高水平平安中国的一个重要着力点。

“Peace in the rule of law” is first and foremost reflected in the peace of the rule of law. General Secretary Xi Jinping emphasized: “Persisting in the comprehensive rule of law is a significant advantage of the socialist system with Chinese characteristics and the national governance system.” From relying on the rule of law to restore social order in the early days of the founding of New China, to using the rule of law to safeguard economic development and social stability after reform and opening up, to incorporating the comprehensive rule of law into the Four-Pronged Comprehensive Strategy in the New Era, China’s rule-of-law construction has been consistent and continuously deepened. With the introduction and practice of the holistic approach to national security, the connotation of peace has expanded beyond the traditional scope of public security to encompass multiple fields such as the economy, politics, culture, society, and ecological civilization, forming a “grand peace” framework. By clearly defining rights and obligations, regulating the exercise of public power, providing stable expectations and authoritative dispute resolution mechanisms, the rule of law establishes fundamental rules for social operation. Deeply integrating the coordination of development and security into the process of the rule of law, planning development with rule-of-law thinking, and preventing and resolving risks and challenges can consolidate the institutional foundation for the nation’s long-term stability and security.

“法治中的平安”首先体现为法治之安。习近平总书记强调:“坚持全面依法治国,是中国特色社会主义国家制度和国家治理体系的显著优势。”从新中国成立初期依靠法治恢复社会秩序,到改革开放后运用法治保障经济发展与社会稳定,再到新时代将全面依法治国纳入“四个全面”战略布局,我国法治建设一以贯之、持续深化。随着总体国家安全观的提出与实践,平安的内涵已超越传统治安范畴,拓展至经济、政治、文化、社会、生态文明等多个领域,形成了“大平安”格局。法治通过清晰界定权利义务、规范公权力运行、提供稳定预期和权威解纷机制,为社会运行确立了根本规则。将统筹发展和安全深度融入法治进程,以法治思维谋划发展、防范化解风险挑战,能够筑牢国家长治久安的制度根基。

“Peace in the rule of law” necessarily relies on the peace of the system. Building a higher-level Peaceful China is a systematic project that must adhere to the close integration of systematic governance and law-based governance, and comprehensively advance security governance in various fields under a unified rule-of-law framework. In recent years, focusing on safeguarding national security and social stability and responding to the demands of the times, criminal legislation has been continuously improved in key areas such as production safety and financial security, effectively promoting the transformation and upgrading of the security governance model from passive post-event handling to systematic prevention and control that includes effective pre-event prevention, precise in-event management, and strict post-event punishment. On the basis of a continuously perfected legal system, the formulation and application of criminal judicial interpretations further clarify the applicable conditions and standards for strict punishment according to law and lenient punishment according to law, achieving the dialectical unity of punishing crime, preventing crime, and protecting human rights.

“法治中的平安”必然依托于体系之安。更高水平平安中国建设是一项系统工程,必须坚持系统治理和依法治理紧密结合,在统一的法治框架下统筹推进各领域安全治理。近年来,围绕维护国家安全和社会稳定,因应时代要求,刑事立法在生产安全、金融安全等重点领域持续完善,有力推动安全治理模式从事后被动处置向事前有效预防、事中精准管控、事后严正惩戒的系统性防控转型升级。在法律体系不断完备的基础上,刑事司法解释的制定与适用,进一步明晰依法从严与依法从宽的适用条件和标准,实现惩罚犯罪与预防犯罪、保障人权的辩证统一。

“Peace in the rule of law” is firmly based on the peace of order. The rule of law has the important function of stabilizing expectations. Only when social order is established on a clear and stable rule foundation can the state of peace be continuously consolidated. The formation of stable expectations first requires that the law itself possesses stability and authority. The law should not be easily changed due to individual circumstances or temporary needs, providing society with stable and reliable codes of conduct and a foundation of trust. At the same time, the exercise of public power must strictly adhere to statutory authority and procedures, ensuring that the process of administrative law enforcement and judicial adjudication is open and transparent, with uniform standards and predictable outcomes, thereby continuously accumulating and enhancing the trust and compliance of the whole society with the authority of the law. At the level of settling disputes and defining rights, the rule of law provides a standardized and authoritative core path. Through the repeated and fair application of legal rules, it subtly cultivates in the whole society a universal consensus and conscious action of “handling affairs according to law, seeking law when encountering problems, using law to solve problems, and relying on law to resolve conflicts,” laying a deep social rule foundation for the nation’s long-term stability and security.

“法治中的平安”稳固建基于秩序之安。法治具有稳预期的重要功能,社会秩序只有建立在明确、稳定的规则基础之上,平安状态才能持续巩固。稳定预期的形成,首先要求法律自身必须具备稳定性和权威性。法律不因个别情形或暂时性需求而轻易变动,为社会提供稳定可靠的行为准则与信任基础。同时,公权力的行使必须恪守法定权限和程序,确保行政执法与司法裁判的过程公开透明、标准统一、结果可预测,以此持续累积和增强全社会对法律权威的信任与遵从。在定分止争层面,法治提供规范化权威化的核心路径。通过法律规则的反复、公正适用,在全社会潜移默化培育“办事依法、遇事找法、解决问题用法、化解矛盾靠法”的普遍共识与行动自觉,为国家长治久安奠定深厚的社会规则基础。

“Peace in the rule of law” is ultimately reflected in the peace of resilience. “Peace in the rule of law” is the result of the combined effect of the rigid authority of law and the flexible cultivation of rule by virtue. The rigidity of the rule of law is manifested in drawing clear behavioral bottom lines, forming a strong deterrent through strict punishment of serious crimes that endanger national security and social order according to law, and consolidating the rule-of-law defense line for peace. However, the lasting stability of peace cannot rely solely on punishment. General Secretary Xi Jinping pointed out: “We must adhere to the combination of rule of law and rule by virtue.” This requires integrating core socialist values into the construction of a Peaceful China, specifically reflected in: deepening the rule of law popularization to enhance the whole society’s belief in the rule of law; adhering to and developing the “Fengqiao Experience”[1]1 The “Fengqiao Experience” originated from a local practice in Fengqiao Town, Zhejiang Province, in the 1960s, emphasizing the resolution of contradictions at the grassroots level through mass line methods. It has been continuously updated in the New Era to focus on social governance innovation. in the New Era, moving the gateway for resolving conflicts and disputes forward, and building a new pattern of grassroots social governance; improving systems such as leniency for those who confess and accept punishment in the judiciary, achieving a combination of punishment, education, and redemption. Through the deep integration of rule of law and rule by virtue, cultivating a rational, peaceful, upward, and virtuous social atmosphere, and shaping social resilience to resist complex risks and achieve dynamic balance—this is precisely the high-level governance realm to which “peace in the rule of law” points.

“法治中的平安”最终体现为韧性之安。“法治中的平安”是法律之刚性权威与德治之柔性教化共同作用的结果。法治的刚性体现为划定清晰的行为底线,通过依法严厉打击危害国家安全、社会秩序的严重犯罪,形成强大震慑,筑牢平安的法治防线。但是,平安的持久稳固不能仅靠惩戒。习近平总书记指出:“要坚持依法治国和以德治国相结合”。这要求在平安中国建设中融入社会主义核心价值观,具体体现在:通过深入普法增进全民法治信仰;坚持和发展新时代“枫桥经验”,推动矛盾纠纷化解端口前移,构建基层社会治理新格局;在司法中完善认罪认罚从宽等制度,实现惩治、教育与挽救相结合。通过法治与德治的深度融合,培育理性平和、向上向善的社会氛围,塑造抵御复杂风险、实现动态平衡的社会韧性,这正是“法治中的平安”所指向的高层次治理境界。

The Theoretical Contribution of “Peace in the Rule of Law”

“法治中的平安”的理论贡献

Peace is “peace in the rule of law.” This important thesis is a significant component of Xi Jinping Thought on the Rule of Law, a concrete manifestation of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era in the field of national governance, and possesses distinct contemporary value and theoretical innovation significance. Against the backdrop of the accelerated evolution of changes unseen in a century and the intertwining and overlapping of domestic and international risks and challenges, taking the holistic approach to national security as the guide, systematically introducing the principles of the rule of law into the overall layout of building a higher-level Peaceful China, this thesis systematically answers the major contemporary question of ensuring long-term stability through the rule of law and coordinating development and security in the New Era.

平安是“法治中的平安”,这一重要论断是习近平法治思想的重要内容,是习近平新时代中国特色社会主义思想在国家治理领域的一个具体体现,具有鲜明的时代价值和理论创新意义。在世界百年未有之大变局加速演进、国内外风险挑战交织叠加的背景下,以总体国家安全观为统领,将法治原则系统引入更高水平平安中国建设的整体布局,系统回答了新时代以法治保障长治久安、统筹发展和安全的重大时代课题。

Developing the theory of legalized governance of social contradictions in Marxism. “Peace in the rule of law” is essentially about using the rule of law to resolve social contradictions, prevent systemic risks, and promote the transformation of social governance from the traditional “stability maintenance” paradigm to source governance and preventive governance. At the theoretical level, this important thesis organically incorporates the governance of social contradictions into the overall vision of the modernization of national governance and the holistic approach to national security, enriching and developing the Marxist theory of legalized governance of social contradictions. At the practical level, “peace in the rule of law” requires that various risks and challenges be uniformly addressed within the framework of legal procedures, laying a solid rule foundation for the governance of China.

发展马克思主义社会矛盾治理的法治化理论。“法治中的平安”本质上是运用法治化解社会矛盾、防范系统性风险,推动社会治理从传统“维稳”范式转向源头治理与预防性治理。在理论层面,这一重要论断将社会矛盾治理有机纳入国家治理现代化和总体国家安全观的整体视野,丰富和发展了马克思主义社会矛盾治理的法治化理论。在实践层面,“法治中的平安”要求将各类风险挑战统一置于法治程序之中加以应对,为中国之治奠定坚实的规则基础。

Reshaping the value orientation of criminal justice in upholding fairness and justice. Within the framework of “peace in the rule of law,” criminal justice no longer merely targets the punishment of crime. Instead, while regulating social order, it also focuses on repairing social relations and consolidating governance consensus. Through the coordinated operation of rigid constraints and flexible guidance, it achieves the overall maintenance of social fairness and justice. At the level of institutional operation, rigid constraints are mainly reflected in the strict punishment of criminal acts that seriously endanger social security and public order according to law, clarifying legal bottom lines and defending basic order. By implementing the criminal policy of combining leniency with strictness, a balance is maintained between necessary force and reasonable limits in punishing crime. Institutional arrangements such as leniency for those who confess and accept punishment are important manifestations of introducing the concept of systematic governance into criminal justice, aiming to achieve an organic combination of the function of punishing crime and the function of educating and reforming, enhancing the credibility and social acceptability of adjudication results. While strengthening rigid constraints, the complementary flexible forces are integrated into the operation of criminal justice through channels such as rule-of-law popularization education, grassroots mediation, and judicial assistance, promoting the resolution of conflicts and disputes at the front end, reducing social antagonism, and enabling criminal justice to better play an important role in supporting the security system in building a higher-level Peaceful China.

重塑刑事司法维护公平正义的价值导向。在“法治中的平安”框架下,刑事司法不再仅仅以惩戒犯罪为目标,而是在规范社会秩序的同时注重修复社会关系、凝聚治理共识,通过刚性约束与柔性引导的协同运行,实现对社会公平正义的整体维护。在制度运行层面,刚性约束主要体现为依法严厉打击严重危害社会安全和公共秩序的犯罪行为,明确法律底线,捍卫基本秩序。通过贯彻宽严相济刑事政策,在惩治犯罪中保持必要力度与合理限度的平衡。认罪认罚从宽等制度安排,正是将系统治理理念引入刑事司法的重要体现,旨在实现惩治犯罪功能与教育感化功能的有机结合,增强裁判结果的公信力和社会可接受性。在强化刚性约束的同时,与之相辅相成的柔性力量,则通过普法教育、基层调解和司法救助等途径融入刑事司法运行,推动矛盾纠纷在前端化解,减少社会对立,使刑事司法在更高水平平安中国建设中更好发挥支撑安全体系的重要作用。

Promote a benign interaction between high-quality development and high-level security. The core of “peace in the rule of law” lies in using the continuous accumulation of the credibility of the rule of law to maintain long-term social stability and provide a reliable institutional environment for high-quality development. The credibility of the rule of law first stems from the stability and authority of the law itself. Deeper credibility, however, comes from the strict operation of public power in accordance with the law, continuously accumulating social trust by ensuring that the processes of law enforcement and judiciary are open and transparent, standards are uniform, and outcomes are predictable. The social order jointly supported by stable rules and the credibility of the rule of law is the key foundation for achieving a benign interaction between high-quality development and high-level security. In practice, it is necessary to adhere to the principle that managing development must also manage security, integrate the requirements of security and development throughout all areas of economic and social development, resolve risks in areas such as the economy, finance, and social stability through rule-of-law methods, strengthen the deterrent effect of punishing illegal and criminal activities according to law, and build institutional barriers for preventing risks at the source. This will form a governance pattern of mutual support and dynamic balance between development and security on the track of the rule of law, providing solid guarantees for sustained and healthy economic and social development.

促进高质量发展和高水平安全良性互动。“法治中的平安”的核心在于以持续积累法治公信力维护社会长期稳定,为高质量发展提供可靠的制度环境。法治公信力首先源于法律自身的稳定性与权威性。更深层的公信,则来自公权力严格依法运行,通过确保执法司法过程公开透明、标准统一、结果可预测,持续积累社会信任。由稳定规则与法治公信共同支撑的社会秩序,是实现高质量发展和高水平安全良性互动的关键基础。在实践中,要坚持管发展必须管安全,将安全发展要求贯穿经济社会发展各领域,通过法治化方式化解经济金融、社会稳定等方面的风险,强化依法惩治违法犯罪的震慑效应,筑牢风险源头防控的制度屏障,从而在法治轨道上形成发展和安全相互支撑、动态平衡的治理格局,为经济社会持续健康发展提供坚实保障。

Realize the creative transformation and innovative development of the governance wisdom of the Chinese legal system. “Peace in the rule of law” takes the combination of the rigid authority of the rule of law and the flexible moral education of rule by virtue as its basic orientation. Through the synergistic effect of normative constraints and value guidance, it cultivates a rational, peaceful, upward, and virtuous social order, embodying the creative transformation and innovative development of the excellent traditional governance wisdom of China. It deeply integrates the traditional “harmony” culture with the governance concepts of the modern state, leverages the guiding role of core socialist values, and provides a clear value coordinate for integrating excellent traditional Chinese culture into modern rule-of-law practice. From the perspective of governance practice, “peace in the rule of law” absorbs the essence of traditional people-oriented thought and “harmony” culture, transforming them into governance arrangements with institutional binding force. Whole-process people’s democracy adheres to the people’s standpoint, continuing and developing governance traditions such as “the world is for all” and “putting the people first.” The concept of coordination, coexistence, and tolerance of differences inherent in “harmony” culture is also vividly applied in forging a strong sense of community for the Chinese nation and maintaining social harmony and stability, achieving an organic integration of the governance wisdom of the Chinese legal system and the spirit of modern rule of law.

实现中华法系治理智慧的创造性转化和创新性发展。“法治中的平安”以法治的刚性权威与德治的柔性教化相结合为基本取向,通过规范约束与价值引导的协同作用,培育理性平和、向上向善的社会良序,集中体现了中华优秀传统治理智慧的创造性转化和创新性发展。将传统“和”文化与现代国家治理理念深度融合,发挥社会主义核心价值观的引领作用,为中华优秀传统文化融入现代法治实践提供了明确的价值坐标。从治理实践看,“法治中的平安”在吸收传统民本思想和“和”文化精髓的基础上,将其转化为具有制度约束力的治理安排。全过程人民民主坚持人民立场,延续并发展了“天下为公”“以民为本”等治理传统。“和”文化蕴含的协调共生、包容差异的理念,也在铸牢中华民族共同体意识、保持社会和谐稳定中得到生动运用,实现了中华法系治理智慧与现代法治精神的有机融合。

The Path to Realizing “Peace in the Rule of Law”

“法治中的平安”的实现路径

The rule of law is the fundamental guarantee for building a higher level of Peaceful China. With the deepening advancement of law-based governance in all respects, the governance-enabling effect of the rule of law on the construction of Peaceful China has become increasingly evident. An institutionalized and rule-of-law-based peace pattern has taken shape and demonstrated strong efficacy. The period of the 14th Five-Year Plan is a critical period for consolidating the foundation and making comprehensive efforts to basically realize socialist modernization. Standing at a new historical starting point, it is necessary to embed the construction of a higher level of Peaceful China more deeply into the process of comprehensively advancing law-based governance. Closely focusing on key links such as legislation, law enforcement, judiciary, and law-abiding, systematic planning and coordinated advancement are required to continuously transform institutional advantages into governance effectiveness, providing a more solid rule-of-law guarantee for achieving lasting peace and stability of the country.

法治是更高水平平安中国建设的根本保障。随着全面依法治国深入推进,法治对平安中国建设的治理赋能效应持续显现,制度化、法治化的平安格局已经形成并彰显强大效能。“十五五”时期是基本实现社会主义现代化夯实基础、全面发力的关键时期。站在新的历史起点上,必须将更高水平平安中国建设更深地嵌入全面依法治国进程中,紧扣立法、执法、司法、守法等关键环节,系统谋划、协同推进,将制度优势持续转化为治理效能,为实现国家长治久安提供更加坚实的法治保障。

Focus on risk prevention and control, and build a safety barrier through sound legislation. A complete system of legal norms is the prerequisite for the operation of “peace in the rule of law.” It is necessary to adhere to the guidance of the holistic approach to national security and advance the improvement of the legal system for national security as a foundational project. Currently, China has basically formed a legal framework covering multiple security fields. However, in terms of the alignment of legal hierarchies, institutional coherence, and legislative supply in non-traditional security fields, continuous efforts are still needed to move “from having to being good, from form to substance.” In legislative layout, the leading role of the National Security Law should be fully utilized, and special legislation in key areas such as counter-terrorism, cybersecurity, biosecurity, data security, and financial security should be coordinated and advanced. Multi-dimensional security elements such as political security, economic security, cultural security, and social security should be systematically incorporated into the rule-of-law protection system. By strengthening the enactment, amendment, abolition, interpretation, and evaluation of laws, a legal norm network with clear levels and orderly connections should be formed. In addressing new types of risks, it is necessary to keep pace with technological development, proactively study and plan around security challenges that may accompany the development of emerging fields such as artificial intelligence, the low-altitude economy, and the metaverse, accelerate the provision of systems with clear safety orientation and clear rule structures, and fill the legislative gaps in non-traditional security, ensuring that new business forms and new technologies operate on the track of the rule of law. Attention should be paid to the coordination of central and local legislation, encouraging local governments to conduct exploratory and implementation-oriented legislation that conforms to local risk characteristics under the principle of legal unity, forming a legislative synergy with upper and lower linkage and key coverage.

聚焦风险防控,以科学立法筑牢安全屏障。完备的法律规范体系是“法治中的平安”运行的前提。必须坚持以总体国家安全观为指引,把健全国家安全法律制度体系作为基础性工程加以推进。当前,我国已基本形成覆盖多个安全领域的法律框架,但在法律位阶衔接、制度融贯性以及非传统安全领域立法供给等方面,仍需在“由有到优、由形到实”上持续用力。在立法布局上,充分发挥国家安全法的统领作用,统筹推进反恐怖主义、网络安全、生物安全、数据安全、金融安全等关键领域专门立法,将政治安全、经济安全、文化安全、社会安全等多维度安全要素系统纳入法治保护体系。通过加强立改废释和立法评估,形成层次分明、衔接有序的法律规范网络。在应对新型风险方面,紧跟科技发展步伐,围绕人工智能、低空经济、元宇宙等新兴领域发展可能伴生的安全挑战,前瞻研究、主动谋划,加快推进安全导向明确、规则结构清晰的制度供给,补齐非传统安全立法短板,使新业态、新技术发展运行于法治轨道之上。注重中央立法与地方立法的协同,鼓励地方在法治统一原则下开展符合本地风险特征的探索性、实施性立法,形成上下联动、重点覆盖的立法合力。

Enhance governance effectiveness, and uphold the authority of the rule of law through strict law enforcement. To advance the implementation of “peace in the rule of law” and achieve tangible results, strict, standardized, fair, and civilized law enforcement must be placed at the core of the security rule-of-law implementation system, promoting the comprehensive implementation of national security laws in all fields and at all levels. In terms of law enforcement philosophy, a shift should be made from focusing on traditional public security areas to comprehensive law enforcement covering both traditional and non-traditional security. On the one hand, prominent illegal and criminal activities such as violent crimes, organized crime, and crimes involving public economic interests should be severely cracked down on according to law, maintaining a sustained high-pressure deterrent. On the other hand, law-based governance in non-traditional security areas such as finance, the internet, data, and ecology should be strengthened to prevent the accumulation of risks from evolving into systemic risks. In terms of law enforcement mechanisms, the principles of procedural rule of law and statutory powers and responsibilities should be adhered to. By improving law enforcement procedure norms, refining discretion standards, and perfecting the law enforcement supervision system, the credibility of the rule of law should be accumulated through the openness, standardization, and predictability of the law enforcement process. On this basis, the governance threshold for risks should be moved forward, and mechanisms such as social stability risk assessment for major decisions and safety monitoring and early warning in key areas should be improved and implemented, resolving risks in their nascent stage.

提升治理效能,以严格执法捍卫法治权威。推进“法治中的平安”落地见效,必须将严格规范公正文明执法置于安全法治实施体系的核心位置,推动国家安全法律在各领域、各层级得到全面贯彻落实。在执法理念上,从侧重传统治安领域向覆盖传统安全和非传统安全的综合执法转变。既依法严厉打击暴力犯罪、黑恶势力和涉众型经济犯罪等突出违法犯罪,持续保持高压震慑;又强化对金融、网络、数据、生态等非传统安全领域的依法治理,防止风险集聚演变成系统性风险。在执法机制上,恪守程序法治与权责法定原则,通过完善执法程序规范、细化裁量标准、健全执法监督体系,以执法过程的公开、规范、可预期来累积法治公信。在此基础上,推动风险治理关口前移,健全并落实重大决策社会稳定风险评估、重点领域安全监测预警等机制,将风险化解在萌芽状态。

Guard the bottom line of fairness, and consolidate the foundation of trust through fair judiciary. Fairness is the deepest social psychological foundation of “peace in the rule of law.” The finality function of judicial power in settling disputes, providing rights relief, and confirming rules determines its fundamental position in resolving social conflicts and preventing risk spillover. It is necessary to continuously deepen the reform of the judicial system, ensure that judicial power operates in a standardized manner on the track of the rule of law, and transform institutional security requirements into social order recognition. Adhering to the trial-centered approach, the systems and mechanisms for investigation, prosecution, adjudication, and execution to perform their respective duties, cooperate with each other, and check each other should be optimized. The rules of evidence adjudication should be strictly implemented, and litigation procedures should be improved, so that the trial of every case can withstand the test of law and history, enhancing the acceptability and social recognition of the judiciary through the fairness of judgments. Efforts should be made to solve chronic problems affecting the finality of the judiciary, such as difficulties in enforcement, ensuring that effective legal documents are implemented promptly and effectively. The legal supervision function of procuratorial organs should be strengthened, and systems such as the “Three Provisions” [2]2 The “Three Provisions” refer to the Provisions on Recording, Reporting and Accountability for Leading Officials’ Intervention in Judicial Activities and Handling of Specific Cases, the Provisions on Recording and Reporting of Internal Staff’s Intervention in Cases, and the Provisions on Recording and Reporting of Judicial Personnel’s Contact with Parties, Lawyers, and Intermediaries. These are intra-Party regulations aimed at preventing improper interference in judicial proceedings. for preventing interference in judicial activities should be strictly implemented. The entire process of the operation of judicial power should be placed under strict supervision, constructing a judicial power operation system with clear powers and responsibilities, strict procedures, and effective checks, so that the people can feel fairness and justice in every law enforcement decision and every judicial case.

守护公平底线,以公正司法夯实信任根基。公正是“法治中的平安”最深厚的社会心理基础。司法权在定分止争、权利救济和规则确认中的终局性功能,决定了其在化解社会矛盾、防范风险外溢中的基础性地位。必须持续深化司法体制改革,确保司法权在法治轨道上规范运行,把制度层面的安全要求转化为社会层面的秩序认同。坚持以审判为中心,优化侦查、检察、审判、执行各司其职、相互配合、相互制约的体制机制,严格落实证据裁判规则,完善诉讼程序,让每一起案件的审理都经得起法律和历史的检验,以裁判的公正性提升司法的可接受度与社会认同感。着力破解执行难等影响司法终局性的顽瘴痼疾,确保生效法律文书得到及时有效执行。强化检察机关法律监督职能,严格落实防止干预司法“三个规定”等制度,将司法权运行全过程置于严密监督之下,构建权责明晰、程序严密、制约有效的司法权力运行体系,让人民群众在每一个执法决定、每一宗司法案件中都感受到公平正义。

Cultivate belief in the rule of law, and nurture a culture of the rule of law through law-abiding by all citizens. Law-abiding by all citizens is the broadest and deepest social foundation of “peace in the rule of law.” The foundation of rule-of-law construction lies in the people. Efforts should be made to cultivate a social atmosphere of respecting, studying, abiding by, and applying the law. The combination of the rule of law and rule by virtue should be adhered to, and core socialist values should be integrated into rule-of-law practice. Through methods such as guiding with typical cases, inheriting fine family traditions, and building community norms, the spirit of the rule of law, the spirit of contract, and the awareness of rules should be subtly transformed into the conscious behavior of citizens. A universal, equal, convenient, and efficient modern public legal service system should be built, promoting the extension of high-quality legal service resources to the grassroots, providing support such as legal consultation, conflict mediation, and legal aid for the masses, guiding them to develop the habit of handling affairs, safeguarding rights, and resolving disputes according to law, thereby preventing and reducing social conflicts at the source. Adapting to the trend of digital development, methods of legal popularization and communication carriers should be innovated. New media platforms should be used to carry out precise and interactive legal education and publicity, enhancing the coverage and appeal of legal popularization, promoting the formation of a good social ecology where affairs are handled according to law, problems are solved by finding the law, and conflicts are resolved by using the law, so that the construction of a higher level of Peaceful China is deeply rooted in the fertile soil of a rule-of-law society.

培育法治信仰,以全民守法涵养法治风尚。全民守法是“法治中的平安”最广泛、最深厚的社会基础。法治建设的根基在于人民。要着力培育尊法学法守法用法的社会风尚,坚持法治和德治相结合,把社会主义核心价值观融入法治实践,通过典型案例引导、优良家风传承、社区规范建设等方式,使法治精神、契约精神、规则意识潜移默化成为公民的行为自觉。构建普惠均等、便捷高效的现代公共法律服务体系,推动优质法律服务资源向基层延伸,为群众提供法律咨询、矛盾调解、法律援助等支持,引导其养成依法办事、依法维权、依法化解纠纷的习惯,从源头上预防和减少社会矛盾。顺应数字化发展趋势,创新普法方式和传播载体,运用新媒体平台开展精准化、互动式法治宣传教育,提升普法的覆盖面和感染力,推动形成办事依法、遇事找法、解决问题用法、化解矛盾靠法的良好社会生态,使更高水平平安中国建设深深扎根于法治社会的沃土之中。

(The author is the Vice President of China University of Political Science and Law)

(作者为中国政法大学副校长)

Notes

  1. The “Fengqiao Experience” originated from a local practice in Fengqiao Town, Zhejiang Province, in the 1960s, emphasizing the resolution of contradictions at the grassroots level through mass line methods. It has been continuously updated in the New Era to focus on social governance innovation. ↩
  2. The “Three Provisions” refer to the Provisions on Recording, Reporting and Accountability for Leading Officials’ Intervention in Judicial Activities and Handling of Specific Cases, the Provisions on Recording and Reporting of Internal Staff’s Intervention in Cases, and the Provisions on Recording and Reporting of Judicial Personnel’s Contact with Parties, Lawyers, and Intermediaries. These are intra-Party regulations aimed at preventing improper interference in judicial proceedings. ↩