Advancing Social Fairness and Justice by Applying the Marxist View of Justice
李楠:运用马克思主义正义观推进社会公平正义
The pursuit of justice is an eternal topic of human society. Revisiting the Marxist view of justice can, in theory, effectively respond to the challenges posed by various views of justice, especially the liberal view of justice, thereby safeguarding and consolidating mainstream values; in practice, it helps resolve the various deep-seated contradictions and interest divergences that arise in the course of economic and social development. The Marxist view of justice should be linked to the new circumstances and new tasks of socialism with Chinese characteristics for a New Era, so as to construct and realize the dimension of justice in the modernization of national governance, allow the fruits of development to benefit all the people more and more fairly, and continuously enhance the people’s sense of gain, happiness, and justice.
探索正义是人类社会的永恒话题。重温马克思正义观,在理论上可以有效回应各种正义观特别是自由主义正义观的挑战,维护和巩固主流价值观,在实践上有助于解决经济社会发展过程中各种深层次矛盾和利益分歧。应将马克思正义观与新时代中国特色社会主义的新形势新任务联结起来,构建并实现国家治理现代化中的正义维度,让发展成果更多更公平地惠及全体人民,不断增强人民群众的获得感、幸福感、公正感。
Theoretical Characteristics of the Marxist View of Justice
马克思正义观的理论特质
Marx devoted his life to the great cause of pursuing fairness, justice, and human emancipation, and his thought on justice occupies an important place in his broad and profound system of thought. The Marxist view of justice is concentrated in his relentless critique of the injustice of capitalist society and his scientific presupposition of a future society. Marx held that overthrowing the capitalist system through proletarian revolution, establishing communist society, overcoming the paradox of freedom and equality, pursuing the complete emancipation of all humanity, and realizing the justice of the “association of free individuals” constitute the true justice of human society.
马克思一生致力于追求公平正义和人类解放的伟大事业,正义思想在马克思博大精深的思想体系中占有重要一席。马克思正义观集中体现在对资本主义社会非正义的无情批判和对未来社会的科学预设中。马克思认为,通过无产阶级革命来推翻资本主义制度,建立共产主义社会,克服自由和平等的悖论,追求全人类的彻底解放,实现“自由人联合体”的正义,是人类社会真正的正义。
Justice is a historically generated issue with a specific context. Marx held that justice belongs to the moral category and therefore to the realm of the superstructure; it is an “idealized and sanctified” expression of existing economic relations, and its nature and content are determined by the material foundation of a given society. At the same time, justice is a historical category; it varies with time, place, and person, possessing the characteristics of historicity, concreteness, and relativity. There is no eternal justice; justice is a concept that unifies what ought to be and what actually is. The analysis of the development of human society and issues of social justice must proceed from real people and real relations, not from imagined, abstract, isolated individuals. The practical principle of justice is that it “can never be higher than the economic structure of society and its cultural development conditioned thereby.” [1]1 Karl Marx, “Critique of the Gotha Programme” (1875). Starting from the standpoint of practice, Marx regarded practice as the essence of all human social life; on the basis of practice, the pursuit of justice becomes the action of the masses and is transformed into a material force for the revolutionary transformation of the existing world.
正义是一个有着特定语境的历史生成性问题。马克思认为,正义从属于道德范畴,因而属于上层建筑领域,是现存经济关系“观念化的神圣化的”表现,其性质和内容取决于一定社会的物质基础。同时,正义是一个历史范畴,正义因时、因地、因人而异,具有历史性、具体性、相对性的特点,没有永恒的正义,正义是应然性与实然性相统一的概念。对人类社会发展及社会正义问题的分析,必须从现实的人及现实关系出发,而不能从想象的、抽象的、孤立的个人出发。正义的实践原则为“决不能超出社会的经济结构以及由经济结构制约的社会的文化发展”。马克思从实践的观点出发,把实践看作人的全部社会生活的本质,在实践基础上,正义的追求变为群众的行动,化作对现存世界进行革命改造的物质力量。
The goal of proletarian justice is the free and comprehensive development of the human person. Marxism has always observed, analyzed, and resolved issues of justice from the political standpoint of struggling for the emancipation of all humanity, and has always adhered to the value sentiment of putting the people first. Marx set the ultimate concern of justice as the realization of the free and comprehensive development of the human person. On the philosophical level, justice is an inquiry into whether human modes of existence and social relations are true, good, and beautiful. As a value pursuit of human beings, justice can obtain a genuine value judgment only in the freedom and emancipation of humanity. The essence of justice is the true appropriation of the essence of the human person. The return of the human person to itself or to society in a manner conforming to human nature can be realized only in communist society; it is the resolution of the contradiction between human beings and nature and between human beings themselves, and the answer to the riddle of history. “The emancipation of the human person” and “the emancipation of all humanity” are both aimed at returning the world of the human person and the relations of the human person to the human person itself. The purport of emancipation lies in freeing the human person from the enslavement of nature and the alienation of society, thereby realizing social justice and the free and comprehensive development of the individual within the community.
无产阶级正义的目标是实现人的自由全面发展。马克思主义始终站在为解放全人类而斗争的政治立场上观察、分析、解决正义问题,始终坚持人民至上的价值情怀。马克思将正义的终极关怀设定为实现人的自由全面发展。从哲学层面讲,正义是对人的生存方式及社会关系是否真、善、美的追问。正义作为人的价值追求,只能在人类的自由与解放中获得真实的价值判断。正义的本质就是对人的本质的真正占有。人向自身抑或向社会合乎人性的复归,只有在共产主义社会才能实现,它是人与自然之间、人和人之间矛盾的解决,是历史之谜的解答。“人的解放”与“全人类解放”都是为了人的世界和人的关系回归于人自身。解放的旨趣在于,使人从自然的奴役和社会的异化中解脱出来,从而在共同体中实现社会正义与个人自由全面发展。
The core issue of justice is the question of social relations of production. Marx pointed out that in capitalist society, production is of an antagonistic nature: “on the one hand, a handful of Rothschilds and Vanderbilts, owners of all the means of production and means of subsistence,” and on the other hand, the vast mass of wage workers, who “possess nothing but their own labor-power.” [2]2 Karl Marx, “The Civil War in France” (1871), referring to the concentration of wealth in the hands of a few capitalist dynasties. The exploitative and exploited relations of capitalist society inevitably produce a polarization in the possession of wealth and the distribution of income between the bourgeoisie and the working class, exacerbating social contradictions and instability. Therefore, capitalist private ownership must be abolished, exploitation and classes must be eliminated, and public ownership of the means of production must be established. Marx held that the mode of distribution changes with the progress of production and social organization, and that distribution according to need is the mode of distribution capable of ensuring the free and comprehensive development of members of society. In the first phase of communist society, because the development of society’s productive forces has not yet reached the level of great abundance, and the “three major distinctions” [3]3 The “three major distinctions” refer to the differences between town and country, between industry and agriculture, and between mental and manual labor, a standard formulation in Marxist theory. still exist, only distribution according to work can be implemented. In the higher phase of communist society, when classes, the state, and the “three major distinctions” have withered away, and the springs of collective wealth flow in abundance, distribution according to need can then be implemented.
正义问题的核心是社会生产关系问题。马克思指出,在资本主义社会,生产处于一种对抗的性质,“一方面是一小撮路特希尔德们和万德比尔特们,全部生产资料和消费资料的所有者”,另一方面是广大的雇佣工人,他们“除了自己的劳动力之外一无所有”。资本主义社会剥削与被剥削的关系必然造成资产阶级和工人阶级之间财富占有和收入分配的两极分化,加剧社会矛盾与动荡。因此,必须废除资本主义私有制,消灭剥削和阶级,实现生产资料公有制。马克思认为,分配方式是随着生产和社会组织的进步而改变的,按需分配是能够保证社会成员自由全面发展的分配方式。在共产主义第一阶段,由于社会生产力发展还没有能够达到产品极大丰富的程度,“三大差别”还存在,只能实行按劳分配。在共产主义高级阶段,阶级、国家、“三大差别”消亡,集体财富的源泉喷涌而出,方可实行按需分配。
The space in which justice occurs expands horizontally from regional history to world history. Marx held that the development of human history is manifested not only in the vertical evolution of social forms based on different types of ownership, but also in the horizontal expansion from regional history to world history. Marx used the dialectics of intercourse to explain the regular picture of historical movement, arguing that intercourse is the basic condition for the universal interconnection of the world and the dissemination and accumulation of productive forces, and the basic driving force for globalization and the formation of various communities of intercourse. The development of the individual and the development of humanity are objective material interest relations; under the old division of labor, overall development was achieved at the expense of individual development. In Marx’s view, the contradiction between individual development and human development can be resolved only through the victory of the world proletarian revolution and the universal development of productive forces and intercourse. The future “state of intercourse” of world justice is that world history will inevitably move toward the union of nation-states, inevitably establish genuine universal intercourse, and inevitably destroy the “false community” and establish the true community.
正义发生的空间由地域性历史向世界历史横向拓展。马克思认为,人类历史的发展不仅表现为不同所有制基础上社会形式的纵向演进,而且表现为从地域性历史向世界历史的横向拓展。马克思以交往实践辩证法来阐释历史运动的规律性图景,认为交往是促使世界普遍联系、生产力得以传播和积累的基本条件,是全球化并形成各个交往共同体的基本动力。个人的发展同人类的发展是客观的物质利益关系,在旧式分工条件下,整体发展是以牺牲个体发展达到的。在马克思看来,解决个人发展与人类发展之间的矛盾,只有通过世界无产阶级革命的胜利和生产力与交往的普遍发展才能解决。未来世界正义的“交往状况”是,世界历史必然走向民族国家的联合,必将建立真正的普遍交往,必将摧毁“虚假的共同体”,建立真正的共同体。
The Important Implications of Applying and Developing the Marxist View of Justice in the New Era
新时代运用和发展马克思正义观的重要意涵
The Marxist view of justice is the theoretical foundation for maintaining social fairness and justice in the New Era. Facing the problem of unbalanced development in the process of modernization, the thought on fairness and justice in the New Era emphasizes the equality and sharing of development. In the context of the New Era, justice includes both the core of “getting what one deserves” and, even more, the implication of “getting what one needs.” “Getting what one deserves” more reflects the bottom-line dimension of justice. However, taking individual rights as “what one deserves” cannot escape contingency and arbitrariness; behind its procedural fairness lies substantive unfairness. “Getting what one needs” takes people’s reasonable needs as its starting point, enabling vulnerable groups to obtain redistribution of social resources to safeguard their rights to survival and development.
马克思正义观是新时代维护社会公平正义的理论基础。面对现代化进程中发展不平衡问题,新时代公平正义思想强调发展的平等性与共享性。在新时代语境下,正义既包含“得其应得”的内核,更显扬“得其需得”的意蕴。“应得”更多地体现了正义的底线之维。然而,以个体权利为“应得”无法摆脱偶然性和任意性,其程序公正的背后隐匿着实质不公。“需得”以人的合理需要为出发点,使弱势群体获得社会资源的再分配以保障生存和发展权利。
Historical positioning: an inherent requirement of socialism with Chinese characteristics. The Fifth Plenary Session of the 19th Central Committee of the CPC [4]4 The Fifth Plenary Session of the 19th Central Committee of the Communist Party of China, held in October 2020, which adopted proposals for the 14th Five-Year Plan (2021–2025) and long-range objectives for 2035. proposed achieving “more notable and substantive progress in common prosperity for all the people.” To realize this long-range goal, it is necessary to adhere to the guidance of the Marxist view of justice. General Secretary Xi Jinping pointed out that “fairness and justice are an inherent requirement of socialism with Chinese characteristics,” [5]5 Xi Jinping, speech at the Central Conference on Work Related to Political and Legal Affairs, January 2014. indicating that the Chinese Communists in the New Era have more clearly defined the value orientation and practical needs of fairness and justice. First, fairness and justice are the value appeal of comprehensively building a modern socialist country. As an inherent requirement of socialism with Chinese characteristics, fairness and justice have become an important hallmark of the Four-Pronged Comprehensive Strategy and a basic feature of the “new form of human civilization.” Comprehensively building a modern socialist country is a modernization that benefits all the people, a modernization that narrows the development gap between urban and rural areas, and a modernization that comprehensively advances the Five-Sphere Integrated Plan, all of which are permeated by the practical principle of fairness and justice. Second, fairness and justice are the core value pursuit of socialism. Fairness and justice are an important indicator for measuring the degree of social civilization and an eternal value pursuit of human society. “Justice,” as a condensation of the core socialist values at the social level, not only guides the trend of social civility but also consolidates social ideological consensus. Taking the promotion of social fairness and justice as a core value pursuit deepens the theoretical understanding of the Marxist view of justice. Third, fairness and justice are the lifeline of political and legal work. Promoting social fairness and justice cannot be separated from the strong guarantee of the rule of law. It is necessary to ensure, from an institutional perspective, that judicial organs independently and impartially exercise their adjudicative power in accordance with the law, fundamentally break away from the “rule of man” mindset, and establish the last line of defense for maintaining social fairness and justice.
历史定位:中国特色社会主义的内在要求。党的十九届五中全会提出,要使“全体人民共同富裕取得更为明显的实质性进展”。为了实现这一远景目标,必须坚持以马克思正义观为指导。习近平总书记指出,“公平正义是中国特色社会主义的内在要求”,表明新时代中国共产党人更加明确了公平正义的价值定位与现实需求。第一,公平正义是全面建设社会主义现代化国家的价值诉求。公平正义作为中国特色社会主义的内在要求,成为“四个全面”战略布局的重要标识与“人类文明新形态”的基本特征。全面建设社会主义现代化国家是惠及全体人民的现代化,是缩小城乡发展差距的现代化,是“五位一体”全面提升的现代化,贯穿着公平正义的实践准则。第二,公平正义是社会主义核心价值追求。公平正义是衡量社会文明程度的重要标志,也是人类社会永恒的价值诉求。“公正”作为社会主义核心价值观社会层面的凝练,不仅引领社会文明风尚,而且凝聚社会思想共识。把促进社会公平正义作为核心价值追求,深化了对马克思正义观的理论认识。第三,公平正义是政法工作的生命线。促进社会公平正义,离不开法治的有力保障。要从制度上保证司法机关依法独立公正地行使审判权,从根本上摆脱“人治”思维,树立起维护社会公平正义的最后一道防线。
Value orientation: taking the enhancement of people’s well-being as the starting point and ultimate goal. Clarifying the fundamental question of “whose justice” confirms the source of strength and the target direction for comprehensively building a modern socialist country. The value commitment of the Marxist view of justice lies in seeking interests and well-being for the broad masses of the people, achieving the free and comprehensive development of each individual. The process of “enhancing people’s well-being” is the process of realizing social fairness and justice; the value orientation of fairness and justice must be consciously forged into the great practice of socialism with Chinese characteristics. From “the people’s aspiration for a better life is our goal” to “the Chinese Dream is, in the final analysis, the dream of the people,” from “the people are the true heroes” to “the country is the people, and the people are the country,” these assertions embody the people-centered development thought and reflect the original aspiration and founding mission of the Communist Party of China. The Sixth Plenary Session of the 19th Central Committee of the Communist Party of China emphasized that “the whole Party must forever maintain flesh-and-blood ties with the people, practice the people-centered development thought, constantly realize, safeguard, and develop the fundamental interests of the broadest masses of the people, and unite and lead the people of all ethnic groups across the country in a continuous struggle for a better life.” Enhancing people’s well-being, as the logical main line for maintaining social fairness and justice, runs through the new development concept. Innovative development relies on scientific and technological innovation to drive rapid economic development, laying the material foundation for realizing social fairness and justice. Coordinated development is an inherent requirement for maintaining social fairness and justice. Green development provides guiding principles and a path for sustainable development for realizing ecological justice. Open development is the necessary path for national prosperity and development; China actively participates in global economic governance and the supply of public goods, expanding the practical field of justice. Shared development focuses on solving the problem of social fairness and justice, emphasizing that through effective institutional arrangements, all people can gain a greater sense of gain and fairness in joint contribution and shared benefits.
价值旨趣:以增进人民福祉为出发点和落脚点。厘清“谁之正义”的基本问题确证了全面建设社会主义现代化国家的力量源泉和目标指向。马克思正义观的价值依归在于为广大人民群众谋利益谋福祉,实现每个人的自由全面发展。“增进人民福祉”的过程就是实现社会公平正义的过程,要把公平正义的价值取向自觉熔铸在中国特色社会主义的伟大实践之中。从“人民对美好生活的向往,就是我们的奋斗目标”到“中国梦归根到底是人民的梦”,从“人民是真正的英雄”到“江山就是人民,人民就是江山”,这些论断体现了以人民为中心的发展思想,映射了中国共产党的初心使命。中国共产党第十九届中央委员会第六次全体会议强调,“全党必须永远保持同人民群众的血肉联系,践行以人民为中心的发展思想,不断实现好、维护好、发展好最广大人民根本利益,团结带领全国各族人民不断为美好生活而奋斗”。增进人民福祉作为维护社会公平正义的逻辑主线,贯穿于新发展理念中。创新发展依靠科技创新推动经济快速发展,为实现社会公平正义奠定物质基础。协调发展是维护社会公平正义的内在要求。绿色发展为实现生态正义提供了指导原则与可持续发展思路。开放发展是国家繁荣发展的必由之路,中国积极参与全球经济治理和公共产品供给,拓展了公正的实践场域。共享发展注重解决社会公平正义问题,强调通过有效的制度安排,使全体人民在共建共享中有更多的获得感和公正感。
Content system: “three equalities.” General Secretary Xi Jinping pointed out that it is necessary to “gradually establish a social fairness guarantee system with equality of rights, equality of opportunity, and equality of rules as its main content.” [6]6 The “three equalities” (equality of rights, equality of opportunity, equality of rules) were proposed by Xi Jinping in 2013 as the core content of a social fairness guarantee system, linking the starting point, process, and outcome of justice. This is a scientific social fairness guarantee system that organically links the three links of justice—“starting point—process—result.” It emphasizes both formal fairness and substantive fairness, deepening the understanding of the Marxist view that the core of the justice issue is the issue of social relations of production. Equality of rights requires equal treatment of rights; on the basis of formal equality, through the redistribution of social wealth, it focuses on guaranteeing the substantive equality of the survival and development rights of vulnerable groups, increasing people’s sense of identification with fairness and justice, and promoting the healthy development of society. Equality of opportunity requires social development to break through the limitations of class concepts, dismantle institutional “fences,” cancel unreasonable access restrictions, achieve smooth, reasonable, and orderly mobility of social members, and give each social member equal development opportunities. Equality of rules requires the establishment of fair and reasonable social operating rules, ensuring that institutions and rules are just, strict, and impartial, and resolutely resisting hidden rules and backroom deals. Equality of rules ensures equality of starting points; it is a basic proposition of a rule-of-law society and the foundation of equality of rights and equality of opportunity. At the same time, equality of opportunity and equality of rights ensure equality of process, which needs to be embodied through equality of rules. The “three equalities” completely constitute the important content of the social fairness guarantee system, will run through the great practice of socialism with Chinese characteristics for a New Era, and ultimately link individual interests, social interests, and national interests through a reasonable sharing mechanism, thereby realizing the true unity of freedom and equality, the reasonable balance between efficiency and fairness, and the organic unity of formal justice and substantive justice.
内容体系:“三个公平”。习近平总书记指出,要“逐步建立以权利公平、机会公平、规则公平为主要内容的社会公平保障体系”。这是一套科学的社会公平保障体系,把公正的三个环节“起点—过程—结果”有机衔接起来,既注重形式公平,也兼顾内容公平,深化了对马克思关于正义问题的核心是社会生产关系问题的认识。权利公平要求给予权利同等对待,在形式平等的基础上,通过社会财富的再分配,重点保障弱势群体生存权和发展权的实质平等,增加人们对公平正义的认同感,推动社会良性发展。机会公平要求社会发展突破阶层观念限制,拆除制度“篱笆”,取消不合理的准入限制,实现社会成员通畅、合理有序地流动,给每个社会成员以平等的发展机会。规则公平要求建立公平合理的社会运行规则,确保制度与规则公正严明、不偏不倚,坚决抵制潜规则与暗箱操作。规则公平确保起点公平,是法治社会的基本命题,是权利公平和机会公平的基础。同时,机会公平和权利公平确保过程公平,需要通过规则公平来体现。“三个公平”完整构成社会公平保障体系的重要内容,将贯穿于新时代中国特色社会主义的伟大实践中,最终把个人利益、社会利益、国家利益通过合理的共享机制联结起来,从而实现自由与平等的真实统一,效率与公平的合理平衡,形式公正与实质公正的有机统一。
Spatial pattern: building a community with a shared future for mankind to expand international fairness and justice. Fairness and justice are value consensuses pursued by people of all countries in the field of international relations. China adheres to the value concept of fairness, justice, cooperation, and mutual benefit, actively promotes the construction of the Belt and Road Initiative, and advocates building a community with a shared future for mankind across multiple dimensions such as politics, security, economy, culture, and ecology, significantly enhancing China’s international influence and value appeal. Politically, China pursues an independent foreign policy of peace, upholds the purposes and principles of the UN Charter, adheres to a correct view of interests, and firmly upholds international fairness and justice. In security, China breaks down the barriers of traditional security concepts, insists on achieving common, comprehensive, cooperative, and sustainable security, and creates a security pattern of fairness, justice, joint contribution, and shared benefits. Facing the global pandemic, China maintained good communication with the World Health Organization, provided anti-epidemic assistance to many countries and regions, actively shared epidemic prevention experience with relevant countries, and participated in international vaccine cooperation, demonstrating the image of a responsible major country. Economically, China continues to promote reform and opening up, advance high-quality joint construction of the Belt and Road Initiative, leverage the advantages of its super-large market and domestic demand potential, and provide important impetus for world economic development. Culturally, China emphasizes harmony in diversity and the beauty of sharing, continuously creating a new situation of inclusive coexistence and eclectic people-to-people and cultural exchanges. Ecologically, China actively participates in global climate governance, fulfills its emission reduction commitments, promotes the establishment of a fair and just global climate governance system, and makes significant contributions to global ecological justice.
空间格局:构建人类命运共同体拓展国际公平正义。公平正义是世界各国人民在国际关系领域追求的价值共识。我国坚持公平正义、合作共赢的价值理念,积极推动“一带一路”建设,在政治、安全、经济、文化、生态等多重维度上倡导构建人类命运共同体,使我国的国际影响力和价值感召力显著提升。政治上,我国奉行独立自主的和平外交政策,秉持联合国宪章的宗旨和原则,坚持正确利益观,坚定维护国际公平正义。安全上,我国打破传统安全意识的藩篱,坚持实现共同、综合、合作、可持续的安全,营造公道正义、共建共享的安全格局。面对全球疫情大流行,我国同世界卫生组织保持良性沟通,为多个国家和地区提供抗疫援助,积极同有关国家分享防疫经验并参与疫苗国际合作,展现了负责任大国形象。经济上,我国持续推进改革开放,推进高质量共建“一带一路”,发挥超大规模市场优势和内需潜力,为世界经济发展提供重要动力。文化上,我国强调和而不同,美美与共,不断开创包容共生、兼收并蓄的人文交流新局面。生态上,我国积极参与全球气候治理,履行减排承诺,推动建立公平正义的全球气候治理体系,为全球生态正义作出巨大贡献。
Important paths for applying and developing the Marxist view of justice in the New Era
新时代运用和发展马克思正义观的重要路径
Fairness and justice in socialism with Chinese characteristics for a New Era are fairness and justice based on all people equally enjoying development rights, participating in the development process, and sharing development achievements; they are fairness and justice that continuously meet the diverse, multi-level, and multi-dimensional needs of the people for a better life; they are fairness and justice that continuously promote the free and comprehensive development of individuals and common prosperity for all people. Realizing fairness and justice has the characteristics of being long-term, complex, and arduous. To maintain social fairness and justice, on the basis of promoting high-quality economic development, we must do our best within our capabilities.
新时代中国特色社会主义公平正义是基于全体人民平等地享有发展权利、参与发展进程、共享发展成果的公平正义,是不断满足人民群众多元化、多层次、多维度美好生活需求的公平正义,是不断促进人的自由全面发展和全体人民共同富裕的公平正义。实现公平正义具有长期性、复杂性和艰巨性的特点。维护社会公平正义,要在促进经济高质量发展的基础上,既尽力而为,又量力而行。
Building consensus, cultivating the concept of fairness and justice. A sense of justice is one of the most important emotional foundations for interpersonal interaction and cooperation. First, vigorously promote the concept of “justice” in the core socialist values through methods such as educational guidance, public opinion propaganda, and cultural cultivation, fostering awareness of fairness and justice. Guiding citizens to internalize the concept of justice in their hearts and externalize it in their actions requires a long-term process; impatience and fear of difficulties must be prevented, providing a favorable public opinion environment for promoting fairness and justice. Second, adhere to the principle that Party media must serve the Party, firmly grasping the leadership and discursive power over ideological work. Strengthen online supervision, respect the laws of news dissemination, innovate forms and methods of online propaganda, vigorously promote the main theme, spread positive energy, and let Party media create a fair atmosphere throughout society, leading the development of a culture of justice. Third, focus on practice and implementation. This requires people to consciously strengthen practical exercises in justice in daily life, starting from small details, and accumulate basic qualities of justice. For example, in political life, insist on the unity of rights and obligations and universal law-abiding; in economic life, emphasize fair competition and fair transactions; in cultural life, advocate openness and tolerance, and so on.
凝聚共识,培育公平正义理念。公正感是人际交往与合作最重要的情感基础之一。一是通过教育引导、舆论宣传、文化熏陶的方式大力弘扬社会主义核心价值观中的“公正”理念,培育公平正义意识。引导公民将公正观内化于心、外化于行需要一个长期的过程,要防止急于求成和畏难情绪,为促进公平正义提供良好的舆论环境。二是坚持党媒姓党,牢牢掌握意识形态工作的领导权、话语权。加强网络监管,尊重新闻传播规律,创新网络宣传形式与方法,大力弘扬主旋律,传播正能量,让党媒在全社会营造公正氛围,引领正义文化发展。三是注重在实践中笃行。这就需要人们在日常生活中,从细微处着手,自觉加强正义的实践锻炼,积淀正义的基本素养。比如,在政治生活中坚持权利与义务相统一、全民守法,在经济生活中强调平等竞争、公平交易,在文化生活中讲求开放包容等等。
Bridging gaps, promoting the realization of distributive justice. First, in primary distribution, implement the principle of “distribution according to labor as the main body, with multiple modes of distribution coexisting.” Since the 18th National Congress of the CPC, General Secretary Xi Jinping has repeatedly emphasized that “labor is the source of all happiness,” encouraging hard work and innovation to get rich, focusing on protecting labor income, and increasing the proportion of labor remuneration in primary distribution. Second, implement effective fiscal transfer payment policies. The government redistributes part of the national income through taxation and fiscal expenditure, reasonably adjusting the distribution levels among different classes and groups. Increase balanced transfer payments to impoverished areas, focusing on basic public services in areas such as basic education, medical and health care, and social assistance. Third, improve the “third distribution” conducted through public fundraising, donations, and charitable methods. Further promote the culture of public welfare and charity, encourage high-income groups and enterprises to “give back more to society” on a voluntary basis, create a strong atmosphere of humanistic care throughout society, and carry forward the fine tradition of helping the poor and the weak. At the same time, the state should improve the corresponding incentive system, guarantee system, and legislative mechanism for charitable undertakings.
弥合差距,促进分配正义实现。一是初次分配中要贯彻“按劳分配为主体、多种分配方式并存”的原则。党的十八大以来,习近平总书记反复强调“劳动是一切幸福的源泉”,鼓励勤劳创新致富,注重保护劳动所得,提高劳动报酬在初次分配中的比重。二是实施有效的财政转移支付政策。政府通过税收、财政支出对部分国民收入进行再分配,合理调整不同阶层、群体之间的分配水平。加大对贫困地区的均衡性转移支付,重点放在基础教育、医疗卫生、社会救助等民生领域的基本公共服务上。三是完善以募集、捐赠和资助等公益慈善方式进行的“第三次分配”。进一步弘扬公益慈善文化,鼓励高收入人群和企业在自愿前提下“更多回报社会”,在全社会营造浓郁的人文关怀氛围,发扬扶贫济弱的优良传统。同时,国家要完善慈善事业相应的激励体系、保障体系及立法机制。
Strictly enforce the rule of law and advance the strategy of law-based governance. Politics is the form of public life and the mode of living of human communities; the ultimate goal of ideal politics is the good, that is, justice. Since the 18th National Congress of the CPC, the Party Central Committee with Comrade Xi Jinping at its core has unswervingly followed the path of political development with Chinese characteristics and actively developed whole-process people's democracy. Further developing China’s democratic politics in terms of procedural rules is an inherent requirement of political justice. To advance political justice, we must jointly promote law-based governance, law-based exercise of state power, and law-based administration, and simultaneously build a law-based state, a law-based government, and a law-based society, so as to further consolidate the rule-of-law foundation of “China’s governance.” [7]7 “China’s governance” (中国之治) is a term used to highlight the effectiveness of China’s governance system under the CPC, often contrasted with perceived governance crises in other countries. General Secretary Xi Jinping points out, “Comprehensive law-based governance must be closely centered on ensuring and promoting social fairness and justice.” [8]8 Xi Jinping, “Speech at the Central Conference on Work Related to Comprehensive Law-Based Governance” (2020), in *Xi Jinping: The Governance of China*, vol. 4 (Beijing: Foreign Languages Press, 2022), p. 287. First, comprehensively improve the quality of legislation. Enhance the targeted nature, systematicity, and operability of legislation; the life of law lies in its implementation, and in legislation, declaratory or advocacy provisions should be avoided. Second, always adhere to strict law enforcement. Enforcement must be standardized, civilized, and fair; strictly enforce enforcement qualifications, improve enforcement procedures, and properly handle the “soft” and “hard” relationships in enforcement; also strengthen the restriction and supervision of the exercise of power to ensure the fair and effective implementation of the law.
厉行法治,推进依法治国方略。政治是人类共同体的公共生活形式和生活样态,理想的政治终极目标是善,也即正义。党的十八大以来,以习近平同志为核心的党中央坚定不移走中国特色社会主义政治发展道路,积极发展全过程人民民主。从程序规则上进一步发展我国的民主政治是政治正义的题中之义。推进政治正义,要坚持依法治国、依法执政、依法行政共同推进,坚持法治国家、法治政府、法治社会一体建设,让“中国之治”的法治基石更加巩固。习近平总书记指出,“全面依法治国,必须紧紧围绕保障和促进社会公平正义来进行”。一是全面提高立法质量。增强立法的针对性、系统性、可操作性,法律的生命在于执行,在立法中,要避免宣示性或倡导性的规定。二是始终坚持严格执法。要做到规范、文明、公正执法,严格执法资质、完善执法程序,注意处理好执法中的“软”“硬”关系,还要加强对权力运行的制约与监督,确保法律公正、有效实施。
Focus on people’s livelihood and improve the supply of public services. Ensuring and improving people’s livelihood is an inherent requirement of promoting social fairness and justice. It is necessary to “improve the public service system, guarantee the basic living needs of the masses, continuously meet the people’s growing needs for a better life, and continuously promote social fairness and justice,” [9]9 Xi Jinping, “Secure so that the people’s sense of gain and sense of justice are more substantial, more guaranteed, and more sustainable. First, advance educational equity. Strengthen government responsibility, improve the rational allocation of educational resources, increase investment in inclusive human capital, direct educational resources toward difficult areas and weak schools, and strive to guarantee the educational rights of children of migrant workers, children with disabilities, and students from financially disadvantaged families. Second, improve fair employment mechanisms. Employment is the greatest source of people’s livelihood. By strengthening the construction of laws and regulations, improving corresponding employment assistance systems, and establishing specialized employment supervision agencies to regulate labor relations, require both employers and employees to fulfill their respective responsibilities and obligations, standardize employers’ recruitment and labor employment practices, and legally protect and safeguard workers’ legitimate rights and interests. Third, achieve equalization of public service supply. The government should increase financial support and policy support for underdeveloped areas, make up for shortcomings in people’s livelihood development, and ensure that low-income groups in rural and impoverished areas have fair opportunities in health, culture, medical care, elderly care, housing, and other aspects, thereby realizing the social development goal of sharing by all and benefiting everyone.
聚焦民生,完善公共服务供给。保障和改善民生是促进社会公平正义的题中应有之义。要“完善公共服务体系,保障群众基本生活,不断满足人民日益增长的美好生活需要,不断促进社会公平正义”,使人民群众的获得感与正义感更加充实,更有保障,更可持续。一是推进教育公平。强化政府责任,完善教育资源的合理配置,加大普惠性人力资本投入,促进教育资源向困难地区和薄弱学校倾斜,着力保障农民工子女、残障儿童、家庭经济困难学生的教育权利。二是完善公平的就业机制。就业是最大的民生。通过加强法律法规建设、完善相应的就业援助制度、设立专门的就业监管机构来规范劳动关系,要求劳资双方履行各自的责任义务,规范用人单位的人员招聘、劳动用工等行为,依法保障和维护劳动者的合法权益。三是实现公共服务供给均等化。政府要加大对落后地区的资金支持与政策支持,补齐民生发展短板,确保农村地区、贫困地区的低收入群体在卫生、文化、医疗、养老、住房等方面有公平的机会,实现人人共享、普遍受益的社会发展目标。
Online editor: Paul
网络编辑:保罗
Notes
- Karl Marx, “Critique of the Gotha Programme” (1875). ↩
- Karl Marx, “The Civil War in France” (1871), referring to the concentration of wealth in the hands of a few capitalist dynasties. ↩
- The “three major distinctions” refer to the differences between town and country, between industry and agriculture, and between mental and manual labor, a standard formulation in Marxist theory. ↩
- The Fifth Plenary Session of the 19th Central Committee of the Communist Party of China, held in October 2020, which adopted proposals for the 14th Five-Year Plan (2021–2025) and long-range objectives for 2035. ↩
- Xi Jinping, speech at the Central Conference on Work Related to Political and Legal Affairs, January 2014. ↩
- The “three equalities” (equality of rights, equality of opportunity, equality of rules) were proposed by Xi Jinping in 2013 as the core content of a social fairness guarantee system, linking the starting point, process, and outcome of justice. ↩
- “China’s governance” (中国之治) is a term used to highlight the effectiveness of China’s governance system under the CPC, often contrasted with perceived governance crises in other countries. ↩
- Xi Jinping, “Speech at the Central Conference on Work Related to Comprehensive Law-Based Governance” (2020), in *Xi Jinping: The Governance of China*, vol. 4 (Beijing: Foreign Languages Press, 2022), p. 287. ↩
- Xi Jinping, “Secure ↩