切实提高政法机关服务大局的能力和水平
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Effectively Improve the Ability and Level of Political and Legal Affairs Institutions to Serve the Overall Situation

切实提高政法机关服务大局的能力和水平

A summary of the speech by the secretary of the Central Committee’s Political and Legal Commission at its January 2015 work conference on studying and implementing recent top level CCP guidance and thinking.


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Actively Adapt to New Changes in the Situation and Adhere to Taking the Rule of Law as Our Guide 

主动适应形势新变化 坚持以法治为引领

Effectively Improve the Ability and Level of Political and Legal Affairs Institutions to Serve the Overall Situation 

切实提高政法机关服务大局的能力和水平

Meng Jianzhu, Member of the Politburo of the Party Central Committee and Secretary of the Political and Legal Affairs Committee of the Party Central Committee 

中共中央政治局委员 中央政法委书记 孟建柱

The Central Political and Legal Affairs Work Conference is an important meeting approved by the Party Central Committee. Its main tasks are to: Deeply study and implement the spirit of the Eighteenth Party Congress, the 3rd and 4th Plenum of the Eighteenth Central Committee, and the Central Economic Work Conference, further the study and implementation of the spirit of General Secretary Xi Jinping’s series of important speeches, summarize the work, analyze the situation, and study and deploy political and legal affairs work for the current year. On January 18, General Secretary Xi Jinping gave important instructions on political and legal affairs work: “In 2014, the political and legal affairs fronts conscientiously implemented the Party Central Committee’s decisions and deployments, further promoted the construction of a peaceful China, a China under the rule of law, and strong teams. Various tasks, especially reforms, achieved new results. Under the new situation, the tasks of political and legal affairs institutions are heavier and the demands of the people are even higher. We hope that national political and legal affairs institutions will take the initiative to adapt to the new situation, enhance the forward-looking nature of their work, effectively prevent and control various risks, and fulfill their major responsibilities for maintaining national security and social stability. We must continue to deepen the reform of the judicial system to provide strong institutional assurances for strict law enforcement, civilized law enforcement, an impartial judiciary, and the increase of law enforcement and judicial credibility. We must insist on strict police governance, strictly observe the Party’s political and organizational discipline, resolutely oppose the private use of public equipment and judicial corruption, strive to maintain the overall stability of society, promote social fairness and justice, and ensure that the people live and work in peace and contentment. Party committees at all levels must earnestly shoulder the political responsibility of maintaining the stability of one party (一方稳定), put political and legal affairs work in the context of overall economic and social development for planning, and actively study and resolve major issues affecting political and legal affairs work. We must take the lead in handling matters according to the law, support the people’s courts and people’s procuratorates in their independent and impartial exercise of their judicial and procuratorial powers in accordance with the law, support political and legal affairs units in the performance of their work independently and in a coordinated manner in accordance with the Constitution and law, and create a good environment for political and legal affairs institutions to perform their duties in accordance with the law. We must strengthen and improve the leadership of political and legal affairs work, choose strong leadership teams for political and legal affairs institutions, continuously improve the ideological and political quality and performance capabilities of political and legal affairs teams, cultivate political and legal affairs teams that are loyal to the Party, loyal to the country, loyal to the people, and loyal to the law, and ensure that the knife is firmly in the hands of the Party and the people.” The important instructions of General Secretary Xi Jinping further pointed out the correct direction for strengthening political and legal affairs work. We must study hard and gain a thorough understanding, use General Secretary Xi Jinping’s important instructions to unify our thinking and guide our work, effectively prevent and control various risks, fulfill the major responsibilities of maintaining national security and social stability, and improve our ability and level of serving the overall situation. 

中央政法工作会议是党中央批准召开的一次重要会议,主要任务是:深入学习贯彻党的十八大和十八届三中、四中全会及中央经济工作会议精神,深入学习贯彻习近平总书记系列重要讲话精神,总结工作,分析形势,研究部署今年政法工作。1月18日,习近平总书记对政法工作作出重要指示:“2014年,政法战线认真贯彻党中央决策部署,深入推进平安中国、法治中国、过硬队伍建设,各项工作特别是改革工作取得新成效。新形势下,政法机关任务更重,人民群众要求更高。希望全国政法机关主动适应新形势,增强工作前瞻性,有效防控各类风险,履行好维护国家安全和社会安定的重大责任。要继续深化司法体制改革,为严格执法、文明执法、公正司法和提高执法司法公信力提供有力制度保障。要坚持从严治警,严守党的政治纪律和组织纪律,坚决反对公器私用、司法腐败,着力维护社会大局稳定、促进社会公平正义、保障人民安居乐业。各级党委要切实担负起维护一方稳定的政治责任,把政法工作摆到经济社会发展全局中来谋划,积极研究解决影响政法工作的重大问题。要带头依法办事,支持人民法院、人民检察院依法独立公正行使审判权、检察权,支持政法各单位依照宪法法律独立负责、协调一致开展工作,为政法机关依法履行职责创造良好环境。要加强和改善对政法工作的领导,选好配强政法机关领导班子,不断提高政法队伍思想政治素质和履职能力,培育造就一支忠于党、忠于国家、忠于人民、忠于法律的政法队伍,确保刀把子牢牢掌握在党和人民手中。”习近平总书记的重要指示,进一步指明了加强政法工作的正确方向。我们一定要认真学习、深刻领会,用习近平总书记重要指示统一思想、指导工作,有效防控各类风险,履行好维护国家安全和社会安定的重大责任,提高服务大局的能力和水平。

Since the Eighteenth Party Congress, the Party Central Committee with Comrade Xi Jinping as its General Secretary has overseen the overall situation and formulated strategies, made strategic deployments for building a well-off society in an all-round way, deepening reforms in an all-round way, the comprehensive rule of law, and the comprehensive and strict governance of the Party, and created a new situation for the development of the Party and the country. General Secretary Xi Jinping attaches great importance to political and legal affairs work. He has given many important instructions with profound and far-reaching influence, especially the important speech delivered at the Central Political and Legal Affairs Work Conference last year, has systematically and thoroughly explicated a series of directional and fundamental major issues in political and legal affairs work under the new situation, and has provided important guidelines for us to follow in order to do a good job. Over the past year, national political and legal affairs institutions earnestly implemented the decisions and deployments of the Party Central Committee, used the spirit of General Secretary Xi Jinping’s important speeches to arm the minds of cadres and police officers and direct political and legal affairs work, worked hard to perform their duties, made every effort to promote the construction of a peaceful China, a China under the rule of law, and strong teams, and made new contributions to maintaining the overall stability of society, promoting social fairness and justice, and ensuring that the people live and work in peace and contentment. First, we insisted on putting the deepening of judicial system reforms in a prominent position, organized 18 cities to carry out pilot programs of expedited procedures for criminal cases, comprehensively promote the reform of law-related petitions and community corrections, and deepened the openness of trials, prosecution, police affairs, and prison affairs to the public. We issued The Framework Opinion on Several Issues Relating to Judicial System Reform and organized seven provinces and cities to initiate four reform pilot projects including perfecting the judicial accountability system. We explored the establishment of intellectual property courts, supreme people’s court circuit courts, and people’s courts and people’s procuratorates operating across administrative jurisdictions. These efforts have won the praise of people from all walks of life. Second, we upheld strict law enforcement and impartial justice, further promoted the standardized construction of law enforcement and justice, completed and perfected systems for preventing, correcting, and holding relevant parties accountable for wrongful cases, corrected a batch of unjust, false, and erroneous cases in accordance with the law, strictly regulated commutation, parole, and temporary serving of sentences outside of prison, cleared up cases of prolonged detention without conviction in accordance with the law, and improved the handling and response mechanisms for major sensitive cases. These efforts improved the credibility of law enforcement and the judiciary. Third, we adhered to the guidance of public opinion and the combination of offense and defense, deepened special initiatives such as cracking down on organized crime, combating firearms and explosives, prohibiting drugs and pornography, and combating financial fraud and telecommunications fraud, dealt with major cases of underworld organizations, such as the cases of Liu Han and Liu Wei, in accordance with the law, innovated a three-dimensional public security prevention and control system, and used all our efforts to ensure the security of major events such as the  CICA Shanghai Summit, Nanjing Summer Youth Olympics, and Beijing APEC meetings. Throughout the year, the number of registered cases of eight types of serious violent crimes, including homicide, bombings, and robbery, decreased by 16% year-on-year, and the people’s sense of security and satisfaction further improved. Fourth, we persisted in moving the goalposts forward and implementing governance at the source, deepened the investigation and resolution of social contradictions, and actively promoted the reform of the petition work system. Fifth, we persisted in taking the initiative and striking with heavy blows, investigated and dealt with cases of crimes involving official duties such as corruption, bribery, and abuse of power in accordance with the law, organized and carried out special initiatives for the overseas recovery of stolen goods and escaped fugitives, and promoted the construction of Party style and clean government and the fight against corruption. Sixth, we upheld the team-building as the foundation, carried out in-depth special education activities on “enhancing Party spirit, strictly observing discipline, and conducting clean governance”, investigated and dealt with a number of cases of cadres and police officers who violated law and discipline, and improved the overall image and combat effectiveness of political and legal affairs teams. These achievements are the result of the correct leadership of the Party Central Committee and the State Council, the result of the strong support of the broad masses of the people, and the result of the united efforts of more than 3 million political and legal affairs cadres and police officers across the country. 

党的十八大以来,以习近平同志为总书记的党中央总揽全局、运筹帷幄,作出了全面建成小康社会、全面深化改革、全面依法治国、全面从严治党的战略部署,开创了党和国家事业发展新局面。习近平总书记对政法工作高度重视,作出了许多具有深远影响的重要指示,特别是去年在中央政法工作会议上发表的重要讲话,系统、透彻阐明了新形势下政法工作一系列带有方向性、根本性的重大问题,为我们做好工作提供了重要遵循。一年来,全国政法机关认真贯彻党中央决策部署,用习近平总书记重要讲话精神武装干警头脑、统领政法工作,尽职尽责、真抓实干,全力推进平安中国、法治中国、过硬队伍建设,为维护社会大局稳定、促进社会公平正义、保障人民安居乐业作出了新贡献。一是坚持把深化司法体制改革摆在重要位置来抓,组织18个城市开展刑事案件速裁程序试点,全面推进涉法涉诉信访改革和社区矫正工作,深化审判公开、检务公开、警务公开、狱务公开;下发《关于司法体制改革若干问题的框架意见》,组织7个省市启动完善司法责任制等4项改革试点;探索设立知识产权法院、最高人民法院巡回法庭和跨行政区划的人民法院、人民检察院,赢得社会各界好评。二是坚持严格执法、公正司法,深入推进执法司法规范化建设,健全落实错案防止、纠正和责任追究制度,依法纠正一批冤假错案,严格规范减刑假释暂予监外执行工作,依法清理久押不决案件,完善重大敏感案事件处理应对机制,提高了执法司法公信力。三是坚持民意引领、打防结合,深化打黑除恶、缉枪治爆、禁毒扫黄、打击金融诈骗和电信诈骗等专项行动,依法处理刘汉刘维黑社会性质组织等重大案件,创新立体化社会治安防控体系,全力做好上海亚信峰会、南京青奥会、北京APEC会议等重大活动安保工作。全年,杀人、爆炸、抢劫等8类严重暴力犯罪案件立案数同比下降16%,人民群众安全感和满意度进一步提高。四是坚持关口前移、源头治理,深入排查化解社会矛盾,积极推进信访工作制度改革。五是坚持主动作为、重拳出击,依法查处贪污贿赂、滥用职权等职务犯罪案件,组织开展境外追赃追逃专项行动,促进了党风廉政建设和反腐败斗争。六是坚持以队伍建设为根本,深入开展“增强党性、严守纪律、廉洁从政”专题教育活动,查处了一批干警违法违纪案件,提升了政法队伍的整体形象和战斗力。这些成绩的取得,是党中央、国务院正确领导的结果,是广大人民群众大力支持的结果,是全国300多万政法干警团结奋战的结果。

I. Correctly understand and grasp the new changes in the situation and do a good job in political and legal affairs work in keeping with the times

一、正确认识和把握形势新变化,与时俱进做好政法工作

Scientifically understanding the current situation and accurately studying and judging future trends are the basic prerequisites for doing a good job in political and legal affairs work. 

科学认识当前形势,准确研判未来走势,是做好政法工作的基本前提。

In view of the new characteristics of the international situation, various factors such as global politics, economics, and geography are intertwined. China’s participation in international affairs has continued to deepen, and the world’s influence on China is also increasing. We must pay close attention to the development and changes in the international situation, be adept at discovering potential risks in interconnections, be adept at gaining insight into hidden dangers from problematic signs and tendencies, and continuously enhance the predictability of work. 

从国际形势新特征看,世界政治、经济、地缘等各种因素相互交织,我国对国际事务的参与不断加深,世界对我国的影响也在加大。我们要密切关注国际形势发展变化,善于从相互联系中发现潜在风险,善于从苗头性、倾向性问题中洞察隐患,不断增强工作预见性。

In view of the new normal of economic development, the Chinese economy is shifting from high-speed growth to moderately-high-speed growth and development has moved from the lower-end level to the higher-end level. This is conducive to alleviating the contradictions and problems accumulated during high-speed growth, but it will also bring new contradictions and problems. We must be adept at grasping the trends and characteristics produced and developed by various contradictions and problems, establish innovative work ideas and methods, and effectively respond to risks and challenges in the field of social stability. 

从经济发展新常态看,我国经济正从高速增长转向中高速增长,发展从中低端水平迈向中高端水平,有利于缓和高速增长累积的矛盾和问题,也会带来新的矛盾和问题。我们要善于把握各类矛盾和问题产生发展的趋势特点,创新工作思路、方法,有效应对社会稳定领域出现的风险和挑战。

In view of the new trends in social development, along with the development of new industrialization, informatization, urbanization, and agricultural modernization, profound adjustments in interests and relations, increased social openness and mobility, and the rapid development of social self-organization have brought new issues to social governance. We must not only be able to make good use of the convenience brought about by these new changes, but also closely track the new problems that they give rise to and manage the various risks. 

从社会发展新趋势看,随着新型工业化、信息化、城镇化、农业现代化的发展,利益关系深刻调整,社会开放性、流动性增强,社会自组织发展很快,给社会治理带来新课题。我们既要善于利用这些新变化带来的便利,又要密切跟踪所带来的新问题,管控好各类风险。

In view of the new requirements for governing the country by law, the Fourth Plenum of the Eighteenth Central Committee outlined a grand blueprint for comprehensively advancing the governance of the country by law. It proposed that equality is the basic attribute of socialist law, justice is the lifeline of the rule of law, and the rule of law focuses on regulating and restricting power, among other new viewpoints and requirements. We must internalize the ideas of governing power according to law and eliminating privileges and practice them externally so as to maintain social fairness and justice. 

从依法治国新要求看,党的十八届四中全会描绘了全面推进依法治国的宏伟蓝图,提出了平等是社会主义法律的基本属性,公正是法治的生命线,法治重在规范和约束权力等新观点新要求。我们要把依法治权、消除特权的思想内化于心、外践于行,维护社会公平正义。

In view of the new expectations of the people, building a well-off society in an all-round way and realizing the great rejuvenation of the Chinese nation presents a bright future and the people have higher expectations for a better life. The people’s yearning for security and justice is the goal of our struggle. We must insist on safeguarding the fundamental interests of the people as the starting point and ending point of our political and legal affairs work, be adept at drawing wisdom from the people, find ways to solve problems, and deeply root political and legal affairs work among the people. 

从人民群众新期待看,全面建成小康社会、实现中华民族伟大复兴呈现光明前景,人民群众对过上美好生活有更高期盼。人民群众对安全和公正的向往就是我们的奋斗目标。我们要坚持把维护人民群众的根本利益作为政法工作的出发点和落脚点,善于从人民群众中汲取智慧,找到解决问题的办法,把政法工作深深扎根于人民群众之中。

In view of the new situation of political and legal affairs teams, there are many young cadres and police officers with high levels of education, broad outlooks, and active thinking. We must grasp the new situation and changes of teams, both impose strict requirements and offer friendly care, maximize the enthusiasm of the cadres and police officers to perform their duties, and stimulate the vitality of the teams. 

从政法队伍新情况看,年轻干警多、学历高,视野开阔,思想活跃。我们要把握队伍的新情况、新变化,既严格要求,又关心关爱,最大限度地调动干警履职尽责的积极性,激发队伍活力。

These new changes reflect the trends and characteristics of political and legal affairs work in the new period. We must pay attention to research and mastery, promote corresponding changes in work concepts, mechanisms, and methods, and enhance the foresight and initiative in our work. First, promote the transition to being adept at using rule of law thinking and methods. We must give full play to our political advantages and continue to adhere to successful experience such as combining professionals and the masses. At the same time, we must be adept at using rule of law thinking and methods to consider problems and promote the work. The reform of the judicial system must respect judicial law and increase its scientific nature. To maintain social stability, we must use legal facts to distinguish right from wrong, use rights and obligations to judge right and wrong, and prevent and resolve social contradictions on the track of the rule of law. Law enforcement and judicial work should better satisfy the requirements of constraining public power and protecting human rights and realize the unification of legal and social effects. Team-building should pay more attention to the use of institutions to manage personnel, matters, and powers and improve the level of scientification and institutionalization. Second, promote the transition to both order and vitality. The maintenance of social stability cannot rely solely on suppression, management, and control. Instead, we must attach importance to persuasion and resolution and effectively treat both symptoms and root causes with both strictness and softness. We must pay more attention to the integration of stability maintenance and rights protection and address the legitimate and reasonable interests and demands of the people. We must pay more attention to the use of legal means to regulate social relations and provide equal protection to the legitimate rights and interests of various market entities. We must pay more attention to comprehensive policies, be adept at using legal norms, psychological guidance, and public opinion guidance, and promote social harmony and stability. We must pay more attention to the participation of all parties in society under the leadership of Party committees and the government and form a system of social governance led by the Party and government and with the participation of the society in governance. Third, We must promote a shift of focus to the solving of deep-seated problems. Many of the contradictions and problems we currently face are hard nuts to crack and need to be resolved through reform and innovation. We must pay more attention to discovering general and trending problems in front-end governance from within the end-stage of handling issues, promote the improvement of relevant institutions and systems. and prevent and reduce the occurrence of problems that affect social harmony and stability at the source. We must pay more attention to the construction and innovation of basic institutions, consolidate the foundation of political and legal affairs work, and improve capabilities for the prevention and control of various risks. Fourth, promote the transition to being adept at using informatization techniques. Under the conditions of social informatization, the people’s ways of thinking and behavior have undergone profound changes. We must be adept at using modern scientific and technological techniques and improve our capabilities of using intelligence as a guide, generating accurate early warnings, conducting active prevention and control, and launching precision strikes. We must pay more attention to the in-depth integration of informatization with law enforcement and case handling and use informatization to standardize law enforcement and judicial actions, strengthen internal and external supervision, and improve the quality and efficiency of law enforcement and case handling. We must pay more attention to the need for scientific and technological policing and promote the transition of political and legal affairs teams to connotative development. Fifth, promote the transition to greater openness. Political and legal affairs work is confidential. At the same time, it must adapt to the requirements of societal openness, continuously strengthen communication with society, and win the understanding and support of the whole society for political and legal affairs work. We must pay more attention to respecting the dominant position of the people, solve practical problems that the people are concerned about, broaden the channels for the participation and supervision of the people, and lay a solid foundation for the masses in political and legal affairs work. We must pay more attention to solving the problems faced by political and legal affairs work with the help of external brains and external forces. We must pay more attention to deepening law enforcement and judicial openness and promote justice and build public trust through openness. We must pay more attention to the advantages of using new media, continuously improve social communication skills, and create a good public opinion ecosystem for political and legal affairs work. 

这些新变化,反映了新时期政法工作的趋势特点。我们要注意研究把握,推动工作理念、机制、方法作相应转变,增强工作前瞻性、主动性。一是推动向善于运用法治思维和法治方式转变。我们要发挥好政治优势,继续坚持专群结合等成功经验,同时要善于运用法治思维和法治方式思考问题、推动工作。司法体制改革要更多地尊重司法规律,增强科学性。维护社会稳定要更多地用法律事实分清是非,用权利义务思维判断对错,在法治轨道上防范化解社会矛盾。执法司法工作要更好地符合制约公权、保障人权的要求,实现法律效果与社会效果相统一。队伍建设要更加注重用制度管人管事管权,提高科学化、制度化水平。二是推动向既有秩序又有活力转变。维护社会稳定不能单纯依靠打压管控,而要重视疏导化解,切实做到标本兼治、刚柔相济。要更加注重维稳与维权相统一,解决好人民群众合法合理的利益诉求。更加注重运用法律手段调节社会关系,平等保护各类市场主体合法权益。更加注重综合施策,善于运用法律规范、心理疏导、舆论引导等手段,促进社会和谐安定。更加注重党委和政府主导下社会各方参与,形成党政主导、社会共治的社会治理体制。三是推动向着力解决深层次问题转变。目前面临的很多矛盾和问题,都是难啃的硬骨头,需要通过改革创新加以解决。要更加注重从末端处理中发现前端治理带有普遍性、趋势性的问题,推动完善有关制度体制,从源头上预防减少影响社会和谐安定的问题发生。更加注重基础性制度建设和创新,夯实政法工作根基,提高防控各类风险的能力。四是推动向善于运用信息化手段转变。社会信息化条件下,人们的思维方式、行为方式都发生深刻变化。要善于运用现代科技手段,提高情报主导、准确预警、主动防控、精确打击能力。更加注重信息化与执法办案深度融合,通过信息化规范执法司法行为、加强内外监督、提高执法办案质量和效率。更加注重向科技要警力,推动政法队伍向内涵式发展转变。五是推动向更加开放转变。政法工作具有保密性,同时必须适应社会开放性要求,不断加强同社会沟通,赢得全社会对政法工作的理解支持。更加注重尊重人民主体地位,解决人民群众关心的实际问题,拓宽人民群众参与、监督渠道,打牢政法工作群众基础。更加注重借助外脑、外力,解决政法工作面临的难题。更加注重深化执法司法公开,以公开促公正、树公信。更加注重运用新媒体的优势,不断提升社会沟通能力,为政法工作营造良好舆论生态环境。

2015 is a critical year for comprehensively deepening reforms and the first year for comprehensively advancing the rule of law. It is of great significance that we do a good job in political and legal affairs. National political and legal institutions must thoroughly study and implement the spirit of the Eighteenth Party Congress, the 3rd and 4th Plenums of the Eighteenth Central Committee, and the Central Economic Work Conference, and further study and implement the spirit of General Secretary Xi Jinping’s series of important speeches. In accordance with the requirements of building a well-off society in an all-round way, deepening reforms in an all-round way, the comprehensive rule of law, and the comprehensive and strict governance of the Party, we must actively adapt to new changes in the situation, adhere to the rule of law as our guide, further promote the reform of the judicial system, further promote the building of a peaceful China, a China under the rule of law, and strong teams, effectively enhance the foresight and initiative in our work, improve the capacity and level of law enforcement and judicial work, effectively prevent and control various risks, and faithfully fulfill the duties and missions of maintaining the overall stability of society, promoting social fairness and justice, and ensuring that the people live and work in peace and contentment. We must create a secure and stable social environment, a fair and just legal environment, and a high-quality and efficient service environment for the building of a well-off society in an all-round way. 

2015年是全面深化改革的关键之年,是全面推进依法治国的开局之年,做好政法工作意义重大。全国政法机关要深入学习贯彻党的十八大和十八届三中、四中全会及中央经济工作会议精神,深入学习贯彻习近平总书记系列重要讲话精神,按照全面建成小康社会、全面深化改革、全面依法治国、全面从严治党的要求,主动适应形势新变化,坚持以法治为引领,深化司法体制改革,深入推进平安中国、法治中国、过硬队伍建设,切实增强工作前瞻性、主动性,提高执法司法工作能力和水平,有效防控各类风险,忠实履行好维护社会大局稳定、促进社会公平正义、保障人民安居乐业的职责使命,为全面建成小康社会创造安全稳定的社会环境、公平正义的法治环境、优质高效的服务环境。

II. Uphold governance according to law and comprehensive policy implementation and improve the capacity and level of national security and social stability maintenance

二、坚持依法治理、综合施策,提升维护国家安全和社会稳定的能力和水平

Attaching a high level of importance to the maintenance of national security and social stability is an important experience of our Party in governing the country. It is a major event related to the life and death of the Party and the country and the overall development of the cause of socialism with Chinese characteristics. We must adhere to bottom line thinking and problem orientation, establish an overall national security outlook, pay more attention to governance according to law, give full play to the advantages of the socialist system, and better shoulder the responsibility of safeguarding national security and social stability. 

高度重视维护国家安全和社会稳定,是我们党治国理政一条重要经验,是关系党和国家生死存亡、中国特色社会主义事业发展全局的大事。我们要坚持底线思维、问题导向,树立总体国家安全观,更加注重依法治理,发挥社会主义制度优势,更好地肩负起维护国家安全和社会稳定的责任。

(i) Do not relax our grip in the fight against terrorism to ensure the long-term peace and stability of the country. Currently, the level of global terrorist activities is significantly increasing. Under the unified leadership of the Party committee and the government, the relevant departments in all regions must strengthen coordination and cooperation, and deepen special initiatives against violence and terrorism. 

(一)毫不放松地抓好反恐怖斗争,确保国家长治久安。当前,全球恐怖活动明显升温。各地区各有关部门要在党委和政府统一领导下,加强协调配合,深化严打暴恐活动专项行动。

(ii) Adhere to the combination of end-stage treatment and front-end governance to effectively raise the level of prevention and resolution of social contradictions. All localities must work with relevant departments to investigate factors of instability and uncertainty and ensure that they are aware of all kinds of contradictions. For contradictions found during investigation, we must take responsibility for prevention and resolution one by one, be adept at using consultative democracy and the rule of law, improve mediation, arbitration, administrative adjudication and reconsideration, litigation, and other diversified dispute resolution mechanisms featuring organic connections and mutual coordination, and improve the effectiveness of prevention and resolution. 

(二)坚持末端处理与前端治理相结合,有效提升预防化解社会矛盾的水平。各地要会同有关部门,对不稳定不确定因素进行排查,确保对各类矛盾心中有数。对排查出来的矛盾,要逐一落实防范化解责任,善于运用协商民主和法治方式,完善调解、仲裁、行政裁决和复议、诉讼等有机衔接、相互协调的多元化纠纷解决机制,提高防范化解实效。

With respect to social contradictions, we must not only do a good job in dealing with issues at the end-stage, but also deeply analyze the root causes and intensify efforts to implement governance at the source. In response to contradictions such as wages and benefits caused by the increasing downward pressure of the economy, we must remind relevant companies to resolve problems of vital interest to their employees. In response to the social stability risks that may arise in the process of adjusting the industrial structure, resolving excess capacity, solving local government debt, and promoting reforms in the financial sector, we must recommend relevant regions and departments to do a good job in assessing the social stability risks of major reforms and prevent the formation of industrial and regional social risks. In view of the contradictions in the fields of land acquisition, demolition, and environmental protection, we must recommend that relevant regions and departments balance economic development with improving people’s livelihoods and protecting the environment, and protect the legitimate rights and interests of the people in accordance with the law. 

对社会矛盾,既要抓好末端处理,更要深入分析其产生根源,加大源头治理力度。针对经济下行压力加大引发的工资福利待遇等矛盾,要提醒有关企业解决好职工切身利益问题。针对调整产业结构、化解过剩产能、解决地方政府性债务、推进金融领域改革等过程中可能产生的社会稳定风险,建议有关地区、部门做好重大改革社会稳定风险评估工作,防止形成行业性、区域性社会风险。针对征地拆迁、环境保护等领域的矛盾,建议有关地区、部门找准经济发展与改善民生、保护环境的平衡点,依法保障群众合法权益。

Currently, the total number of petitions has fallen and the orderliness of petitions has begun to improve. In the next step, we must further promote the reform of the petition work system, organize and carry out this year’s activities for the construction of the rule of law in petitions, and continue to focus on raising the level of solving the reasonable demands of the masses and safeguarding the legitimate rights and interests of the masses. We must speed up the comprehensive operation of the new platform for online petition information, improve the quality of online complaint handling, and gradually make online petitions the main channel for petitions. We must earnestly implement the petition regulations, further advance step-by-step visits in accordance with the law, strive to properly handle petition matters where and when they arise in accordance with the law, and increase the rate at which matters are handled at the first petition. We must accelerate the establishment of the rule of law for petitions, earnestly implement policy documents for the reform of petitions involving law and litigation, and promote the resolution of problems raised in petitions in a fair manner and in accordance with the law. 

当前,信访总量下降,信访秩序开始好转。下一步,我们要深入推进信访工作制度改革,组织开展信访法治建设年活动,继续着力提升解决群众合理诉求、维护群众合法权益的水平。加快网上信访信息新平台的综合运用,提高网上投诉办理质量,逐步把网上信访打造成信访主渠道。认真落实信访条例,深入推进依法逐级走访,努力在第一时间、第一地点依法妥善处理信访事项,提高初信初访办结率。加快信访法治建设,认真落实好涉法涉诉信访改革的政策文件,促使信访问题得到依法公正解决。

(iii) Accelerate the innovation of a three-dimensional public security prevention and control system to effectively maintain public security. Public security has the closest relationship with the security of people’s lives and property. It is a barometer of the people’s sense of security and a weather vane of social stability. Today’s world gives rise to social risks. China is still in the primary stage of socialism and, even in megacities with relatively good infrastructure conditions, there are many hidden security hazards. Moreover, our level of routine security management is not high, and the social management and emergency response mechanisms are not sound. Slight negligence may lead to major safety accidents. In the face of the severe public security situation, we need to increase our Facing the severe public safety situation, we need to increase our awareness of danger, strengthen bottom line thinking, remember that “hidden dangers are more dangerous than a fire out in the open, prevention is better than disaster relief, and responsibility is heavier than Mount Tai,” and refuse to tolerate the slightest carelessness. We must always put the safety of the people in the first place, work with a strong sense of professionalism and sense of responsibility, and have the courage to take responsibility and fulfill our duties. We must continue to study new situations and new problems, continuously improve the rolling investigation, risk assessment, monitoring, and early warning mechanisms for various hidden security hazards, ensure that all kinds of risks affecting public security in local regions are well known, formulate a more pragmatic and efficient response plan, and truly form normalized security supervision mechanisms. For various large-scale mass activities, we must strictly implement safety precautions.
Spontaneous gatherings of the masses must also be included in the scope of research, judgment, and evaluation, and security measures should be formulated in advance to ensure absolute security. To strengthen fire control and traffic management, we must strictly supervise the security of hazardous materials to prevent major public safety accidents. 

(三)加快创新立体化社会治安防控体系,切实维护公共安全。公共安全与人民群众生命财产安全关系最密切,是人民群众安全感的晴雨表,是社会稳定的风向标。当今世界是风险社会,我国仍处于社会主义初级阶段,即使是硬件条件比较好的特大城市,各类安全隐患也大量存在,而且我们的日常安全管理水平还不高,社会管控、应急处置机制还不健全,稍有疏忽就可能发生重大安全事故。面对严峻的公共安全形势,我们要增强忧患意识,强化底线思维,牢记“隐患险于明火、防范胜于救灾、责任重于泰山”,容不得半点粗枝大叶、大而化之。要始终把人民群众安危放在第一位,以强烈的事业心、责任感,勇于担当、尽职尽责。要不断研究新情况、新问题,不断完善对各类安全隐患的滚动排查、风险评估、监测预警机制,确保对本地区影响公共安全的各类风险做到心中有数,并制定更加务实、高效的应对预案,真正形成常态化的安全监管机制。对各类大型群众性活动,要严格落实安全防范措施;对群众自发形成的聚集活动,也要纳入研判评估范围,提前制定安全保障措施,确保绝对安全。要加强消防、交通管理,严格危险物品安全监管,严防发生重大公共安全事故。

Currently, China is still in a period of high incidence of criminal offenses. We must insist on proceeding from reality in everything, focus on cracking down on any crimes that stand out and focus on rectification wherever there is public security disorder, and effectively enhance the targetedness and proactivity of crackdown and rectification. We must strengthen research on the patterns of crime, innovate methods to fight crime, pay more attention to scientific and technological support and overall linkage, and effectively enhance the scientificity and effectiveness of cracking down and rectification. In response to stubborn maladies such as illegal gun trafficking, robbery, fraud, pornography, gambling, and drugs, we must establish normalized crackdown and rectification mechanisms and strike problems right when they show their heads to nip them in the bud. For economic crimes involving the masses such as illegal fund-raising, financial fraud, pyramid schemes, we must work with relevant departments to carry out special crackdowns and rectifications, strengthen risk early warning, strengthen publicity and education, and improve public identification and prevention capabilities, while protecting legal private lending and corporate financing activities in accordance with the law at the same time. In response to new types of crimes such as endangering food and drug safety, environmental pollution, telecommunications fraud, and transnational and cross-border crimes, we must study their patterns and characteristics, strengthen departmental cooperation, regional cooperation, and international cooperation, closely link administrative law enforcement and criminal justice as well as end-stage investigation and control and front-end management, and work to enhance the effectiveness of crime fighting and rectification. 

当前,我国仍处于刑事犯罪高发期。我们要坚持一切从实际出发,什么犯罪突出就重点打击什么、哪里治安混乱就重点整治哪里,切实增强打击整治的针对性、主动性。要加强对犯罪规律的研究,创新打击方式,更加注重科技支撑、整体联动,切实增强打击整治的科学性、有效性。针对黑拐枪、盗抢骗、黄赌毒等顽症,要建立常态化打击整治机制,打早打小、露头就打。针对非法集资、金融诈骗、传销等涉众型经济犯罪,要会同有关部门开展专项打击整治,强化风险预警,加强宣传教育,提高公众识别和防范能力,同时依法保护合法民间借贷和企业融资行为。针对危害食品药品安全、环境污染、电信诈骗、跨国跨境等新型犯罪,要研究其规律特点,加强部门合作、区域合作、国际合作,把行政执法和刑事司法、末端查控和前端管理紧密结合起来,着力增强打击整治的效果。

The Wuhan Conference held in 2014 laid out comprehensive deployments on the innovative and three-dimensional public security prevention and control system. The General Office of the Central Committee and the General Office of the State Council issued the Opinion Regarding Strengthening the Construction of a Societal Security Prevention and Control System. Its key points must be grasped and put into practice. All localities should improve their security construction leadership, departmental responsibility systems, and objective management responsibility systems, promote the effective operation of a three-dimensional public security prevention and control system, and improve their capacity to manage the public security situation under the conditions of dynamism and informatization. In the construction process, we must pay attention to systemicity and integrity, solve the problems of fragmentation and power dispersion, and ensure the formation of joint forces. We must pay attention to synergy and effectiveness. Through the improvement of intelligence early warning, actual combat command, departmental linkage, and regional cooperation mechanisms, we must strive to achieve dynamic prevention and control for society and the normalization of departmental and regional cooperation, and maximize total and individual unit combat effectiveness. We must pay attention to the foundation and source, By strengthening the construction of basic institutions and platforms, we must ensure that the three-dimensional public security prevention and control system plays a greater role. 

2014年召开的武汉会议对创新立体化社会治安防控体系作了全面部署,中办、国办下发了《关于加强社会治安防控体系建设的意见》,关键要抓好落实。各地要健全平安建设领导、部门责任制和目标管理责任制,推动立体化社会治安防控体系的有效运转,提高动态化、信息化条件下驾驭社会治安局势的能力。建设过程中,要注重系统性、整体性,解决条块分割、力量分散等问题,确保形成合力。注重协同性、实效性,通过健全情报预警、实战指挥、部门联动、区域协作机制,努力实现社会面防控动态化、部门区域合作常态化,最大限度提升整体和单元作战效能。注重基础性、源头性,通过加强基础性制度、平台建设,确保立体化社会治安防控体系发挥更大作用。

III. Deepen the reform of the judicial system and accelerate the construction of a fair, efficient, and authoritative socialist judicial system 

三、深入推进司法体制改革,加快建设公正高效权威的社会主义司法制度

Comprehensively advancing the rule of law is a broad and profound revolution in the field of national governance, and the reform of the judicial system is the “highlight” of this revolution. First, we must earnestly strengthen ideological and political work. The reform of the judicial system involves the vital interests of the broad majority of judicial personnel. We must clarify the significance, speak the truth clearly, take relevant interests into account, fully mobilize the enthusiasm of judicial personnel, and maximize the cohesion of positive energy to promote reform. Leading cadres must dare to take responsibility and forge ahead. They must be grounded and proceeding from reality, but must also have ideals. They must give full consideration to the long-term development of political and legal undertakings and make substantive progress in resolving deep-seated systemic issues. Second, we must adhere to the path of reform that features Chinese socialist characteristics and conforms to judicial laws. The deepening of the reform of the judicial system must be carried out under the unified leadership of the Party, proceed from the basic national conditions, better respect judicial laws, and strive to create a higher level of socialist judicial civilization. Third, we must establish an overall outlook on reform. We must persist in proceeding from the overall development of the Party and the country, plan and put forward reform measures, dare to move our own “cheese” (奶酪, work for our own interests), and have a mindset for self-innovation. For pilot units, higher-level institutions must strengthen guidance, encourage and support pilot units to actively explore in line with the direction, goals, and principles of judicial system reform proposed by the central government, and stimulate the vitality of grassroots creativity. Fourth, we must coordinate and advance the reform of the judicial system. We must thoroughly study the relevance of various reforms, proceed in phases and steps in accordance with the principles of easy at first but difficult later, overall planning, and orderly and according to law. When there is a consensus and the conditions are met, we can move quickly and achieve early results. When we do not yet have the conditions for comprehensive implementation, we can conduct pilot projects first to discover the rules and accumulate experience. In complex and difficult situations, we can conduct in-depth research and demonstration. We must strengthen communication and linkage with legislative institutions, promptly make legislative proposals, require legislative institution authorizations to follow legal procedures, and ensure that the reform of the judicial system is based on the law. 

全面推进依法治国是国家治理领域一场广泛而深刻的革命,司法体制改革是这场革命的“重头戏”。我们一要切实加强思想政治工作。司法体制改革涉及广大司法人员的切身利益,要讲明意义、说清道理、兼顾利益,充分调动他们的积极性,最大限度地凝聚起推进改革的正能量。领导干部要敢于担当、勇于进取,既要接地气,从实际出发推进改革,又要有理想,充分考虑政法事业的长远发展,在解决深层次体制性问题上取得实质性进展。二要坚持走具有中国社会主义特色、符合司法规律的改革之路。深化司法体制改革,必须在党的统一领导下进行,从基本国情出发,更好地尊重司法规律,努力创造更高水平的社会主义司法文明。三要树立改革的大局观。要坚持从党和国家事业发展全局出发,谋划、提出改革举措,敢于动自己的“奶酪”,有自我革新的胸襟。对试点单位,上级机关要加强指导,鼓励、支持他们在符合中央提出的司法体制改革方向、目标、原则下积极探索,激发基层创造活力。四要统筹推进司法体制改革。要深入研究各项改革的关联性,按照先易后难、统筹兼顾、依法有序的原则,分阶段、分步骤推进。对有共识、条件具备的,可以先做起来,早见成效;对尚不具备全面推开条件的,可以先行试点,找出规律、积累经验;对情况复杂、难度大的,可以深入研究论证。要加强与立法机关的沟通衔接,及时提出立法建议,需要立法机关授权的按照法律程序办理,确保司法体制改革于法有据。

This year is a year of comprehensive and in-depth progress in the reform of the judicial system. We must follow the central government’s unified deployments, move forward quickly with a sense of urgency, and steadily push forward the reform of the judicial system, and strive to achieve new and greater progress. 

今年是司法体制改革全面深入推进的一年。我们要按照中央统一部署,以时不我待的紧迫感,扎实推进司法体制改革,努力取得新的更大进展。

(i) Further advance a number of reform pilot projects that have already been initiated and achieve greater progress during the year. Four reforms, including the improvement of the judicial accountability system, occupy a fundamental position in the reform of the judicial system. We must carry out relevant pilot projects in various provinces, autonomous regions, and municipalities during the year. In the pilot projects, the number of judges and prosecutors must be determined scientifically and rationally in accordance with judicial laws and a comprehensive consideration of the actual situation of the team and the number of cases handled. We must set up selection committees for judges and prosecutors at the provincial level. Selection work should follow strict standards, optimizing procedures, admitting the best, and gradual additions, without special accommodations to ensure that people with a high level of professionalism, wealth of judicial experience, and the ability to handle cases independently are selected for positions. We must expand the scope of selection and select more outstanding talents with high quality, legal literacy, and rich practical experience into the ranks of judges and prosecutors. 

(一)深入推进一批已启动的改革试点工作,年内取得更大进展。完善司法责任制等4项改革在司法体制改革中居于基础性地位,年内在各省区市开展试点。试点中,要按照司法规律,综合考虑队伍实际和办案量,科学合理确定法官、检察官员额。在省一级设法官、检察官遴选委员会,遴选工作要严格标准、优化程序、择优录取、逐步增补,不搞迁就照顾,确保业务水平高、司法经验丰富、能独立办案的人进入员额。要扩大选任范围,选拔更多品质好、有法律素养、实践经验丰富的优秀人才进入法官、检察官队伍。

Pilot projects for the establishment of people’s courts and people’s procuratorates operating across administrative jurisdictions and supreme people’s court circuit courts are important tasks for this year in the reform of the judicial system. The central government has approved the addition of a municipal intermediate people’s court and a municipal people’s procuratorate branch to the Beijing and Shanghai Railway Transportation Intermediate Courts and the Procuratorate Branch, respectively, as a pilot project for the operation of people’s courts and people’s procuratorates across administrative jurisdictions. After the National People’s Congress revised the relevant laws, other provinces, regions, and cities will also carry out pilot projects and promote the formation of a new litigation pattern in which ordinary cases are tried in administrative district courts and special cases are tried in district courts that operate across administrative jurisdictions. With the approval of the central government, the Supreme People’s Court established its first and second circuit courts in Shenzhen City, Guangdong Province and Shenyang City, Liaoning Province. We must actively explore the operation and management mechanisms of the authority of circuit courts to conduct trials, handle major administrative, civil, and commercial cases across administrative jurisdictions, and give full play to the circuit court functions of facilitating litigation by litigants, resolving disputes on the spot, and promoting judicial impartiality. 

开展设立跨行政区划的人民法院、人民检察院和最高人民法院设立巡回法庭试点,是今年司法体制改革的重要任务。中央已经批准,在北京、上海铁路运输中级法院、检察分院分别加挂市中级人民法院、市人民检察院分院牌子,作为跨行政区划的人民法院、人民检察院先行试点。在全国人大修改有关法律后,其他省区市也将开展试点,推动形成普通案件在行政区划法院审理、特殊案件在跨行政区划法院审理的新型诉讼格局。经中央批准,最高人民法院在广东省深圳市、辽宁省沈阳市设立第一、二巡回法庭。要积极探索巡回法庭审判权运行管理机制,审理好跨行政区域重大行政和民商事案件,发挥好巡回法庭方便当事人诉讼、就地解决纠纷、促进司法公正的功能。

(ii) Accelerate the deployment of a number of influential reform tasks and achieve staged results within the year. With regard to the reform tasks deployed by the Fourth Plenum, we must clearly prioritize them, start from the areas where the people have the highest exceptions, start from the most prominent issues affecting judicial impartiality and constraining judicial capacity, start from the areas where consensus has been formed in all aspects, and promptly launch a number of reform measures. 

(二)抓紧部署一批有影响的改革任务,年内取得阶段性成果。对四中全会部署的改革任务,我们要分清轻重缓急,从人民群众最期盼的领域改起,从影响司法公正、制约司法能力最突出的问题改起,从各方面已经形成共识的环节改起,抓紧推出一批改革举措。

In terms of ensuring the independent and impartial exercise of power in accordance with the law, we must establish a record, notification, and accountability system for leading cadres’ intervention in judicial activities so that leading cadres must record any contact they have in judicial activities and can be held accountable in the event of consequences. We must establish and improve the record system and accountability system for the internal staff of judicial institutions. We must establish a protection mechanism to ensure that judicial personnel perform their statutory duties and prevent people from using their power to retaliate against judicial personnel who perform their duties and uphold impartiality in the judiciary. 

在保障依法独立公正行使职权方面,建立领导干部干预司法活动记录、通报和责任追究制度,领导干部凡对司法活动打招呼的,都要记录,造成后果的要倒查责任。建立完善司法机关内部人员过问案件记录制度和责任追究制度。建立司法人员履行法定职责保护机制,防止有人利用职权打击报复履职尽责、秉公司法的司法人员。

In terms of establishing standardized and orderly operating mechanisms for judicial power, we must advance the reform of the trial-centered litigation system and ensure the quality of case handling and judicial impartiality. We must reform the court case acceptance system and change the case filing review system to a case filing registration system. The people’s courts shall ensure that cases must be opened and litigation must be dealt with in accordance with the law so as to protect the right of litigation. We must improve the court trial-level system. The first trial level will focus on resolving the determination of facts and application of the law. The second trial level will focus on resolving factual legal disputes so that the trial is concluded at the second trial level. Retrial will focus on resolving errors according to law and maintaining the authority of judges. We must deepen the reform of the people’s assessor and people’s supervisor system, expand the scope from which people’s assessors are selected, ensure the people’s participation in justice in accordance with the law, and improve judicial credibility. 

在建立规范有序的司法权运行机制方面,推进以审判为中心的诉讼制度改革,确保办案质量和司法公正。改革法院案件受理制度,变立案审查制为立案登记制,人民法院对依法应该受理的案件,做到有案必立、有诉必理,保障当事人诉权。完善法院审级制度,一审重在解决事实认定和法律适用,二审重在解决事实法律争议、实现二审终审,再审重在解决依法纠错、维护裁判权威。深化人民陪审员和人民监督员制度改革,扩大人民陪审员选任范围,保障人民群众依法参与司法,提高司法公信力。

In terms of comprehensively deepening public security reforms, we must do a good job in implementing the Framework Opinions on Several Issues Concerning Comprehensively Deepening Public Security Reform and the three supporting plans. 

在全面深化公安改革方面,要抓好《关于全面深化公安改革若干问题的框架意见》及3个配套方案的落实。

In deepening the reform of judicial administration, first, we must deepen the reform of the lawyer system. After Comrade Zou Bihua, the Vice-president of Shanghai Higher People’s Court, died at his post, there was a strong response from all walks of life, including lawyers, who expressed their mourning one after another. The important reason for this was that he was not only loyal and dedicated and insisted on justice for the people, but he also attached importance to the work of lawyers and respected and protects the rights of lawyers to practice law. Recently, General Secretary Xi Jinping gave important instructions, praising him as a good judge who was just and fair to the people and a good cadre who dared to take initiative. We must actively respond to the call of General Secretary Xi Jinping and learn from Comrade Zou Bihua. To be like him, we must fully recognize that teams of lawyers are an important force for governing the country according to law and attach great importance to and vigorously strengthen the work of lawyers. We must use ideological guidance, political incentives, and rights protection to unite lawyers around the Party to the maximum extent. We must conscientiously implement various laws and regulations and ensure that lawyers exercise their right to practice law in accordance with the law. We must make listening with patience a quality of judges and prosecutors and ensure that work mechanisms allow lawyers’ opinions to be heard and reasonable opinions to be accepted. We must use institutions to standardize the relationship between judges, prosecutors, people’s police, and lawyers, while avoiding both unsophisticated understandings of relations and blind physical separation. We must guide lawyers to focus on familiarizing themselves with cases, studying the law, and improving their professionalism, instead of building relationships, engaging in public relations, and succumbing to the illegal demands of other persons for the sake of fame and fortune. Second, we must deepen the reform of the prison system. We must regard the education and reformation of criminals as the central task, improve the security, standardized, and civilized management system, strengthen the protection of the human rights of criminals, and improve the quality of education and reformation and the level of security supervision. Third, we must improve the community correction system. We must accelerate the promotion of community correction legislation, comprehensively promote community correction work, and improve the effectiveness of community corrections. Fourth, we must improve the judicial appraisal (司法鉴定, also translated as “judicial authentication”) management system. We must implement the Decision of the Standing Committee of the National People’s Congress on the Administration of Judicial Authentication, improve the judicial appraisal management system under the unified management of judicial administrative institutions, and improve the judicial appraisal institutions and personnel supervision and management systems. 

在深化司法行政改革方面,一是深化律师制度改革。上海高院副院长邹碧华同志殉职后,社会各界包括广大律师反响强烈,纷纷进行悼念,其重要原因就是他不仅忠诚、敬业,坚持司法为民,而且重视律师工作,尊重和保障律师执业权利。最近,习近平总书记作出重要批示,称赞他是公正为民的好法官、敢于担当的好干部。我们要积极响应习近平总书记的号召,向邹碧华同志学习。要像他那样,充分认识到律师队伍是依法治国的重要力量,高度重视、大力加强律师工作,通过思想上引导、政治上激励、权利上保障,最大限度地把广大律师团结在党的周围。要认真落实各项法律规定,保障律师依法行使执业权利。要让耐心倾听成为法官、检察官的一种品质,从工作机制上保证律师的意见被听取、合理意见被采信。要从制度上规范法官、检察官、人民警察与律师的关系,既不搞庸俗关系学,也不搞简单的物理切割。要引导律师把精力放在熟悉案情、研究法律、提高职业素养上,而不是拉关系、搞公关,为了名利而屈从当事人的非法要求。二是深化监狱制度改革。把教育改造罪犯作为中心任务,健全安全、规范、文明管理制度,加强罪犯人权保障,提高教育改造质量和安全监管水平。三是健全社区矫正制度。加快推进社区矫正立法,全面推进社区矫正工作,提高社区矫正实效。四是完善司法鉴定管理体制。落实全国人大常委会《关于司法鉴定管理问题的决定》,健全司法行政机关统一管理的司法鉴定管理体制,完善司法鉴定机构和人员监督管理制度。

(iii) Organize research and demonstration for a number of difficult reform projects and form the basic thinking for reform as soon as possible. Explore the establishment of a system by which procuratorial institutions can initiate public interest litigation to safeguard national and social public interests. Improve the scheme for a leniency system in cases with a confession of guilt and acceptance of punishment, reduce litigation costs, and improve judicial efficiency. Study the establishment of a system of life-long prohibition of engaging in the legal profession and maintain the seriousness and sacredness of the legal profession. On the basis of summarizing the experience of the separation of trial and enforcement inside the people’s courts, we must study and demonstrate a model of the external separation of trial authority and enforcement authority. 

(三)组织研究论证一批难度大的改革项目,早日形成改革的基本思路。探索建立检察机关提起公益诉讼制度,维护好国家利益和社会公共利益。完善刑事诉讼中认罪认罚从宽制度的方案,减少诉讼成本,提高司法效率。研究建立终身禁止从事法律职业制度,维护法律职业严肃性和神圣性。在总结人民法院内部审执分离改革经验基础上,研究论证审判权与执行权外部分离的模式。

IV. Earnestly implement the new requirements of governing the country according to law and unremittingly promote strict law enforcement, civilized law enforcement, and an impartial judiciary

四、认真落实依法治国新要求,坚持不懈推进严格执法、文明执法、公正司法

The key to governing the country according to law is strict law enforcement and an impartial judiciary. As the main force and a new force in law enforcement and the judiciary, political and legal institutions have special responsibilities in the historical process of comprehensively advancing the rule of law. We must conscientiously implement the new requirements for comprehensively governing the country according to law, innovate in concepts, improve systems, and strengthen supervision, ensure strict law enforcement, civilized law enforcement, and an impartial judiciary, and enhance the credibility of law enforcement and the judiciary. 

依法治国的关键是严格执法、公正司法。政法机关作为执法司法的主力军、生力军,在全面推进依法治国的历史进程中负有特殊责任。我们要认真落实全面依法治国新要求,创新理念、完善制度、加强监督,确保严格执法、文明执法、公正司法,提升执法司法公信力。

(i) Take the lead in belief in the rule of law and adherence to the rule of law and regulate and constrain law enforcement and judicial power in accordance with the law. The rule of law is the institutional cornerstone of a country’s prosperity. Constraining power and protecting rights are the main idea and essence of the rule of law. Whether or not political and legal affairs leaders can consciously use the law to constrain their power is the touchstone for testing whether they believe in the rule of law and adhere to the rule of law. We must deeply understand that the law focuses on constraining power, always maintain respect for the law, consciously unify the professional conscience of law enforcement for the people with the spirit of the rule of law of impartial law enforcement, take the lead in observing the law and enforcing the rule of law, refuse to override the national law, substitute one’s words for the law, or use power to suppress the law. Never use public tools for private purposes or seek personal gain. 

(一)带头信仰法治、坚守法治,依法规范和约束执法司法权。法治是国家富强的制度基石。约束权力、保障权利是法治的要旨和精髓。政法领导干部能否自觉用法律约束手中的权力,是检验其是否信仰法治、坚守法治的试金石。我们要深刻懂得法律重在约束权力的道理,始终保持对法律的敬畏之心,自觉把执法为民的职业良知与秉公执法的法治精神统一起来,带头遵守法律、厉行法治,决不能凌驾于国家法律之上、以言代法、以权压法,决不能公器私用、谋取私利。

In the first half of the year, we will hold a seminar on comprehensively promoting the rule of law. We hope that through the study and discussion of the spirit of the Fourth Plenum, we can enable leading political and legal affairs cadres to more comprehensively and accurately grasp the goals and tasks of governing the country according to law, firmly establish awareness of strictly regulating the exercise of power in accordance with the law and consciously accepting restrictions and supervision, and truly believe in the rule of law and adhere to the rule of law. We must persist in setting an example and leading by example, making it the conscious action of all cadres and police officers to exercise law enforcement and judicial power in strict accordance with statutory powers and procedures. 

上半年,我们将举办全面推进依法治国专题研讨班,希望通过对四中全会精神的学习、研讨,使政法领导干部更加全面、准确把握依法治国的目标、任务,牢固树立严格依法规范行使权力和自觉接受制约监督的意识,真正信仰法治、坚守法治。坚持以身作则、率先垂范,让严格按照法定权限和程序行使执法司法权成为全体干警的自觉行动。

(ii) Deeply promote the construction of law enforcement and judicial standardization and truly put law enforcement and judicial power in an institutional cage. Whether the actions of law enforcement and the judiciary are standardized not only affects the credibility of law enforcement and the judiciary, but also affects the level of civilization of the rule of law in the country. We must put the in-depth promotion of the construction of law enforcement and judicial standardization in a more important position to ensure that law enforcement and judicial power is exercised in accordance with the law. In view of the prominent problems existing in law enforcement and judicial activities, we must unravel the issues one by one and earnestly study and solve them. Recently, the Office of the Central Committee and the Office of the State Council issued the Opinions on Further Regulating the Disposition of Property Related to Criminal Proceedings and clarified the scope and procedures for the seizure and freezing of property involved in cases. We must establish a system for the transfer, management, and turnover of the property involved in cases, and political and legal institutions at all levels must conscientiously implement it. In response to the problem of different judgments for the same case, we must improve the benchmark system of law enforcement discretionary power, deepen the reform of sentencing standards, and improve the case guidance system. In view of the insufficient linkage between administrative law enforcement and criminal justice, we must establish and improve mechanisms for information sharing, case status notifications, and case transfers between administrative law enforcement institutions and judicial institutions in order to prevent cases that do not move forward and the use of fines instead of formal sentences. 

(二)深入推进执法司法规范化建设,真正把执法司法权关进制度的笼子。执法司法行为是否规范,不仅影响执法司法公信力,而且影响国家法治文明程度。我们要把深入推进执法司法规范化建设放到更加重要的位置来抓,确保执法司法权依法规范行使。针对执法司法活动中存在的突出问题,要一件一件加以梳理,认真研究解决。最近,中办、国办印发了《关于进一步规范刑事诉讼涉案财物处置工作的意见》,明确了涉案财物查封扣押冻结的范围和程序,要求建立涉案财物移送、管理和上缴制度,各级政法机关都要认真贯彻执行。针对同案不同判问题,要健全执法裁量权基准制度,深化量刑规范化改革,完善案例指导制度。针对行政执法与刑事司法衔接不够问题,要建立完善行政执法机关与司法机关信息共享、案情通报、案件移送机制,防止有案不移、以罚代刑。

Since the Eighteenth Party Congress, some localities have successively corrected some unjust, false, and erroneous cases from the past. For these cases, we must reflect on the concepts and institutions. We must further change the judicial philosophy, follow the laws of criminal litigation activities, handle the relationship between the punishment of crimes and the protection of human rights, seriously implement the revised criminal procedure law and other legal systems, and effectively strengthen the protection of human rights in the field of criminal justice. Combined with the advancement of the reform of the trial-centered litigation system, we must strengthen the institutional guarantees of the legal rights and interests of the parties and other participants in litigation, focus on improving the implementation of legally prescribed crimes and punishments, presumption of innocence, and the elimination of illegal evidence, and other systems, improve judicial supervision of compulsory measures and investigative methods that restrict personal freedom, strengthen the prevention of torture to extract confessions and illegal evidence collection at the source, and give full play to the decisive role of court trials in ascertaining facts, determining evidence, protecting litigation rights, and reaching fair judgments. Implement the requirements of procedural fairness, change the tendency of emphasizing entities rather than procedures, and ensure that every aspect of law enforcement and case handling meets the requirements of procedural norms. We must explore the establishment of a remote-site review system for appeals in criminal cases and ensure that problems in every aspect of law enforcement and case handling can be discovered, corrected, and relevant people held accountable in a timely manner. In cases of torture to extract a confession, favoritism, or gross negligence resulting in death or wrongful conviction, or delays in correcting wrongful convictions after the fact that cause serious consequences, the responsible persons shall be held accountable for life and be dealt with seriously. 

党的十八大以来,一些地方陆续纠正了过去的一些冤假错案。对这些案件,要从理念、制度层面反思。要进一步转变司法理念,遵循刑事诉讼活动规律,处理好惩治犯罪与保障人权之间的关系,认真实施修改后的刑事诉讼法等法律制度,切实加强刑事司法领域的人权保障。结合推进以审判为中心的诉讼制度改革,强化对当事人和其他诉讼参与人合法权益的制度保障,重点健全落实罪刑法定、疑罪从无、非法证据排除等制度,完善对限制人身自由强制措施和侦查手段的司法监督,加强对刑讯逼供和非法取证的源头预防,发挥好庭审在查明事实、认定证据、保护诉权、公正裁判中的决定性作用。落实好程序公正的要求,改变重实体、轻程序倾向,确保执法办案每一个环节都符合程序规范的要求。探索建立刑事案件申诉异地审查制度,确保执法办案每一个环节出现问题,都能及时发现、纠正、问责。对刑讯逼供、徇私枉法或者重大过失,导致涉案人员非正常死亡或者造成错案的,以及错案发生后拖延不纠正造成严重后果的,要终身追责、严肃处理。

The occurrence of unjust, false, and erroneous cases is also closely related to an incorrect guiding ideology for handling cases, slogans that are not connected to reality, and inappropriate assessments. This year, the central political and legal units and local political and legal institutions will conduct a comprehensive review of various law enforcement judicial assessment indicators. resolutely abolish unreasonable assessment items such as the number of criminal detentions, rate of arrests, rate of prosecution, rate of convictions, and rate of case closure. At the same time, in conjunction with deepening the reform of the judicial system, we must establish a scientific incentive mechanism, implement case handling responsibilities, strengthen supervision and control, and ensure that cadres and police officers handle cases in accordance with the law and handle cases well. 

冤假错案的发生,还与不正确的办案指导思想、不切实际的口号、不恰当的考核有密切关系。今年,中央政法各单位和各地政法机关要对各类执法司法考核指标进行全面清理,坚决取消刑事拘留数、批捕率、起诉率、有罪判决率、结案率等不合理的考核项目。同时,结合深化司法体制改革,建立科学的激励机制,落实办案责任,加强监督制约,确保干警依法办案、办好案。

(iii) Strengthen constraint and supervision to prevent the abuse of law enforcement and judicial power. Power that lacks constraint will inevitably be abused. This is an iron law of history. We must improve the implementation of constraint based on law institutions and mechanisms between different links and departments to ensure that law enforcement and judicial powers operate in accordance with the law. For departments and posts where law enforcement and judicial power are concentrated, we must divide powers based on responsibilities, establish powers based on posts, and grant power based on levels. All political and legal units must implement the system of the division of responsibility, mutual cooperation, and mutual constraint stipulated in the Constitution. People’s procuratorates and people’s courts must be loyal to facts and the law, prevent “sick” (带病) cases with unclear facts and insufficient evidence or cases that violate legal procedures from entering prosecution and trial procedures. Starting in the wrong way will cause the wrong to continue throughout the process and lead to a wrong conclusion. We must improve the legal system to allow procuratorial organs to exercise their supervisory power, strengthen legal supervision of criminal, civil, and administrative litigation, and promote judicial impartiality. 

(三)强化制约监督,防止执法司法权滥用。缺乏制约的权力必然被滥用,这是一条历史铁律。我们要健全落实不同环节、部门之间依法制约的体制机制,确保执法司法权依法规范运行。对执法司法权集中的部门、岗位,实行分事行权、分岗设权、分级授权。政法各单位要把宪法规定的分工负责、互相配合、互相制约制度落实好。人民检察院、人民法院要忠于事实和法律,防止事实不清、证据不足的案件或者违反法律程序的案件“带病”进入起诉、审判程序,造成起点错、跟着错、错到底。要完善检察机关行使监督权的法律制度,加强对刑事、民事和行政诉讼的法律监督,促进司法公正。

Informatization is not only an important support for strengthening the management and improving the effectiveness of law enforcement and the judiciary, but also an important means to deepen the openness and enhance the credibility of law enforcement and the judiciary. We need to establish a cross-departmental law enforcement case-handling full-service and full-process informatized integrated system and promote the in-depth integration of informatization construction and law enforcement case-handling supervision and management mechanisms. We must use openness as a bridge by which law enforcement and judicial institutions can connect to society, build open, dynamic, transparent, and convenient new law enforcement and judicial mechanisms, strive to achieve a high degree of convergence between openness and impartiality, and truly allow law enforcement and justice to win the trust of the society through openness and self-confidence. We must build new media such as Weibo, WeChat, and mobile clients into new platforms for information publication, communication, and interaction and continue to expand the breadth and depth of law enforcement and judicial disclosures. 

信息化既是加强执法司法管理、提升执法司法效能的重要支撑,也是深化执法司法公开、提升执法司法公信力的重要手段。我们要建立跨部门的执法办案全业务、全流程信息化综合系统,推动信息化建设与执法办案监督管理机制的深度融合。要把公开作为执法司法机关连接社会的桥梁,构建开放、动态、透明、便民的执法司法新机制,努力实现公开与公正的高度契合,真正使执法司法在公开、自信中赢得社会的公信。要把微博、微信、移动客户端等新媒体建设成为信息发布、沟通互动新平台,不断拓展执法司法公开的广度和深度。

(iv) We must hold high the banner of maintaining the authority of the rule of law and create a good environment conducive to strict law enforcement, civilized law enforcement, and an impartial judiciary. As law enforcement and judicial institutions, the abuse of power by political and legal institutions damages the authority of the rule of law, and the failure of such institutions to perform their duties will also damage the authority of the rule of law. We cannot be afraid, unwilling, or unable to enforce the law just because we are emphasizing the constraint of power. Rather, we must take strict law enforcement as a basic requirement, strengthen management and crack down on crimes in accordance with the law, and never selectively enforce the law or engage in extra-legal favors. Regarding violations and crimes in areas such as food safety, environmental protection, and production safety, we must earnestly take responsibility, strictly investigate and deal with issues in accordance with the law, and resolutely safeguard the legitimate rights and interests of the people. 

(四)高举维护法治权威的旗帜,营造有利于严格执法、文明执法、公正司法的良好环境。政法机关作为执法司法机关,滥用职权会损害法治权威,不履行职责同样会损害法治权威。我们不能因为强调约束权力就不敢、不愿、不会执法,而要把严格执法作为基本要求,依法加强管理、打击犯罪,决不在法律执行上搞变通,决不搞法外开恩。针对食品安全、环境保护、安全生产等领域违法犯罪问题,要切实负起责任、严格依法查处,坚决维护群众合法权益。

We must properly handle the relationship between strict law enforcement and civilized law enforcement, improve law enforcement methods, pay attention to language and behavioral norms, and use the law as the basis and use reason to convince people. We must effectively do a good job in on-site law enforcement audio and video recording work, standardize cadres’ and police officers’ on-site law enforcement behavior, protect their legitimate rights and interests, and effectively respond to social concerns. 

要处理好严格执法与文明执法的关系,改进执法方式,注重语言、行为规范,做到以法为据、以理服人。切实做好现场执法录音录像工作,规范干警现场执法行为,保护干警正当权益,有效回应社会关切。

In the face of new changes in the public opinion field, we must establish the concept of proactive propaganda and try to launch activities that invite the public into law enforcement and judicial institutions. We must be good at coordinating political and legal resources and social resources, make full use of new media, and use storytelling to convey key work and moving stories to the society in a timely manner so that the people will trust and support law enforcement and judicial work. We must strengthen propaganda for the rule of law, establish a system for judges, prosecutors, administrative law enforcement personnel, and lawyers to interpret the law through cases, and create a good social environment for strict law enforcement, civilized law enforcement, and an impartial judiciary. 

面对舆论场新变化,我们要树立主动宣传的理念,尝试开展邀请公众走进执法司法机关的活动。要善于统筹好政法资源和社会资源,充分利用新媒体,用讲故事方式,把重点工作、感人事迹及时传递到社会,让人民群众信任、支持执法司法工作。要加强法治宣传工作,建立法官、检察官、行政执法人员、律师以案释法制度,为严格执法、文明执法、公正司法创造良好社会环境。

V. Effectively strengthen the construction of political and legal affairs teams and continuously improve their ideological and political quality and the ability to perform their duties.

五、切实加强政法队伍建设,不断提高思想政治素质和履职能力

To do a good job in political and legal affairs work under the new situation, the most fundamental thing is to build political and legal affairs teams with strong politics, strong service, and strong style. We must implement the requirements of comprehensive and strict Party governance. In accordance with the requirements of formalization, specialization, and professionalization, we must effectively improve the ideological and political quality, service work capabilities, and professional ethical standards and strive to build a political and legal team that is loyal to the Party, loyal to the country, loyal to the people, and loyal to the law. 

做好新形势下政法工作,最根本的在于建设一支政治过硬、业务过硬、作风过硬的政法队伍。我们要贯彻全面从严治党要求,按照正规化、专业化、职业化的要求,切实提高思想政治素质、业务工作能力、职业道德水准,努力建设一支忠于党、忠于国家、忠于人民、忠于法律的政法队伍。

(i) Strictly abide by the Party’s discipline and political rules and ensure that the political and legal affairs cadres and police officers are absolutely loyal and reliable. Party discipline is the life of the Party. Political and legal institutions are the knives in the hands of the Party and the people. Only by strictly observing the Party’s discipline and political rules can the knives be firmly in the hands of the Party and the people. Under the new situation, the Party and the people’s goals are more ambitious, the tasks of the political and legal institutions are more onerous, the rules and discipline must be more firmly maintained, and all actions are subject to the Party’s command. We demand that we personally live up to stronger Party spirit principles, political awareness, and organizational philosophy, always maintain a high degree of consistency with the Party Central Committee with Comrade Xi Jinping as its General Secretary in ideological and political actions, and always be a loyal guardian of the Party and the people.   

(一)严守党的纪律和政治规矩,确保政法干警绝对忠诚可靠。党的纪律是党的生命。政法机关作为党和人民掌握的刀把子,只有严守党的纪律和政治规矩,才能确保刀把子牢牢掌握在党和人民手中。新形势下,党和人民的奋斗目标越宏伟,政法机关肩负的任务越繁重,就越要讲规矩、守纪律,一切行动听党指挥。我们要以更强的党性原则、政治觉悟、组织观念要求自己,始终在思想上政治上行动上同以习近平同志为总书记的党中央保持高度一致,永远做党和人民忠诚卫士。

In recent years, some political and legal affairs leaders have embarked on the road of illegal crimes. The most fundamental reason for this is that there are problems with ideals and beliefs and their values are seriously distorted, breaking the bottom lines of Party discipline and state laws. Swaying in one’s ideals is the most dangerous sort of swaying. We must unremittingly grasp the Party’s scientific and theoretical arms, effectively strengthen the study of the theoretical system of socialism with Chinese characteristics, effectively strengthen the study of the spirit of General Secretary Xi Jinping’s series of important speeches, continuously raise our level of ideology and theory, truly and firmly establish ideals and beliefs, and consciously become a firm believer and loyal practitioner of socialism with Chinese characteristics. We must further strengthen the cultivation and training of Party spirit, continuously transform the subjective world, consciously draw clear lines to delineate words and deeds that violate the principles of Party spirit, and always think about problems and take action from the standpoint of the Party and the people. We must carry out the Party’s political discipline and organizational discipline education in depth, never allow anything to override to the organization, never allow any compromises or choices in implementing the Party Central Committee’s decisions and deployments, never allow the relationship between superiors and subordinates to become personal relationships of dependency, and never allow the formation of cliques. We must stress Party spirit and principles, dare to fight against acts that undermine the Party’s discipline and political rules, and dare to struggle against all unhealthy trends. We must strengthen the inspection of the implementation of the Party’s political and organizational discipline, strictly investigate and deal with the failure to follow commands, failure to follow prohibitions, deception of the organization, and anti-organizational behaviors, and ensure the smooth flow of the orders of the central government. 

近年来,一些政法领导干部走上违法犯罪道路,最根本的原因就是理想信念出了问题,价值观严重扭曲,突破了党纪国法底线。理想信念动摇是最危险的动摇。我们要坚持不懈地抓好党的科学理论武装,切实加强对中国特色社会主义理论体系的学习,切实加强对习近平总书记系列重要讲话精神的学习,不断提高思想理论水平,真正把理想信念牢固立起来,自觉做中国特色社会主义的坚定信仰者、忠实践行者。要进一步加强党性修养和党性锻炼,不断改造主观世界,自觉同违背党性原则的言行划清界限,始终站在党和人民的立场上想问题、做事情。要深入开展党的政治纪律、组织纪律教育,决不允许凌驾于组织之上,决不允许在贯彻执行党中央决策部署上打折扣、做选择,决不允许把上下级关系变成人身依附关系,决不允许搞团团伙伙。要讲党性、讲原则,对破坏党的纪律和政治规矩的行为,对一切不正之风,要敢于斗争。要强化对党的政治纪律、组织纪律执行情况的检查,严肃查处有令不行、有禁不止和欺骗组织、对抗组织行为,确保中央政令畅通。

(ii) Deeply promote the construction of Party style and clean government and the fight against corruption and improve the ability of political and legal affairs teams to resist corruption and prevent degeneration. Corruption is a malignant tumor that invades the healthy body of the Party. Persevering in opposing corruption and unswervingly cutting off the malignant tumor of corruption are inevitable requirements for upholding the Party’s nature and purpose and consolidating the Party’s ruling foundation. At present, the anti-corruption struggle on the political and legal fronts is still grim. We must not only deeply reflect on the painful lessons of the Zhou Yongkang case, but also thoroughly eliminate the impact of the Zhou Yongkang case. We must conscientiously study and implement the spirit of General Secretary Xi Jinping’s important speech at the 5th Plenum of the Central Commission for Discipline Inspection and unswervingly promote the construction of Party style and clean government and the fight against corruption. Regarding the problem of corruption, we must maintain a zero-tolerance attitude and not relax the standard of severe punishment. Issues discovered together will be investigated and handled together. In the fight against corruption, there are no forbidden zones, no special areas, and no blind spots. We must combine positive education with negative warnings, strengthening Party spirit and discipline, solving problems, and improving institutions and form an effective mechanism so that people fear to be corrupt, are unable to be corrupt, and do not want to be corrupt. 

(二)深入推进党风廉政建设和反腐败斗争,提高政法队伍拒腐防变能力。腐败现象是侵入党的健康肌体的毒瘤,坚持不懈反对腐败、坚定不移割除腐败毒瘤,是坚持党的性质和宗旨、巩固党的执政基础的必然要求。当前,政法战线反腐败斗争形势依然严峻。我们不仅要深刻反思周永康案的沉痛教训,而且要彻底肃清周永康案造成的影响。要认真学习贯彻习近平总书记在中央纪委第五次全体会议上的重要讲话精神,坚定不移推进党风廉政建设和反腐败斗争。对腐败问题,要坚持零容忍的态度不变、严厉惩处的尺度不松,发现一起查处一起。反腐败斗争没有禁区,没有特区,也不能有盲区。要把正面教育与反面警示、增强党性与正风肃纪、解决问题与完善制度结合起来,形成不敢腐、不能腐、不想腐的有效机制。

Political and legal affairs leaders are the leaders of the political and legal affairs teams and the weather vanes of the political ecosystem. We must integrate the “Three Stricts, Three Honests” themed education carried out among leading cadres at the county level and above, be deeply aware that the power conferred by the Party and the people is a heavy responsibility, always keep in mind that we are cadres of the ruling Party, consciously use power on the track of the rule of law, be adept at working under supervision and be an honest person, work with a clear conscience, and be upright as an official. We must use the cases of political and legal leaders whose violation of laws and discipline have been investigated and dealt with since the Eighteenth Party Congress as teaching material to show what not to do, carry out in-depth warning education, deeply realize that power, status, and money are all things outside of the body that cannot give life or stave off death, consciously enhance the awareness of honesty in politics, build a strong line of defense against corruption and degeneration, be able to withstand the temptations of selfish desires, selfish feelings, and selfish interests, and always maintain a clean and honest political character. 

政法领导干部是政法队伍的引领者,是政治生态的风向标。我们要结合在县处级以上领导干部中开展的“三严三实”专题教育,深刻认识到党和人民赋予的权力是一份沉甸甸的责任,时刻牢记我们是执政党的干部,自觉在法治轨道上用权,善于在监督下工作,坦荡做人、清白做事、正派为官。要以党的十八大以来查处的政法领导干部违法违纪案件为反面教材,深入开展警示教育,深刻认识到权力、地位、金钱都是身外之物,生不带来、死不带走,自觉增强廉洁从政意识,筑牢拒腐防变思想防线,抵得住私心、私情、私利诱惑,始终保持清正廉洁的为政品格。

High-quality political and legal teams are the product of education and strict management. Political and legal affairs leaders must strictly implement “One Post, Two Responsibilities,” dare to manage, be willing to manage, and know how to manage political and legal affairs teams. We must work hard in peacetime and change the phenomenon that no one looks for problems and problems are only handled when they become obvious. We must go out to meet to small problems that have just emerged. We must “make a big deal” out of some small problems when are accustomed to. For some contagious and harmful “germs”, vaccinations should be administered early on to enhance immunity. Currently, we must use constant tenacity and patience to resolutely oppose and rectify thinking that one deserves special privileges, bureaucratic habits, and domineering styles and resolutely oppose and rectify cases involving relationships, favors, and money. Issues such as abuse of power, favoritism and fraud, corruption and perverting the law, buying and selling officials, collecting money for people, or even acting as a protective umbrella for underworld forces must be thoroughly investigated and never tolerated. 

高素质政法队伍是培育出来的,也是严管出来的。政法领导干部要严格落实“一岗双责”,对政法队伍敢抓敢管、愿抓愿管、会抓会管。要把功夫下在平时,改变不出问题没人管、出了问题才处理的现象。对刚刚露头的小问题,要早打招呼;对一些习以为常的小毛病,要“小题大做”;对一些传染性、危害性强的“病菌”,要早打预防针,增强免疫力。当前,要以常抓的韧劲和长抓的耐心,坚决反对和整治特权思想、衙门习气、霸道作风,坚决反对和整治关系案人情案金钱案。对滥用职权、徇私舞弊、贪赃枉法、买官卖官、收钱捞人甚至充当黑恶势力保护伞等问题,要一查到底、决不姑息。

The most effective and lasting way to govern the Party is to use institutions. We must effectively tighten the institutional cage and never allow power to be used as a tool for personal gain. We must improve internal and external supervision and constriction mechanisms in key areas that are prone to corruption and block up rent-seeking spaces for law enforcement and judicial power. We must rationally decompose and allocate power scientifically, work to improve the systems for selecting, employing, and managing people, strictly implement the “Three Leaders” (三长) exchange and appointment system for public security, procuratorate, and court institutions, increase the intensity of cadre exchange and rotation, and use institutions to prevent and reduce corruption. 

用制度管党治党最有效、最持久。要切实扎紧制度的篱笆,决不允许将职权作为谋取私利的工具。要针对容易发生腐败问题的重点领域,健全内外监督制约机制,堵塞执法司法权寻租空间。要合理分解、科学配置权力,着力健全选人用人管人制度,严格执行公、检、法“三长”交流任职制度,加大干部交流轮岗力度,从制度上预防和减少腐败。

(iii) Put specialization construction in a more prominent position to improve the professional abilities of political and legal affairs cadres and police officers. Faced with heavy political and legal affairs tasks and a complicated law enforcement and judicial environment and faced with the new requirements of comprehensive rule of law, we must take specialization as the core combat capability of political and legal affairs teams, actively explore educational management models that meet the requirements of specialization, and strive to make it so cadres and police officers with rich legal knowledge, good professionalism, high professional standards, and high professional ethics. 

(三)把专业化建设摆到更加重要位置来抓,提高政法干警业务能力。面对繁重的政法工作任务、复杂的执法司法环境,面对全面依法治国的新要求,我们要把专业化作为政法队伍核心战斗力来抓,积极探索与专业化要求相适应的教育管理模式,努力使干警具有丰富的法律知识、良好的职业素养、较高的专业水平、高尚的职业操守。

Innovative education and training systems are an important way to improve cadres’ and police officers’ professional abilities. We need to deepen the training for job qualifications, job skills, and special professional responsibilities and cultivate political and legal affairs leadership talents, professional talents, and specialized talents. At present, strengthening the education and training of grassroots front-line leaders and backbones such as institutes, teams, and courts is not only a key point in strengthening grassroots infrastructure construction, but also a focal point for improving the quality and ability of political and legal affairs teams. The front-line leaders and backbones of the institutes, teams, and courts are the vanguard and rearguard, and various political and legal affairs work primarily depends on them for concrete organization and implementation. Their quality and capabilities directly determine the overall level of political and legal affairs work. In the mass-media era, every grassroots law enforcement and judicial unit is related to the overall image of political and legal institutions. We must focus on how grassroots frontline leaders and backbones such as institutes, teams, and courts carry out their work, solve difficult problems, lead the teams properly carry out in-depth education and training, strive to cultivate them into grassroots frontline leadership talents who are politically firm, proficient at their work, outstanding in work style, good at leading troops into battle, and good at law enforcement case-handling. 

创新教育培训体系是提高干警业务能力的重要途径。我们要深化任职资格、岗位技能、专项业务等培训,培养好政法领导人才、业务领军人才和专门型人才。当前,加强对所、队、庭等基层一线领导和骨干的教育培训,既是加强基层基础建设的关键点,也是提高政法队伍素质能力的着力点。所、队、庭等基层一线领导和骨干是兵头将尾,各项政法工作主要靠他们具体组织落实。他们的素质能力,直接决定着整个政法工作水平。全媒体时代,每一个基层执法司法单位都与政法机关的整体形象有关。要围绕所、队、庭等基层一线领导和骨干怎样开展工作、破解难题、带好队伍等,深入开展教育培训,努力把他们培养成政治坚定、业务精通、作风优良、善于带兵打仗、善于执法办案的基层一线领导人才。

Improving and implementing the legal profession access system is the key to ensuring the professional quality of political and legal affairs teams. We must promptly study the change of the judicial examination system to the national uniform legal professional qualification examination system and include the legal professional standpoint, ethics, and skills in the scope of the examination. We must actively explore the establishment of absorption mechanisms for the orderly flow of talent in the legal profession, accelerate the implementation of the system of recruiting judges and prosecutors from qualified lawyers and legal experts, improve standardized and convenient mechanisms for recruiting talents from graduates in the field of political and legal affairs, improve the two-way exchange mechanisms between political science and law departments, law schools, and law research institutions, and cultivate a team of high-quality legal affairs talents. 

完善并实施法律职业准入制度,是确保政法队伍专业素质的关键。要抓紧研究将司法考试制度改为国家统一法律职业资格考试制度,将法律职业立场、伦理、技能等纳入考试范围。积极探索建立法律职业从业者之间有序流动的人才吸纳机制,加快实施从符合条件的律师、法学专家中招录法官、检察官制度,健全从政法专业毕业生中招录人才的规范便捷机制,健全政法部门和法学院校、法学研究机构人员双向交流机制,造就高素质的法律人才队伍。

(iv) Further care for and protect cadres and police officers and maximize the vitality of the political and legal affairs teams. We must be more concerned about ideological and political matters, show more care for the work and lives of cadres and police officers, and strive to create a good environment that wins the hearts of the people. We must pay more attention to the scientific use of the police, rationally arrange their work and life, and implement the rotation system to ensure a balance of work and rest, tension and relaxation. We must emphasize humane care and improve health check-ups, diagnosis and treatment, psychological counseling services, and crisis intervention mechanisms to relieve physical and mental stress. We must accelerate the promotion of cadres’ and police officers’ participation in work-related injury insurance and personal accident insurance and implement preferential treatment policies for cadres and police officers who are injured or give their lives in the line of duty. We must do everything possible to help solve the practical difficulties of police officers’ housing and family employment, so as to unite the hearts of the people to the greatest extent. We must strengthen the construction of political and legal culture, build a good spiritual home, and guide police officers to work and live happily. 

(四)进一步关心爱护干警,最大限度激发政法队伍生机活力。我们要在思想政治上更关心、工作生活上更关爱干警,努力营造拴心留人的良好环境。更加注重科学用警,合理安排工作生活,落实轮休制度,确保劳逸结合、张弛有度。突出人文关怀,完善健康检查、诊疗、心理咨询服务和危机干预机制,缓解身心压力。加快推进干警参加工伤保险和人身意外伤害保险,把对负伤、牺牲干警的优抚政策落到实处。对干警住房、家属就业等实际困难,要千方百计帮助解决,最大限度凝聚人心。要加强政法文化建设,建设好精神家园,引导干警快乐工作、幸福生活。

VI. Uphold the Party’s leadership over political and legal affairs work and improve the scientific level of the Party’s leadership in political and legal affairs work under the new situation

六、坚持党对政法工作的领导,提高新形势下党领导政法工作科学化水平

Uphold the Party’s leadership over political and legal affairs work is the most distinctive requirement of socialism with Chinese characteristics and the most fundamental guarantee for the judicial system of socialism with Chinese characteristics. The Decision of the Fourth Plenum of the Central Committee pointed out that the Political and Legal Affairs Committee is an organizational form by which the Party committee can lead political and legal affairs work and that it must be adhered to long-term. This is the institutional guarantee for upholding the Party’s leadership in political and legal affairs work. Under the new situation of comprehensive rule of law, Party committees at all levels must strengthen and improve their leadership over political and legal affairs work to provide a strong guarantee for the development and progress of political and legal affairs work. The political and legal committees of Party committees at all levels must focus their work on grasping the political direction, coordinating the functions of all parties, coordinating political and legal affairs work, building political and legal affairs teams, supervising the performance of duties in accordance with the law, and creating a fair judicial environment. They must better guarantee the implementation of the Party line, principles, and policies and ensure the correct and unified implementation of the Constitution and laws. 

坚持党对政法工作的领导,是中国特色社会主义最本质特征的要求,是中国特色社会主义司法制度最根本的保证。四中全会《决定》指出,政法委员会是党委领导政法工作的组织形式,必须长期坚持。这是坚持党对政法工作领导的制度保障。在全面依法治国新形势下,各级党委要加强和改善对政法工作的领导,为政法工作发展进步提供有力保障。各级党委政法委要把工作着力点放在把握政治方向、协调各方职能、统筹政法工作、建设政法队伍、督促依法履职、创造公正司法环境上,更好地保障党的路线方针政策贯彻落实,保障宪法法律正确统一实施。

(i) Be adept at setting the political direction and ensure that the principles of the Party administration of political and legal affairs are implemented. The Party’s leadership over political and legal affairs work is ideological, political, and organizational leadership, and the most important thing is to set a good political direction. The political and legal affairs committees of Party committees at all levels should help political and legal units grasp ideological trends and reform orientations to ensure that the Party line, principle, and policies are implemented. Party organizations in political and legal units must improve their systems for reporting major issues to Party committees to ensure that political and legal work proceeds in the right direction. We must strengthen the building of Party organizations in the various business departments and grassroots units of political and legal institutions and give full play to their role as a fighting fortress. For Party member cadres and police officers,  we must strengthen Party spirit education, strengthen Party awareness, and have them play an exemplary vanguard role through Party member responsibility areas, vanguard posts, and commitment systems. 

(一)善于把好政治方向,确保党管政法的原则落到实处。党对政法工作的领导是思想、政治、组织领导,首要的是把好政治方向。各级党委政法委要帮助政法各单位把握好思想动向、改革导向,确保党的路线方针政策得到贯彻落实。政法各单位党组织要健全重大事项向党委报告制度,确保政法工作沿着正确方向前进。要加强政法机关各业务部门和基层单位党组织建设,发挥好战斗堡垒作用。对党员干警,要加强党性教育,强化党的意识,通过党员责任区、先锋岗、承诺制等形式,发挥好先锋模范作用。

(ii) Be adept at grasping major issues and looking for the overall situation and improve the ability to coordinate and solve major problems. The political and legal affairs committees of Party committees at all levels have the political responsibility of maintaining the overall stability of the society, promoting social fairness and justice, and ensuring that the people live and work in peace and contentment. One by one, we must sort out and be aware of potential risks and major issues affecting national security and social stability in local regions, problematic trends and tendencies in law enforcement and judicial work, symptomatic and recurring problems in the political and legal affairs teams, issues related to the overall and long-term infrastructure and institution building in political and legal work. We must be adept at coordinating all types of resources and work hard to promote solutions. In our work, we must be adept at using the leadership approach where the Party committee oversees the overall situation and coordinates all parties to improve the scientific level of leadership over political and legal affairs work. 

(二)善于抓大事、谋全局,提高统筹解决重大问题的能力。各级党委政法委负有维护社会大局稳定、促进社会公平正义、保障人民安居乐业的政治责任,对本地区影响国家安全和社会稳定的潜在风险、重大问题,对执法司法工作中普遍性、倾向性问题,对政法队伍中苗头性、多发性问题,对事关政法工作全局和长远的基础性设施、机制建设问题等,要逐一梳理,做到心中有数,并善于统筹各方面资源,下功夫推动解决。工作中,要善于运用党委总揽全局、协调各方的领导方式,提高领导政法工作科学化水平。

(iii) Be adept at using rule of law thinking and methods to lead political and legal affairs work and improve the level of rule of law in political and legal affairs work. Under the new situation of comprehensive rule of law, the concepts, systems, and methods of the Party’s leadership over political and legal affairs work must better reflect the laws and requirements of the rule of law. The political and legal committees of Party committees at all levels must be a model of compliance with the law, firmly establish awareness of rules, procedures, and power constraints, be adept at using rule of law thinking to plan political and legal affairs work, and be adept at using the rule of law to solve problems that affect national security and social stability. We must support judicial organs and procuratorial organs in their independent and impartial exercise of their judicial and procuratorial powers in accordance with the law and support political and legal units to independently assume responsibility and coordinate their work in accordance with the Constitution and laws. We must support relevant departments as they deal with violations of the law, such as obstructing judicial organs in exercising their powers in accordance with the law, refusing to implement valid rulings, and contempt of court authority. 

(三)善于运用法治思维和法治方式领导政法工作,提高政法工作法治化水平。在全面依法治国新形势下,党领导政法工作的观念、体制、方法要更好地体现法治规律和要求。各级党委政法委要做守法的模范,牢固树立规则意识、程序意识、权力制约意识,善于运用法治思维谋划政法工作,善于运用法治方式解决影响国家安全和社会稳定的难题。要支持审判机关、检察机关依法独立公正行使审判权、检察权,支持政法各单位依照宪法法律独立负责、协调一致开展工作。对妨碍司法机关依法行使职权、拒不执行生效裁决、藐视法庭权威等违法犯罪行为,要支持有关部门依法严肃处理。

(iv) Be good at grasping key specifics and earnestly enhance the execution of political and legal affairs work. We must do a good job in political and legal affairs work under the new situation, not only require scientific thinking but also strong operational capabilities, and strive to change ideas into plans and plans into actions. In the face of a complicated social environment, political and legal affairs leaders must be good at doing away with the limitations of transactional work, be adept at considering and solving problems from an overall perspective, and truly get straight to the point in their work. We must be good at grasping the essentials, setting clear priorities, identifying the focus of work, grasping the key issues that affect the whole body, and ensuring that central decisions and deployments are implemented. We must strengthen specific guidance and focus on solving practical problems that affect political and legal affairs work. We must strengthen investigation and research, use scientific thinking methods based on the possession of a large amount of information, correctly understand and proactively adapt to changes in political and legal affairs work, be adept at grasping the future of political and legal affairs work, and enhance foresight in the work. We must work hard and continuously hone and improve our governance ability in practice and strive to create a new realm and new atmosphere in political and legal affairs work. We will make new contributions to promote the building of a well-off society in an all-round way, deepening reforms in an all-round way, the comprehensive rule of law, and the comprehensive and strict governance of the Party! 

(四)善于抓住关键的具体,切实增强政法工作的执行力。做好新形势下政法工作,不仅要有科学的思路,而且要有很强的操作能力,努力把思路变方案、方案变行动。面对纷繁复杂的社会环境,政法领导干部要善于从事务性工作的局限中摆脱出来,善于从全局高度思考和解决问题,真正把工作忙到点子上。要善于把握要领,分清轻重缓急,找准工作着力点,抓住牵一发而动全身的关键问题,确保中央决策部署落到实处。要加强具体指导,着力解决影响政法工作的实际问题。要加强调查研究,在占有大量情况信息基础上,运用科学思维方法,正确认识、主动适应政法工作趋势性变化,善于把握好政法工作的未来,增强工作预见性。要真抓实干,不断在实践中磨砺和提高执政能力,努力开创政法工作新境界、新气象,为促进全面建成小康社会、全面深化改革、全面依法治国、全面从严治党作出新贡献!

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Cite This Page

孟建柱 (Meng Jianzhu). "Effectively Improve the Ability and Level of Political and Legal Affairs Institutions to Serve the Overall Situation  [切实提高政法机关服务大局的能力和水平]". CSIS Interpret: China, original work published in People's Court Daily [人民法院报], March 18, 2015

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