加强党对全面依法治国的领导
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Strengthen the Party’s Leadership in the Comprehensive Rule of Law

加强党对全面依法治国的领导

A 2018 speech by Xi Jinping at the inaugural meeting of the Central Committee for the Comprehensive Rule of Law.


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This is the speech by General Secretary Xi Jinping at the first meeting of the Central Committee for the Comprehensive Rule of Law on August 24, 2018.

这是习近平总书记2018年8月24日在中央全面依法治国委员会第一次会议上的讲话的一部分.

The Party Central Committee has decided to establish a Central Committee for the Comprehensive Rule of Law. This is the first time in our Party’s history that such an institution has been established. Its purpose is to strengthen the Party’s centralized and unified leadership over the comprehensive rule of law and coordinate and promote the work involved in the comprehensive rule of law. 

党中央决定组建中央全面依法治国委员会,这是我们党历史上第一次设立这样的机构,目的是加强党对全面依法治国的集中统一领导,统筹推进全面依法治国工作。

I. Fully Understand the Great Significance of the Establishment of the Central Committee for the Comprehensive Rule of Law 

一、充分认识成立中央全面依法治国委员会的重大意义

Since the 18th Party Congress, I have attached great importance to the rule of law, and talked a great deal about it. Currently, our country is in a period of historical confluence where were are achieving our “two centennial” objectives. In order to adhere to and develop socialism with Chinese characteristics, we need to rely on the rule of law even more and strengthen the Party’s leadership of the comprehensive rule of law even more. The Party Central Committee’s decision to establish the Central Committee for the Comprehensive Rule of Law is primarily based on the following considerations. 

党的十八大以来,我是很看重依法治国的,讲得也比较多。当前,我国正处于实现“两个一百年”奋斗目标的历史交汇期,坚持和发展中国特色社会主义更加需要依靠法治,更加需要加强党对全面依法治国的领导。党中央决定成立中央全面依法治国委员会,主要有以下几方面的考虑。

First, there is the need to implement the spirit of the 19th Party Congress and strengthen the Party’s centralized and unified leadership of the comprehensive rule of law. The Fourth Plenum of the 18th Central Committee formulated the top-level design, road map, and construction drawings to promote the comprehensive rule of law. The 19th Party Congress put forward new tasks for advancing the comprehensive rule of law in the new era, clarifying that by 2035, we must basically have established a country under the rule of law, a government under the rule of law, and a society under the rule of law. To better implement these goals and tasks, the Party Central Committee listened to the opinions and suggestions of all parties and decided to establish the Central Committee for the Comprehensive Rule of Law. The committee was established to improve the Party’s leadership system and working mechanism for comprehensively governing the country according to law, strengthen the leadership of the Party Central Committee in areas such as scientific legislation, strict law enforcement, impartial justice, and compliance with the law by all, and more forcefully promote the implementation of the Party Central Committee’s decisions and deployments. 

第一,这是贯彻落实党的十九大精神,加强党对全面依法治国集中统一领导的需要。党的十八届四中全会制定了推进全面依法治国的顶层设计、路线图、施工图。党的十九大对新时代推进全面依法治国提出了新任务,明确到2035年,法治国家、法治政府、法治社会要基本建成。为了更好落实这些目标任务,党中央听取各方意见和建议,决定成立中央全面依法治国委员会。成立这个委员会,就是要健全党领导全面依法治国的制度和工作机制,强化党中央在科学立法、严格执法、公正司法、全民守法等方面的领导,更加有力地推动党中央决策部署贯彻落实。

I have repeatedly spoken of the question of the relationship between Party leadership and the rule of law. Promoting the institutionalization and rule of law of the Party’s leadership is not only a proper means of strengthening the Party’s leadership, but also an important task in constructing the rule of law. Why is it that our country can maintain long-term stability without chaos? The fundamental reason is that we always adhere to the leadership of the Communist Party. The leadership of the Party is the “magic staff” (定海神针, the staff of Sun Wukong in novel Journey to the West) of the continuous development of the Party and the country. For this amendment of the Constitution, on the basis that the preamble of the Constitution confirms the leadership of the Party, we have clearly stipulated in the general outline that the leadership of the Communist Party of China (CCP) is the defining feature of socialism with Chinese characteristics and strengthened the Party’s leadership position in overseeing the overall situation and coordinating all parties. After the amendment of the constitution, the response by all parties has been very good. We must continue to promote the institutionalization and rule of law of the Party’s leadership, continuously improve the Party’s leadership system and working mechanisms, and implement the Party’s leadership throughout the entire process and all aspects of the comprehensive rule of law. 

关于党的领导和法治关系问题,我反复讲过。推进党的领导制度化、法治化,既是加强党的领导的应有之义,也是法治建设的重要任务。为什么我国能保持长期稳定,没有乱?根本的一条就是我们始终坚持共产党领导。党的领导是党和国家事业不断发展的“定海神针”。这次修改宪法,在宪法序言确定党的领导地位的基础上,我们又在总纲中明确规定中国共产党领导是中国特色社会主义最本质的特征,强化了党总揽全局、协调各方的领导地位。宪法修改后各方面反响很好。我们要继续推进党的领导制度化、法治化,不断完善党的领导体制和工作机制,把党的领导贯彻到全面依法治国全过程和各方面。

Only when governing the Party according to regulations goes deep into the hearts of the Party can ruling the country according to the law penetrate into the hearts of the people. Since the 18th Party Congress, we have formulated and revised more than 140 central Party laws and regulations and introduced a number of landmark, critical, and basic institutions for laws and regulations. The issue that there must be rules to follow has basically been solved, and the next step is to enforce the rules strictly so that internal Party laws and regulations can be truly implemented. The vast majority of officials removed due to violations stated that they did not understand Party discipline and national laws in their confessions. Why do so many high-ranking cadres in the Party take the path of crime? The fundamental reason is that their ideals and beliefs have been shaken, but the lack of reverence for Party discipline and national laws is also an important reason. 

依规治党深入党心,依法治国才能深入民心。党的十八大以来,我们制定和修订了140多部中央党内法规,出台了一批标志性、关键性、基础性的法规制度,有规可依的问题基本得到解决,下一步的重点是执规必严,使党内法规真正落地。绝大多数落马官员忏悔时都说自己不懂党纪国法。为什么党内这么多高级干部走上犯罪的道路?根本原因在于理想信念动摇了,但对党纪国法没有敬畏之心也是一个重要原因。

Second, this shows the need to study and resolve major issues and major problems in governing the country according to law and to coordinate and the need to promote the construction of the system of socialist rule of law with Chinese characteristics and a socialist country ruled by law. The comprehensive rule of law is a long-term and important historical task as well as a profound social change. At present, there are many weak links in legislation, law enforcement, justice, and compliance with the law. Reforms in the rule of law field face many difficult obstacles and there is an urgent need to strengthen overall coordination from the level of the Party Central Committee. 

第二,这是研究解决依法治国重大事项、重大问题,协调推进中国特色社会主义法治体系和社会主义法治国家建设的需要。全面依法治国是一项长期而重大的历史任务,也是一场深刻的社会变革。当前,立法、执法、司法、守法等方面都存在不少薄弱环节,法治领域改革面临许多难啃的硬骨头,迫切需要从党中央层面加强统筹协调。

To implement the new development concept and realize the transition of the economy from high-speed growth to high-quality development, we must adhere to the rule of law as our guide. Regarding the relationship between development and the rule of law, there is still the misunderstanding that “development is the most important while the rule of law is merely permitted” (发展要上、法治要让) in some places. Last year, the Party Central Committee dealt with the ecological environment problems of the Qilian Mountain National Park, and a group of Party and government officials were disciplined. The Regulations on the Management of Gansu Qilian Mountain National Park has undergone three revisions and some of its regulations have always been inconsistent with the Regulations of the People’s Republic of China on Nature Reserves. The “intentional laxity” (放水, to throw the game) in legislation and “forfeit” (放弃) of law enforcement have led to serious damage to the Qilian Mountain ecosystem. Such lessons must be taken deeply to heart. 

贯彻新发展理念,实现经济从高速增长转向高质量发展,必须坚持以法治为引领。在发展和法治关系上,一些地方还存在“发展要上、法治要让”的误区。去年,党中央处理了甘肃祁连山国家级自然保护区生态环境问题,一批党政干部受到处分。《甘肃祁连山国家级自然保护区管理条例》历经3次修正,部分规定始终同《中华人民共和国自然保护区条例》不一致,立法上“放水”,执法上“放弃”,才导致了祁连山生态系统遭到严重破坏的结果。这样的教训必须深刻汲取。

The foundation and strength of the Party lie in the people. Now, the people’s yearning for a better life has extended further in the directions of democracy, the rule of law, fairness, justice, security, and the environment. The people’s opinions on chaotic application, inaction, and judicial injustice in law enforcement are relatively unified. This should become the focus and point of effort for our enforcement of the rule of law. For example, some underworld forces have been conducting illegal activities such as the gathering of crowds, monopolistic operations, extortion, and the operation of gambling venues for a long time, but the people dare not say anything. How can underworld forces grow from small to large right under our noses? In my opinion, there are situations in which law enforcement agencies remain inactive. Some local law enforcement agencies have even cooperated with the underworld forces, serving as their protective umbrellas. Law enforcement agencies represent the interests of the people and must not become a protective umbrella for clan forces and underworld forces. In recent years, the judiciary has corrected a number of wrongful convictions from unjust, false, and erroneous cases such as the unjust murder of Gejiletu, the Nie Shubin case, and the Nian Bin case in accordance with the law, which has been well received by the general public. There are many reasons for wrongful convictions, including the lack of basic judicial conscience and responsibility of judicial personnel. Deeper-level causes are that the allocation of judicial powers and the mechanisms through which power operates are unscientific and that institutional mechanisms for the mutual restriction of the powers of investigation, prosecution, trial, and enforcement have not really taken shape. The recent case of the Changchun Changsheng counterfeit vaccine resulted from non-compliance with laws, lax law enforcement, and the view that laws and regulations are nothing important. This requires that we promote strict, impartial, and civilized law enforcement so that the people will truly feel surrounded by fairness and justice. 

党的根基在人民、力量在人民。现在,人民群众对美好生活的向往更多向民主、法治、公平、正义、安全、环境等方面延展。人民群众对执法乱作为、不作为以及司法不公的意见比较集中,这要成为我们厉行法治的聚焦点和发力点。比如,一些黑恶势力长期进行聚众滋事、垄断经营、敲诈勒索、开设赌场等违法活动,老百姓敢怒不敢言。黑恶势力怎么就能在我们眼皮子底下从小到大发展起来?我看背后就存在执法者听之任之不作为的情况,一些地方执法部门甚至同黑恶势力沆瀣一气,充当保护伞。执法部门代表的是人民利益,决不能成为家族势力、黑恶势力的保护伞。近年来,司法机关依法纠正了呼格吉勒图案、聂树斌案、念斌案等一批冤假错案,受到广大群众好评。造成冤案的原因很多,其中有司法人员缺乏基本的司法良知和责任担当的问题,更深层次的则是司法职权配置和权力运行机制不科学,侦查权、检察权、审判权、执行权相互制约的体制机制没有真正形成。最近发生的长春长生疫苗造假案,背后的原因也是有法不依、执法不严,把法律法规当儿戏。这就要求我们必须促进严格规范公正文明执法,让人民群众真正感受到公平正义就在身边。

China is going out into the world and participating in international affairs as a responsible power. We must be adept at applying the rule of law. In external struggles, we must take up legal weapons, occupy the commanding heights of the rule of law, and dare to say no to saboteurs and disruptors. The global governance system is in a critical period of adjustment and reform. We must actively participate in the formulation of international rules and be a participant, promoter, and leader in the process of global governance reform. 

中国走向世界,以负责任大国参与国际事务,必须善于运用法治。在对外斗争中,我们要拿起法律武器,占领法治制高点,敢于向破坏者、搅局者说不。全球治理体系正处于调整变革的关键时期,我们要积极参与国际规则制定,做全球治理变革进程的参与者、推动者、引领者。

Third, there is the need to promote the realization of the “two centennial” objectives and to provide legal assurance for the realization of the Chinese dream of the great rejuvenation of the Chinese nation. Both history and the current reality tell us that the rule of law leads to the prosperity of the country, and the strong rule of law leads to a strong country. Looking at ancient China, all times of prosperity were periods with relatively sound legal systems. During the Spring and Autumn and Warring States Period, the Legalists advocated “rule by law” and put it into practice in the Qin State of Yongzhou. Shang Yang “planted trees and built trust” and emphasized that “laws must be clear and orders must be implemented.” Qin quickly became one of the powerful states and eventually led the unification of the six states under Emperor Qin Shihuang. Liu Bang, who became Emperor Gaozu of the Han Dynasty, “established three chapters of law” with the people of Guanzhong, which played an important role in the Han dominance of China. The 60 headings of the Han legal code formed during the reign of Han Wudi, were used by the Han Dynasty for nearly 400 years. Emperor Taizong of the Tang Dynasty saw obedience to the law as the most important task of governing the country. The Code of the Zhenguan achieved the “rule of during the Zhenguan period” (translator’s note: Zhenguan is the name of the reign period of Tang Taizong). Revisions to the Code of the Zhenguan produced the Tang Code, which laid the legal cornerstone for the flourishing of the Tang Dynasty. World history shows the prosperity of a country often arises with the rule of law. More than 3,000 years ago, when Hammurabi became king of Babylon, he unified the national laws and formulated the Code of Hammurabi, the first statutory law code in human history. The laws in this code were engraved on stone stelae, which brought the kingdom of ancient Babylon into a flourishing period in ancient Mesopotamia. The famous German jurist Rudolf von Jhering said that the Roman Empire conquered the world three times, the first time by force, the second time by religion, and the third time by law. Their force perished due to the demise of the Roman Empire, their religion lost its influence as the people’s ideological consciousness increased and science developed. Only the law with which they conquered the world remains as their most enduring conquest. 

第三,这是推动实现“两个一百年”奋斗目标,为实现中华民族伟大复兴中国梦提供法治保障的需要。历史和现实都告诉我们,法治兴则国兴,法治强则国强。从我国古代看,凡属盛世都是法制相对健全的时期。春秋战国时期,法家主张“以法而治”,偏在雍州的秦国践而行之,商鞅“立木建信”,强调“法必明、令必行”,使秦国迅速跻身强国之列,最终促成了秦始皇统一六国。汉高祖刘邦同关中百姓“约法三章”,为其一统天下发挥了重要作用。汉武帝时形成的汉律60篇,两汉沿用近400年。唐太宗以奉法为治国之重,一部《贞观律》成就了“贞观之治”;在《贞观律》基础上修订而成的《唐律疏议》,为大唐盛世奠定了法律基石。从世界历史看,国家强盛往往同法治相伴而生。3000多年前,古巴比伦国王汉谟拉比即位后,统一全国法令,制定人类历史上第一部成文法《汉谟拉比法典》,并将法典条文刻于石柱,由此推动古巴比伦王国进入上古两河流域的全盛时代。德国著名法学家耶林说,罗马帝国3次征服世界,第一次靠武力,第二次靠宗教,第三次靠法律,武力因罗马帝国灭亡而消亡,宗教随民众思想觉悟的提高、科学的发展而缩小了影响,惟有法律征服世界是最为持久的征服。

Since the dawn of the modern era, Chinese people with lofty ideals also realized this problem. Since the Reform Movement of 1898 and the revision of laws in the late Qing Dynasty, the Chinese have been calling for the rule of law. However, under the historical and political conditions of the time, a reform of the legal system alone could not change the nature of the old Chinese society and the tragic fate of the Chinese people. Our Party has been in power for more than 60 years. Although we have experienced ups and downs, we have remained committed to the rule of law. From the “May 4th Constitution” to the Constitution recently revised; from a “socialist legal system” to “socialist rule of law”; from “there are laws to follow, laws must be followed, law enforcement must be strict, violations must be investigated” to “scientific legislation, strict law enforcement, impartial justice, and compliance with the law by all”, our Party has become increasingly aware that the rule of law is indispensable to governing the country. 

近代以后,我国仁人志士也认识到了这个问题,自戊戌变法和清末修律起,中国人一直在呼吁法制,但在当时的历史条件和政治条件下,仅仅靠法制是不能改变旧中国社会性质和中国人民悲惨命运的。我们党执政60多年来,虽历经坎坷但对法治矢志不渝,从“五四宪法”到前不久新修订的宪法;从“社会主义法制”到“社会主义法治”;从“有法可依、有法必依、执法必严、违法必究”到“科学立法、严格执法、公正司法、全民守法”,我们党越来越深刻认识到,治国理政须臾离不开法治。

In short, whether for achieving the “two centennial” objectives or to realizing the Chinese dream of the great rejuvenation of the Chinese nation, the comprehensive rule of law is both an important content and an important guarantee. We have included the comprehensive rule of law in the “Four Comprehensives” strategic layout. This is to provide long-term and stable rule of law assurance for establishing a well-off society in an all-round way, deepening reforms in an all-round way, and the comprehensive and strict governance of the Party. I have repeatedly emphasized that, in the “Four Comprehensives,” the comprehensive rule of law has a fundamental and safeguarding role. In the overall planning and promotion of great struggles, great projects, great undertakings, and great dreams, and on the new journey of building China into a modernized socialist country in an all-round way, we must allow the rule of law to better play its role in securing the conveying long-term benefits. 

总之,无论是实现“两个一百年”奋斗目标,还是实现中华民族伟大复兴的中国梦,全面依法治国既是重要内容,又是重要保障。我们把全面依法治国纳入“四个全面”战略布局,就是要为全面建成小康社会、全面深化改革、全面从严治党提供长期稳定的法治保障。我多次强调,在“四个全面”中,全面依法治国具有基础性、保障性作用。在统筹推进伟大斗争、伟大工程、伟大事业、伟大梦想,全面建设社会主义现代化国家的新征程上,我们要更好发挥法治固根本、稳预期、利长远的保障作用。

II. Adhere to the Guidance of the New Concept, New Thinking, and New Strategy of the Comprehensive Rule of Law and Unswervingly Follow the Path of Socialist Rule of Law with Chinese Characteristics 

二、坚持以全面依法治国新理念新思想新战略为指导,坚定不移走中国特色社会主义法治道路

Since the 18th Party Congress, the Party Central Committee has made a series of major decisions and proposed a series of major measures for the comprehensive rule of law. We have adapted to the requirements of the development of the Party and the country, improved the legislative system, strengthened legislation in key areas, and improved the socialist legal system with Chinese characteristics. We have insisted on governing the country according to the Constitution, amending the Constitution to keep pace with the times, establishing a national Constitution Day, establishing a constitutional oath system, and comprehensively strengthening the implementation and supervision of the Constitution. We have promoted the construction of a government under the rule of law, drastically reduced matters requiring administrative review and approval, completely ended non-administrative license approvals, established a list of government powers, negative lists, and responsibility lists, standardized administrative powers, and promoted strict, impartial, and civilized law enforcement. We have unswervingly promoted the reform of the rule of law field, abolished the reeducation through labor system, promoted the reform of the judicial accountability system, the post system, and the trial-centered criminal procedural system, corrected a number of major unjust, false and erroneous cases in accordance with the law, and significantly improved judicial quality, efficiency, and credibility. We have insisted on making the popularization (民普, education of the public) and observance of the law the basic work of governing the country according to law, implemented the responsibility system of “whoever enforces the law should popularize the law” for state institutions, incorporated rule of law education into the national education system, and significantly strengthened the concept of rule of law throughout the whole society. We have promoted the construction of rule of law teams, developed and strengthened legal service teams, and strengthen legal education and the training of rule of law talents. We have insisted on governing in accordance with the law, strengthened the establishment of institutions of internal Party laws and regulations, promoted the reform of the national supervisory system, punished crimes of corruption in accordance with the law, and achieved remarkable results in comprehensive and strict Party governance. 

党的十八大以来,党中央对全面依法治国作出一系列重大决策、提出一系列重大举措。我们适应党和国家事业发展要求,完善立法体制,加强重点领域立法,中国特色社会主义法律体系日趋完善。我们坚持依宪治国,与时俱进修改宪法,设立国家宪法日,建立宪法宣誓制度,宪法实施和监督全面加强。我们推进法治政府建设,大幅减少行政审批事项,非行政许可审批彻底终结,建立政府权力清单、负面清单、责任清单,规范行政权力,推动严格规范公正文明执法。我们坚定不移推进法治领域改革,废止劳教制度,推进司法责任制、员额制和以审判为中心的刑事诉讼制度改革,依法纠正一批重大冤假错案件,司法质量、效率、公信力显著提高。我们坚持把全民普法和守法作为依法治国的基础性工作,实行国家机关“谁执法谁普法”普法责任制,将法治教育纳入国民教育体系,全社会法治观念明显增强。我们推进法治队伍建设,发展壮大法律服务队伍,加强法学教育和法治人才培养。我们坚持依法执政,加强党内法规制度建设,推进国家监察体制改革,依法惩治腐败犯罪,全面从严治党成效卓著。

Since the 18th Party Congress, we have put forward a series of new concepts, new ideas, and new strategies for the comprehensive rule of law and clarified the guiding ideology, development path, work layout, and key tasks of the comprehensive rule of law. Overall, these efforts can be grouped into the 10 aspects below. 

党的十八大以来,我们提出一系列全面依法治国新理念新思想新战略,明确了全面依法治国的指导思想、发展道路、工作布局、重点任务。概括起来,主要有以下10方面。

First, uphold the strengthening of the Party’s leadership over governing the country according to law. The leadership of the Party is the most fundamental guarantee of the socialist rule of law. The comprehensive rule of law will not weaken the Party’s leadership in any way, but strengthen and improve the Party’s leadership, continuously improve the Party’s capacity and level of leadership over governing the country by law, and consolidate the Party’s ruling position. We must persist in realizing the Party’s leadership in legislation, ensuring law enforcement, supporting justice, and taking the lead in compliance with the law, improve the institutions and working mechanisms of the Party’s leadership of the comprehensive rule of law, work through legal procedures make the Party’s propositions the will of the state and form laws, and use laws to ensure the effective implementation of the Party’s policies to ensure that the country is moving in the correct direction of the comprehensive rule of law. 

一是坚持加强党对依法治国的领导。党的领导是社会主义法治最根本的保证。全面依法治国决不是要削弱党的领导,而是要加强和改善党的领导,不断提高党领导依法治国的能力和水平,巩固党的执政地位。必须坚持实现党领导立法、保证执法、支持司法、带头守法,健全党领导全面依法治国的制度和工作机制,通过法定程序使党的主张成为国家意志、形成法律,通过法律保障党的政策有效实施,确保全面依法治国正确方向。

Second, uphold the dominant position of the people. The construction of the rule of law must be for the people, rely on the people, benefit the people, and protect the people. We must firmly grasp the pursuit of social fairness and justice as a value of the rule of law and strive to make the people feel the impartiality and justice of every legal institution, every law enforcement decision, and every judicial case. We must implement the whole process of reflecting the people’s interests, reflecting the people’s wishes, safeguarding the people’s rights and interests, and enhancing the people’s well-being through the process of governing the country according to law and ensure that the people manage state affairs, manage economic and cultural undertakings, and manage social affairs through various channels and forms under the leadership of the Party. 

二是坚持人民主体地位。法治建设要为了人民、依靠人民、造福人民、保护人民。必须牢牢把握社会公平正义这一法治价值追求,努力让人民群众在每一项法律制度、每一个执法决定、每一宗司法案件中都感受到公平正义。要把体现人民利益、反映人民愿望、维护人民权益、增进人民福祉落实到依法治国全过程,保证人民在党的领导下通过各种途径和形式管理国家事务,管理经济和文化事业,管理社会事务。

Third, uphold the socialist rule of law with Chinese characteristics. We must take the right road in comprehensively promoting the rule of law. Proceeding from China’s national conditions and reality, we must follow the path to the rule of law that suits us, we must never copy the models and practices of other countries, and we must not follow the so-called “constitutionalism,” “three powers,” and “independent judiciary” of the West. 

三是坚持中国特色社会主义法治道路。全面推进依法治国必须走对路。要从中国国情和实际出发,走适合自己的法治道路,决不能照搬别国模式和做法,决不能走西方“宪政”、“三权鼎立”、“司法独立”的路子。

Fourth, uphold the building of a system of socialist rule of law with Chinese characteristics. The system of socialist rule of law with Chinese characteristics is the legal manifestation of the system of socialism with Chinese characteristics. We must grasp the building of a socialist legal system with Chinese characteristics as our overall starting point, strive to form a complete legal specification system, an efficient implementation system for the rule of law, a strict supervision system for the rule of law, and a strong assurance system for rule of law, form a complete system of internal Party laws and regulations, and continue to create new systems in the comprehensive rule of law. 

四是坚持建设中国特色社会主义法治体系。中国特色社会主义法治体系是中国特色社会主义制度的法律表现形式。必须抓住建设中国特色社会主义法治体系这个总抓手,努力形成完备的法律规范体系、高效的法治实施体系、严密的法治监督体系、有力的法治保障体系,形成完善的党内法规体系,不断开创全面依法治国新局面。

Fifth, uphold the common promotion of national governance, exercise of power, and administration according to law and the integrated construction of a country under the rule of law, a government under the rule of law, and a society under the rule of law. The comprehensive rule of law is a systematic project, which requires coordination, grasping the key points, and overall planning and more attention paid to systemicity, integrity, and synergy. National governance, exercise of power, and administration according to law is an organic whole and the key is that the Party must adhere to exercising power by law, and governments at all levels must adhere to administration by law. The nation, government, and society based on the rule of law have their respective focuses and complement each other. A nation ruled by law is the goal of the construction of the rule of law, a government ruled by law is the main entity for the construction of a nation ruled by law, and a society ruled by law is the basis for building a nation ruled by law. We must be adept at using institutions and laws to govern the country and improve the Party’s level of scientific governance, democratic governance, and governance according to law. 

五是坚持依法治国、依法执政、依法行政共同推进,法治国家、法治政府、法治社会一体建设。全面依法治国是一个系统工程,必须统筹兼顾、把握重点、整体谋划,更加注重系统性、整体性、协同性。依法治国、依法执政、依法行政是一个有机整体,关键在于党要坚持依法执政、各级政府要坚持依法行政。法治国家、法治政府、法治社会三者各有侧重、相辅相成,法治国家是法治建设的目标,法治政府是建设法治国家的主体,法治社会是构筑法治国家的基础。要善于运用制度和法律治理国家,提高党科学执政、民主执政、依法执政水平。

Six, uphold the governance of the country and exercise of power based on the Constitution. To rule the country according to law, the first thing is to adhere to ruling the country according to the Constitution; to govern according to law, the first thing is to adhere to governing according to the constitution. The Party leads the people to formulate and implement the Constitution and laws. The Party itself must act within the scope of the Constitution and laws. All citizens, social organizations, and state institutions must use the Constitution and laws as their codes of conduct and exercise their rights or authority and perform duties or responsibilities in accordance with the Constitution and laws. No one shall have the privilege to go beyond the Constitution and laws, and all violations of the Constitution and laws must be investigated. 

六是坚持依宪治国、依宪执政。依法治国首先要坚持依宪治国,依法执政首先要坚持依宪执政。党领导人民制定宪法法律,领导人民实施宪法法律,党自身必须在宪法法律范围内活动。任何公民、社会组织和国家机关都必须以宪法法律为行为准则,依照宪法法律行使权利或权力,履行义务或职责,都不得有超越宪法法律的特权,一切违反宪法法律的行为都必须予以追究。

Seven, uphold the overall promotion of scientific legislation, strict law enforcement, impartial justice, and respect for the law by all people. To resolve outstanding contradictions and problems in the fields of legislation, law enforcement, justice, and compliance with the law, we must unswervingly promote the reform of the rule of law field. We must firmly grasp the key link in comprehensive rule of law, improve the legislative system, and improve the quality of legislation. We must promote strict law enforcement, rationalize the law enforcement system, improve administrative law enforcement procedures, and comprehensively implement the administrative law enforcement responsibility system. We must support the judiciary in its independent exercise of its powers in accordance with the law and improve the institutional arrangements for the division of responsibility, mutual cooperation, and mutual restraint of judicial powers. We must increase the efforts to popularize the law among all people and cultivate a rule of law environment in which the whole society handles affairs according to the law, goes to the law in case of trouble, solve problems using the law, to resolve contradictions by relying on the law. 

七是坚持全面推进科学立法、严格执法、公正司法、全民守法。解决好立法、执法、司法、守法等领域的突出矛盾和问题,必须坚定不移推进法治领域改革。要紧紧抓住全面依法治国的关键环节,完善立法体制,提高立法质量。要推进严格执法,理顺执法体制,完善行政执法程序,全面落实行政执法责任制。要支持司法机关依法独立行使职权,健全司法权力分工负责、相互配合、相互制约的制度安排。要加大全民普法力度,培育全社会办事依法、遇事找法、解决问题用法、化解矛盾靠法的法治环境。

Eight, uphold the handling of the dialectical relationships involved in the comprehensive rule of law. The comprehensive rule of law requires us to correctly handle the relationship between politics and the rule of law, reform and the rule of law, the rule of law and the rule by virtue, the rule of law, and the governing the Party according to regulations. The socialist rule of law must uphold the Party’s leadership, and the Party’s leadership must rely on the socialist rule of law. “Reform and the rule of law are like the two wings of a bird or the two wheels of a cart.” We must insist on advancing reform under the rule of law and perfect the rule of law in the process of reform. We must uphold the combination of governing the country by law and governing the country by virtue and realize the mutual complementary and enhancement of the rule of law and the rule by virtue. We must give play to the complementary effects of governing the country according to law and governing the Party according to regulations and ensure that the Party both governs the country in accordance with the Constitution and laws and strictly governs and administers the Party in accordance with internal Party laws and regulations. 

八是坚持处理好全面依法治国的辩证关系。全面依法治国必须正确处理政治和法治、改革和法治、依法治国和以德治国、依法治国和依规治党的关系。社会主义法治必须坚持党的领导,党的领导必须依靠社会主义法治。“改革与法治如鸟之两翼、车之两轮”,要坚持在法治下推进改革,在改革中完善法治。要坚持依法治国和以德治国相结合,实现法治和德治相辅相成、相得益彰。要发挥依法治国和依规治党的互补性作用,确保党既依据宪法法律治国理政,又依据党内法规管党治党、从严治党。

Nine, uphold the building of a high-quality legal work team with both ability and political integrity. To comprehensively promote the rule of law, we must focus on building a socialist legal work team that is loyal to the Party, the country, the people, and the law. We must strengthen education on ideals and beliefs, carry out in-depth education on socialist core values and the philosophy of socialist rule of law, promote the formalization, specialization, and professionalization of specialized teams for the rule of law, and improve the level of their professional qualities and specialization. We must persist in moral education, cultivate morality and law, innovate the training mechanisms for rule of law talents, and strive to cultivate a large number of high-quality rule of law talents and reserve forces. 

九是坚持建设德才兼备的高素质法治工作队伍。全面推进依法治国,必须着力建设一支忠于党、忠于国家、忠于人民、忠于法律的社会主义法治工作队伍。要加强理想信念教育,深入开展社会主义核心价值观和社会主义法治理念教育,推进法治专门队伍正规化、专业化、职业化,提高职业素养和专业水平。要坚持立德树人,德法兼修,创新法治人才培养机制,努力培养造就一大批高素质法治人才及后备力量。

Tenth, uphold the seizing on the “critical minority” of leading cadres. Leading cadres’ concrete exercise of the Party’s ruling power and the state’s legislative, administrative, supervisory, and judicial powers is the key to the comprehensive rule of law. Leading cadres must take the lead in respecting the rule of law, respecting the law, understanding and mastering the law, abiding by discipline and law, defending the rule of law, enforcing the rule of law, and acting in accordance with the law, continuously improve their ability to use rule of law thinking and methods to deepen reform, promote development, resolve contradictions, and maintain stability, be a model of respect for law, study of law, compliance with law, and use of law, and drive the whole society to respect for law, study of law, compliance with law, and use of law with practical actions. 

十是坚持抓住领导干部这个“关键少数”。领导干部具体行使党的执政权和国家立法权、行政权、监察权、司法权,是全面依法治国的关键。领导干部必须带头尊崇法治、敬畏法律,了解法律、掌握法律,遵纪守法、捍卫法治,厉行法治、依法办事,不断提高运用法治思维和法治方式深化改革、推动发展、化解矛盾、维护稳定的能力,做尊法学法守法用法的模范,以实际行动带动全社会尊法学法守法用法。

These new ideas, new thoughts, and new strategies are the latest achievements of the Sinicization of Marxist thought on the rule of law and are fundamental to the comprehensive rule of law. We must adhere to them long-term and continuously enrich and develop them. 

这些新理念新思想新战略,是马克思主义法治思想中国化的最新成果,是全面依法治国的根本遵循,必须长期坚持、不断丰富发展。

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Cite This Page

习近平 (Xi Jinping) (2023). "Strengthen the Party’s Leadership in the Comprehensive Rule of Law [加强党对全面依法治国的领导]". Interpret: China, Original work published August 24, 2018, https://interpret.csis.org/translations/strengthen-the-partys-leadership-in-the-comprehensive-rule-of-law-2/

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