The last 12 month, I in the England Xi Jinping, all walks of life in the capital Memorial constitution promulgated the 30 anniversary of the speech failed to learn "timely". Recently, people from all walks of life in the related issues in-depth study and discussion, a few articles I can speak the original and the "people's Daily" to Xi Jinping's three review, the Supreme Court vice president Jiang Bixin and the "study times" article, learn.

 

Xi Jinping: all walks of life in the capital Memorial constitution promulgated the 30 anniversary of the speech

 

December 4, 2012  Source: xinhuanet.com

Xinhuanet.com Beijing 4 December
In the various sectors of the capital Memorial constitution promulgated the 30 anniversary of the speech
December 4, 2012.
Xi Jinping

Comrades, friends:
In December 4, 1982, the five meeting of the five session of the National People's Congress passed the "people's Republic of China Constitution". The current constitution of our country promulgated has been 30 years. Today, we are gathered here, to commemorate this historic and practical significance of the event, is to ensure the full and effective implementation of the constitution, to promote and implement the spirit of the party's eighteen big comprehensive.
History always gives people a profound lesson. Reviewing the development of our country's constitutional system, we feel more, the constitution of our country party and people to work hard and perseveringly and create brilliant achievements are closely linked, closely linked to people's party and open the way forward and accumulated valuable experience.
The current constitution of our country can be traced back to 1949, the "provisional constitution China people's Political Consultative Conference common program" and in 1954 a session of the National People's Congress meeting of the "people's Republic of China Constitution". These documents are in the fundamental law of the state in the form of confirmation, modern 100 years China's heroic struggle against domestic and foreign enemies, fighting for independence and freedom and well-being of the people nation, confirmed that the leadership of the Communist Party of Chinese China people's victory, the new democratic revolution China people power revolution.
In 1978, the party held the historic Third Plenary Session of the eleven, ushered in the new historical period of reform and opening up, develop socialist democracy, improve the socialist legal system has become the basic policy of the party and the country not to move or retreat. It was at this meeting, Comrade Deng Xiaoping pointed out that: "in order to safeguard the people's democracy, we must strengthen the legal system. We must make the institutionalization of democracy, law, make the system and laws do not change because of changes in the leadership, not to change the views of leaders and the changes of attention." According to the party's eleven plenary session established guidelines and policies of socialist construction in China, and summarizes two aspects of experience, draw profound lessons of ten years of the "Cultural Revolution", referring to the world socialist success and failure, gain and loss, to adapt to China's reform and opening up and socialist modernization construction, strengthen the new requirements of the socialist construction of democracy and legal system, we have developed the current constitution of our country. At the same time, the constitution only constantly adapt to the new situation, to absorb the new experience, confirm the new achievements, can have the lasting vitality. In 1988, 1993, 1999, 2004, the National People's Congress of our constitution and part of the contents of individual terms make corrections necessary, is also very important, so that the constitution of our country the pace of the times on the basis of maintaining the stability and authority, to keep up with the times.
Our country in the constitution form, established the development road, Chinese socialist theory, socialist China characteristics Chinese socialist system, to reflect the common will of the people of all our ethnic groups and the fundamental interests of the new historical period, become the central task of the party and country, the basic principles, important policy, an important policy in the country the highest expression of legal system.
In 30 years, the constitution of our country legal status to the supreme and powerful legal force, a strong guarantee for the people to be in power, to promote the reform and opening up and socialist modernization construction, a strong impetus to the socialism country under the rule of law, to promote the cause of human rights development, effectively safeguarded national unification, ethnic unity and social stability, on the China's political, economic, cultural and social life, which has extremely profound influence.
The development course of 30 years of full proof, the constitution of our country is in conformity with the national conditions, in line with the actual, accord with the requirements of the development of the times, is fully reflect the constitution people's common will, can fully guarantee the people's democratic rights, to safeguard the fundamental interests of the people, is to promote national development, and ensure that the people to create a happy life, better protection of the constitution the revival of Chinese nation, is the basic legal system of our country and people stood all kinds of difficulties and risks, China along the socialist road ahead.
Then go back to the development of new China was founded 60 years since the constitutional system of our country, we can see clearly, constitution and national future destiny, people. Maintaining the authority of the constitution, is the maintenance of the party and the people's common will of the authority. To defend the dignity of the constitution, is the party and the people's common will to defend the dignity of the. To ensure the implementation of the constitution, is to ensure the realization of the fundamental interests of the people. As long as we should respect and effective implementation of the constitution, the people be in power is guaranteed, the party and the national enterprise will develop smoothly. Conversely, if the constitution is brushed aside, weakened or even destroyed, people's rights and freedom can not guarantee, the party and the national enterprise will suffer setbacks. These derived from the long-term practice of valuable inspiration, we must cherish. We should more consciously abide by the constitutional principle, promote the spirit of the constitution, fulfill the mission.
At the same time, we should also see the problems, mainly displays in: the monitoring mechanism to ensure the implementation of the Constitution and the specific system is not perfect, laws, lax enforcement of the law, illegal not to investigate the phenomenon still exists in some places and departments; the law enforcement and judicial problems related to the vital interests of the people is more outstanding; some public officials breach of privilege, dereliction of duty, break even or serious damage to national legal authority; citizens including some leading cadres of the constitution consciousness remains to be further improved. On these issues, we must attach great importance to, be addressed effectively.
Comrades, friends!
The party's eighteen big stress, the rule of law is the basic policy that the party leads the people in running the country, the rule of law is a basic way of governing the country, we should pay more attention to play an important role in the state governance and the rule of law in social management, promote the rule of law, accelerate the construction of a socialist country under the rule of law. To achieve this goal, we must comprehensively implement the constitution.
The full implementation, is building a socialist country ruled by law and the primary task of the foundation work. The constitution is the fundamental law of the state, is the general regulations safeguard a country, has the legal status, the highest authority of law, legal effect, has a fundamental, overall, long-term, stability. The people of all ethnic groups, all state organs, armed forces, political parties, social organizations, enterprises and institutions, the country must take the constitution as the basic standard of conduct, and for the maintenance of the dignity of the constitution, to ensure the implementation of the constitution duties. Any organization or individual, may have beyond the constitutional and legal privileges. All activities that violate the Constitution and laws, must be investigated.
The life of the constitution lies in the implementation, the authority of the Constitution also lies in the implementation. We will unremittingly to the implementation of the constitution, the full implementation of the constitution to a new level.
First, adhere to the correct political direction, not to move or retreat go China socialist political development road. Since the reform and opening up, our party to unite and lead the people made important progress in the development of socialist democratic politics, the successful development and adhere to the path of political development under socialism with China characteristics, in order to achieve the most extensive democracy established in the right direction. The core of the political development road, the main content of thought, the basic requirements, both in the constitution has been confirmed and reflect, its essence is closely linked, communicated with each other, mutual promotion. Basic system and the basic task of the nation, the national core of leadership and the guiding ideology, the people's democratic dictatorship led by the working class and based on the worker peasant alliance, the constitution, the people's congresses, Chinese CPC led multi-party cooperation and political consultation system, the system of regional ethnic autonomy and grass-roots mass self-government system, the patriotic united front in principle, the socialist legal system, the principle of democratic centralism, respect and safeguard human rights principle, and so on, the establishment of the constitution system and principles, we must adhere to for a long time, carry out in the round, continuous development.
Adhere to the path of political development under socialism with China features, the key is to adhere to the leadership of the party, the people be in power, the rule of law, to ensure that people be in power as the fundamental, to enhance the vitality of the party and state, to mobilize the enthusiasm of the people as the goal, expand socialist democracy, and develop socialist political civilization. We will adhere to all state power belongs to the people of the constitutional principle, extensively mobilize and organize the people in accordance with the provisions of the Constitution and the law, the exercise of state power by the people's congresses at various levels, through various channels and in various ways to manage state and social affairs, manage economic and cultural undertakings, build, share, common development, become the country, master the society and their own destiny. We should be in accordance with the constitution of the principle of democratic centralism, the state regime and rules, the people's Congress exercise unified state power, the implementation of the decision-making power, executive power, supervision power both rational division of work and coordination, to ensure that state organs exercise their functions and powers in accordance with the statutory authority and procedures, perform their duties to ensure that state organs, unified and effective organization the cause of. We according to the constitution of system and principle, correctly handle the relationship between central and local, correct handling of ethnic relations, properly handle the interests of all parties, to mobilize all positive factors, the consolidation and development of democracy and unity, be lively and vivid, stability and harmony. We want to expand people's democracy, new requirements to promote economic and social development, actively and steadily push forward the reform of political system, people's democracy more extensive, more fully, more perfect, give full play to the superiority of China's socialist political system, continue to promote socialist political system self perfection and development.
Second, the implementation of the basic strategy of governing the country according to law, accelerate the construction of a socialist country under the rule of law. The Constitution establishes the basic principle of socialist legal system, the provisions of the people's Republic of China to implement the rule of law, building a socialist country ruled by law, the national safeguard the uniformity and dignity of the socialist legal system. To implement the basic strategy of governing the country according to law, accelerate the construction of a socialist country under the rule of law, we must comprehensively carry out the scientific legislation, strict law enforcement, judicial justice, the law-abiding process.
We must take the constitution as the supreme law, continue to improve the socialist legal system with the constitution as the commander in chief of the national China characteristics, the cause and work into the legal track, the law, the law, strict law enforcement, law, safeguard social fairness and justice, the realization of national and social life institutionalization, legalization. The National People's Congress and its Standing Committee to strengthen key areas of legislation, expand people's Orderly Participation in the legislative process, by laws promote the implementation of the constitution, guarantee system and the principles of the Constitution be implemented. The State Council and the legislative power of the local people's Congress and its Standing Committee to enact and amend the regulations of administrative regulations and local matching and the law of the Constitution and laws, ensure the effective implementation of. The state administrative organs, judicial organs, procuratorial organs should adhere to administration according to law, fair justice, accelerate the construction of the government under the rule of law, improving the public credibility of the judiciary. The State Council and the local people's governments at various levels as the executive organ of the state power, as the state administrative organs, plays an important role in the Constitution and the law strictly implemented, to standardize government behavior, and earnestly do strictly regulate the fair and civilized law enforcement. We should deepen the reform of the judicial system, ensure the exercise judicial power independently and impartially according to law, the procuratorial power. The relevant supervisory organs of the NPC and its Standing Committee and the state to assume the constitutional and legal supervision, strengthen the implementation of the Constitution and the law of supervision and inspection, supervision mechanism and procedures, and resolutely correct constitutional violations. The local people's Congress and its Standing Committee to exercise their functions and powers according to law, guarantee that the Constitution and legal compliance and implementation in the administrative area.
Third, adhere to the people's main body status, to guarantee the civil rights and obligations. Basic civil rights and obligations is the core content of the constitution, the constitution is the fundamental guarantee that every citizen enjoys the rights, obligations. The constitution is the foundation of the people's heartfelt support from the constitution, the power lies in the people from a genuine belief. Only by ensuring that all citizens are equal before the law, respect and safeguard human rights, and ensure that the people enjoy extensive rights and freedoms in accordance with law, constitution can win support among the people, into the masses of the people, the implementation of the Constitution can truly become the conscious action of all the people.
We should be in accordance with the law to protect all citizens enjoy extensive rights, safeguard the citizen's personal rights, property rights, the basic political rights and other rights are not violated, to ensure that all aspects of civil economy, culture, society and other rights are implemented, and strive to maintain the interests of the overwhelming majority of the people of Gen Benli, safeguard the people's aspiration for and pursuit of a better life. We shall just to people's demands, and strive to let the people can feel the fairness and justice in each judicial cases, never let the people's rights and hurt people's feelings, damage the trial unfair. We should strengthen the publicity and education in the whole society, to improve all the people especially the staff of state organs and leading cadres at all levels and awareness of the Constitution and the legal system, promoting the spirit of socialist rule of law, to cultivate socialist legal culture, let the make known to every family, to form a good atmosphere for teaching people abide by the law in the whole society. We need to make unremitting efforts, in the whole society to firmly establish the authority of the Constitution and laws, let the masses fully believe in the law, legal consciousness, so that the masses to realize the Constitution not only is the code of conduct that all citizens must follow, but legal weapons to protect the rights of citizens. We want to put constitutional education is an important content of education of the party members and cadres, make personnel cadre of leaders of all levels and state organs and master the basic knowledge of the constitution, set up the loyal to the constitution, abide by the constitution, maintain the consciousness of constitution. The law is written ethics, morality is the inner law. We must make the law and morality, attaches great importance to moral standard function of citizenship behavior, guide the citizens to safeguard the legitimate rights and interests, and consciously fulfill legal obligations, do the rights and obligations in accordance.
Fourth, adhere to the leadership of the party, pay more attention to improving the party's style of leadership and governance. The rule of law, is the first rule of constitution; administration according to law, the key is ruling by constitution. Under the new situation, our party should perform the responsibility of governing and rejuvenating the country, must be in accordance with the party constitution strictly, according to the constitution of governance. The Party led the people to formulate the Constitution and laws, the Party led the people to implement the Constitution and laws, the party must activities within the range of constitution and law, and truly the Party leadership legislation, law enforcement, law-abiding ensure lead.
We must adhere to the Party leadership core role of overall, coordinated, adhere to the basic principles of ruling the country by law and ruling by law the basic mode, make the party's views through legal procedures become the will of the state, be good at that candidates recommended by Party organizations become the state leaders, at the implementation of the party's leadership over the state and society through the national the organs of political power, support in state organs, administrative organs, judicial organs, procuratorial organs in accordance with the Constitution and laws, independent responsible for coordination work. Party organizations at all levels and Party members and cadres should take the lead to enforce the rule of law, improving the ruling ability and level, promote the institutionalization, the law governing activities. Leading cadres at all levels should improve the use of legal thinking and the rule of law, promote the development way of deepening reform, resolve conflicts, maintain stability, efforts to promote the formation of according to law, failing to find law, to solve the problem of usage, resolve conflicts by good law environment law, promote the work on the legal track. We need to perfect the power restriction and supervision system, power comes with responsibility, with the right supervision, dereliction of duty to accountability, shall be investigated for illegal, ensure that the power entrusted by the people is always used for the people's interests.
Comrades, friends!
The whole Party and the people of all ethnic groups to unite closely around the Party Central Committee, hold high the great banner of socialism China characteristics, adhere to the Deng Xiaoping theory, the important thought of "Three Represents", Scientific Outlook on Development as guidance, adhere to the rule of law, administration by law, administration according to law to jointly promote the construction of rule of law, adhere to the development of society, the government under the rule of law, rule of law, put the the spirit of the party's eighteen big implement the work, built for the comprehensive well-off society, create a new situation in building socialism with Chinese characteristics and work hard!

 

To uphold the constitution, is the maintenance of the party and the people's common will

A theory -- Xi Jinping promulgated the 30 anniversary of the speech in the existing constitution

"People's Daily" December 7, 2012

 　
Our commentator

As the fundamental law of the state, the supreme constitutional position. In the contemporary China, from the national point of view, the constitution is the general rules to safeguard a country; for the people, the constitution is "a book for rights of citizens"; our party in governing and rejuvenating the country, constitution is the guarantee of legal system.
Memory of all walks of life in the Capital Constitution promulgated the 30 annual general meeting, the General Secretary Xi Jinping national future and the destiny of the people from the height, from the global cause of socialist Chinese characteristics, a comprehensive review of the development history of our constitutional system, it discusses the deep constitutional supremacy, summarizes and puts forward four requests the full implementation of the constitution, this is our party constitution to know another sublimation, we ensure the effective implementation of the constitution, to promote the spirit of the party's eighteen largest, has great significance.
China's current constitution was promulgated in 1982. Trace to its source, can be traced back to the 1949 "common program" and "the five four constitution"; then, in 1988, 1993, 1999, 2004, four important amendments. Reviewing the development of our country's constitutional system, characterized by a particularly sharp: our constitution of Party and people to work hard and perseveringly and create brilliant achievements are closely linked, closely linked to people's party and open the way forward and accumulated valuable experience.
In 30 years, the constitution of our country legal status to the supreme and powerful legal force, the fruits of development road, socialism established Chinese characteristics of the theoretical system of socialist China characteristics, Chinese socialist system, a strong guarantee for the people to be in power, to promote the reform and opening up and socialist modernization construction, a strong impetus to the socialism country under the rule of law, powerful to promote the development of human rights, safeguarding the national unity, national unity, social stability, on China's politics, economy, culture and social life, which has extremely profound influence.
"As long as we should respect and effective implementation of the constitution, the people be in power is guaranteed, the party and the national enterprise will develop smoothly. Conversely, if the constitution is brushed aside, weakened or even destroyed, people's rights and freedom can not guarantee, the party and the national enterprise will suffer setbacks." Review the development course of 30 years, summed up the historical experience of 60 years since the establishment of the new China, not only can draw a convincing conclusion, the current constitution of our country is to promote national development, and ensure that the people to create a happy life, better protection of the revival of Chinese nation; it contains a valuable inspiration: maintaining the authority of the constitution the party and the people, is the maintenance of the common will of the authority. To defend the dignity of the constitution, is the party and the people's common will to defend the dignity of the. To ensure the implementation of the constitution, is to ensure the realization of the fundamental interests of the people.
Adhere to the principle of the constitution, promote the spirit of the constitution, fulfill the mission. Keep to the correct political orientation, not to move or retreat go Chinese socialist political development road; the implementation of the basic strategy of governing the country according to law, accelerate the construction of a socialist country under the rule of law; adhere to the principal position of the people, safeguard citizen rights and obligations; uphold the party's leadership, pay more attention to improving the party's style of leadership and governance, in accordance with the four requirements put forward by the Secretary General Xi Jinping, we will make the "changing the Constitution on the paper" to "real constitution", the full implementation of the constitution to a new level, the common will of the party and the people into a powerful driving force for national rejuvenation.

 

The life of the Constitution and the authority lies in the implementation
Two on the thirty anniversary of Xi Jinping -- published by Congress in the existing constitution

"People's Daily" December 11, 2012

Our commentator

"The life of the constitution lies in the implementation, the authority of the Constitution also lies in the implementation. We will unremittingly to the implementation of the constitution, the full implementation of the constitution to a new level." General Secretary Xi Jinping speech, expounded the Constitution's life depends on our strength lies, but also pointed out the our country the main task and basic work.
About the constitution, the key lies in the implementation of. The constitutional power, not only because of its high position, but also its effective implementation. Whether it is the highest legal status, clear the legal authority, legal effect, or that the constitution of the fundamental, overall, long-term, stability, it is reiterated that the constitution supremacy, but also set up a kind of ideal of rule of law, it is to give us the respect, into a reality in the rule of law practice.
To strengthen the implementation of the constitution, is to make the constitution from the paper's constitution, to the reality of the Constitution and the action in the constitution, "all laws, administrative regulations and local regulations may contravene the constitution"; "any organization or individual may be beyond the Constitution and legal privileges"; implementation "all acts of violation of the constitution must be investigated", let the Constitution by implementing gain life, make the constitution become true power, so as to achieve the purpose, highlight the Constitution Constitution value.
Today, we emphasize the implementation of constitution, not only because we had a history lesson two sides, but also because the level of implementation of the Constitution and promote the process of rule of law is closely related to. Ought to see, the current implementation of the Constitution also has some obvious shortcomings, mainly in the monitoring mechanism to ensure the implementation of the constitution, and the system is not perfect, laws, lax enforcement of the law, illegal not to investigate the phenomenon still exists in some places and departments; the law enforcement and judicial issues related to people's immediate interests of some office is more outstanding; personnel breach of privilege, dereliction of duty, break even or serious damage to national legal authority; citizens including some leading cadres of the constitution consciousness remains to be further improved. To improve the implementation of the constitution, it is necessary for these problems seriously, cogent solve.
The implementation of the constitution is a system engineering. Only by adhering to the leadership of the party, the people be in power, the rule of law, carry out in the round, the development system and the principle of constitution of our country, we can grasp the correct political direction, not to move or retreat go China socialist political development road. Only with the constitution as the supreme law, comprehensively promote the scientific legislation, strict law enforcement, judicial justice, the law-abiding process, we can implement the basic strategy of governing the country according to law, accelerate the construction of a socialist country under the rule of law. Only by ensuring that all citizens are equal before the law, respect and safeguard human rights, and ensure that the people enjoy extensive rights and freedoms in accordance with law, constitution can win support among the people, into the masses of the people, the implementation of the Constitution can truly become the conscious action of all the people. Only by adhering to the basic principles of ruling the country by law and ruling by law the basic mode, so that the party's activities within the range of constitution and law, and truly the Party leadership legislation, law enforcement, take the lead in law guarantee, we can make the constitution become the highest behavior of all state organs and their staff standard.
"As long as we should respect and effective implementation of the constitution, the people be in power is guaranteed, the party and the national enterprise will develop smoothly." Ensure the full and effective implementation of the constitution, we will inject new vitality for the construction of the socialist country ruled by law, the constitution will be firm and the Chinese nation to move towards the democracy and the rule of law, civilization and prosperity Road Foundation and strong security.

 

The rule of law to govern a country by the Constitution

The thirty anniversary of Xi Jinping -- published by Congress in the existing constitution

"People's Daily" December 13, 2012

Our commentator

"The rule of law, is the first rule of constitution; administration according to law, the key is ruling by constitution." General Secretary Xi Jinping speech, from the constitution as the fundamental law of the state's situation, in order to fully implement the basic strategy of governing the country according to the law, improving the party's style of leadership and governance direction.
The rule of law is the first rule of constitution. According to the law of "law", refers to the constitution as a complete legal system core by a variety of legal norms. Among them, the constitution as the fundamental law of the state, is the most important of all the law in the law, is the core of the whole legal system. All of our law, are based on the constitution, are specific to the spirit of the constitution, principle and system. Therefore, according to the constitution is not only the inevitable requirement of the rule of law, the first meaning is the rule of law.
China's constitution stipulates the fundamental system of the country, provides the standard of national public power organization, responsibilities and actions, establish the state power division and mutual supervision mechanism. According to the constitution, is in accordance with the constitutional requirements, good operation specification of national public power, strengthen the effective supervision of public power. Because many of the provisions of the constitution is mainly depend on the state organs to perform, so that according to the constitution, an important aspect, is the national organs and staff members at all levels, especially the leading cadres should take the lead in learning the constitution, familiar with the constitution, abide by the constitution, constitutional law, strictly in accordance with the constitution, the constitution as the fundamental principle.
"The Party led the people to formulate the Constitution and laws, the party must activities within the range of constitution and law." Under the new situation, our party should perform the responsibility of governing and rejuvenating the country, must be in accordance with the party constitution strictly administering the party, the constitutional basis for governing the country, truly the Party leadership in legislation and enforcement, law guarantee lead. Make the party's views through legal procedures become the will of the state, be good at that candidates recommended by Party organizations to become the leading personnel of state organs, at the implementation of the party's leadership over the state and society by the organs of state power, only do this three "good", can we truly adhere to the basic strategy of governing the country according to law, constantly optimize the administration according to law the basic way, better improve the ruling ability of the party.
"No organization or individual may be beyond the constitutional and legal privileges, must not be allowed to speak on behalf of the law, the right pressure method, the." According to the constitution, ruling by constitution, at the core of the concept, key in the key ability, in the implementation of. On the one hand, leading cadres at all levels should improve the ability of using law consciousness, thinking and deepen reform, promote the development of rule of law, resolve conflicts, maintain stability, efforts to promote the formation of according to law, failing to find law, to solve the problem of usage, resolve conflicts by good law environment law, promote the work on the legal track. On the other hand, we have to perfect the power restriction and supervision system, power comes with responsibility, with the right supervision, dereliction of duty to accountability, shall be investigated for illegal, ensure that the power entrusted by the people is always used for the people's interests.
Constitution supremacy, is the important content and symbol of a country's modernization. Starting from the constitution, we will embark on the construction of the rule of law with the constitution as the main road; foundation, we can get the vigorous vitality of the party and national prosperity.

 

Promoting the rule of Law -- Some Thoughts on eighteen report as the background of learning party

2012-11-20  Source: People's Forum magazine (2012 November (next) 385th)

Jiang Bixin (the author is a member of leading Party group, vice president of the Supreme People's court)

The eighteen Party Congress report pointed out: "comprehensively promote the rule of law", "speed up the building of a socialist country under the rule of law", highlights the Party Central Committee attaches great importance to the construction of rule of law. To comprehensively promote the rule of law, accelerate the construction of a socialist country ruled by law, the rules governing efforts, in Chinese features to force, to speed up the construction of with the strength, the comprehensive advancement, results in effective governance.

To bring "democracy", "freedom", "equality", "rule of law", "justice", "honesty", "harmonious" concept into the socialist core value system

"Democracy", "freedom", "equality", "rule of law", "justice", "honesty", "harmonious" concept, is not only the basic principles of peaceful coexistence of mankind, but also the basic conditions for human survival and development of the community; these ideas is not the patent of capitalist, but common human civilization create; moral humanistic value of these ideas is the rule of the basic conditions, to a belief is also the rule of law. These concepts as the patent of the bourgeoisie and capitalism together, not only artificially deprived the right to speak, and drive the fish into deep waters made capitalist human moral advantage. These concepts into the socialist core value system, it can enrich the contents of the socialist core value system, and the system of socialist value and other value system has a certain generality and compatibility, so as to form a communication and peaceful coexistence conditions and bridge; even the socialist rule of law has a richer, but also make the socialist rule of law is more charisma and influence; in the whole society to promote these ideas, not only conducive to the basic value of the rule of law to take root in the earth Chinese, but also conducive to the enforcement of the laws; not only to create conditions for the implementation of rules governing in Chinese earth, also to lay a solid ideological foundation for the construction of rule of law.
To further highlight the status of the construction of rule of law in the general layout of socialist China characteristics in the
For a long time, we will be the construction of the rule of law as a part of political construction, to comprehensively promote the rule of law, accelerate the construction of a country under the rule of law today, should further highlights the status of legal construction in the general layout of socialist China characteristics in the.
First of all, the rule of law is the basic policy that the party leads the people governing principle politics, political construction is difficult to cover all of its content; secondly, although the rule of law and politics has great relevance, but the rule of law has its own rules of quality, but also has its unique construction law; again, not only the political construction cannot do without the rule of law, construction the economic, social, cultural, ecological and other aspects are also cannot do without the rule of law; finally, in order to avoid the tragedy of Soviet socialism, socialism should China more prominent position in the layout of the overall construction of the rule of law.
To ensure the people to enjoy extensive rights and freedoms as at least the responsibilities of governing for the people
The ruling party to achieve the power for the purpose, to ensure that the people enjoy extensive rights and freedoms under the law must first. This is because: the only people's legitimate interests, needs, wishes and demands of right, can make people into public power organ specific statutory duties, in order to make the legitimate demands, the wishes and aspirations of the people into a claim with legal protection, to serve the people embark on an open, a transparent, equitable, and sustainable way, can the people's legitimate rights and interests of the rule by law and judicial relief. To ensure that the people enjoy extensive rights and freedoms in accordance with the law, to do an article on "extensive": not only to protect people's private rights, but also to protect the people's right; not only to recognize the legal civil rights, but also with the interests of the basic human rights recognized national; to not only continue to expand people's political rights, but also to continue the expansion of national economic and social cultural environment right; not only to strengthen the protection of the right to freedom, but also to strengthen the protection of right to equality; not only to protect the human rights, but also to protect children's rights. Two in the "guarantee" Kung Fu: one to exercise the right to provide the necessary resources; two to every right corresponding obligations or duties with corresponding support; three to effectively prevent the right from the abuse of public power; four to guarantee the equal rights of the exercise; five to improve the relief mechanism of damaged the.
To make effective supervision on the public power and control as the core content of the construction of rule of law
The supervision and restriction on the public power, is a basic element in any legal form; public power has dual character, only the law can make its weakness and draw on the advantages and avoid disadvantages; the biggest danger to destroy the rule of law in general are from the public power; only the constraint of public power, citizen's rights and freedom can realize security. Effective supervision and restriction on the public power, should be in the following several aspects: hard to scientific allocation of power, the decision-making power, executive power, supervise and coordinate with each other; to regulate the operation of the power, set a clear scope, conditions, procedures and limit for the operation of power; to prevent the abuse of power, the legitimate purpose and set reasonable basis and requirements for the exercise of power; to strict supervision of power, the illegal or improper exercise of power to effectively correct; to improve the rights of recovery mechanism, so that by the public power against the private benefits of timely compensation.
The constitutional government as the leadership of the party, be in power, the people of the country according to law three basic path of organic unity
Organic and unified leadership, the people, be in power according to the law of the party, is to deepen the understanding of the ruling law of the Communist Party of China, is the ruling party for more than sixty years administration experience. The organic unity of the three, not only reflect the basic laws of modern democratic politics, but also embodies the basic principles of the relation between the party and the country and the people. In order to realize the organic unity of the three, must walk the road of the constitutional government: the activities of the party must be in the Constitution and law, any organization or individual shall be beyond the constitutional and legal privileges; should the party through constitutional path absorption, integration, expression of public opinion, and the party's will and policy into the will of the state and the law through the legislative procedure; the party's leadership in the system of people's Congress of the fundamental political system, and through the authority of the legislative election, recall, major personnel matters and right to supervise the leadership of the state; to make the provisions of the State Party leadership and the constitution of the state power operation coordinated, unified, ensure the administration according to law, judicial administrative organs shall exercise its powers independently and impartially.
To use the law thinking and the rule of law reform, development, treatment of dispute resolution, to maintain stability problems
The Constitution and the law is the expression of the will of the people of the specification, is a concentrated expression of the will of the state, but also a variety of organic integration of the policy. Therefore, the Constitution and the law are all organizations and individuals must follow the guidelines. The rule of law is the basic way of governing the country and managing the society. Whether it is to deepen the reform and promote the development of, or resolve conflicts and maintain stability, will not be any excuse to speech generation method, power presses the law, the rule of law, should be thinking of planning and decision-making, must carry on the judgment and processing to the rule of law. In accordance with the statutory authority to others, shall not exceed or in disguised form beyond the authorities or the job scope, not free to expand their scope of authority, even if the legitimate purpose or exercising authority in law; to work in accordance with the statutory conditions, not misinterpret the statutory conditions for the authority, and shall not be arbitrarily changed the legal conditions for its exercise the authority, do not ignore the legal condition in exercising their functions and powers in accordance with legal procedures; to act, shall not derogate from or increasing the number of steps and legal ways, shall not be reversed the order of legal procedures, must not ignore the law form or standard, shall not violate the provisions of the law of the period and time requirements; according to the rules of evidence, incident must meet the requirements of the facts, the facts must have sufficient evidence to support the use of materials, the evidence must be legitimate objective and with the facts to be proved with relevance; to act according to the principle of reasonable, not interference factors should not be considered or refused to consider the factors should be taken into consideration, not the principle of proportion the principle and purpose, the justice; not abuse the interpretation of laws and the entity right Discretion or program.
To build fully, goodness and embody democracy legal supply mechanism based on the improvement of socialist legal system
Comprehensively promote the rule of law, need to regulate supply. Adhere to the original single source of law has been unable to meet the needs of practice of the rule of law, it is necessary to enlarge the sources of law, and even can be restricted to the judicial precedents, trading habits, legal principle, according to the international practice as a referee, to make up the shortage of supply of law, also should be established to expand or limit the legal interpretation of the rules, fill the law of positive or negative holes through the legal process. In order to ensure the quality of legal norms and enhance scientific legislation level, structure should further improve the legislature members of the legislative process, improve the level of construction of justification, pre evaluation of system legislation cost and benefit, the establishment of debate mechanism, optimize consultation system, improve legislation technology, standardizing legislation form, determine the standard substance and form of legal norms, censorship mechanism established legal norms before or after the event, the establishment of evaluation mechanism, perfecting the law amendment and repeal system etc.. Especially to improve legislation the essence of the process of democratization level, to expedite public opinion expression mechanism and the docking mechanism of public opinion and legislation, setting the legislature members to contact voters obligations, the relationship between the interests of the group for members of the legislature and "outside", perfect the legislation hearing (including hearing and other forms), integration of absorbing opinions and the major legislative referendum, to establish the internal organs of power restriction and coordination mechanism, establish the legislative members and the legislature accepted voters and public supervision system, etc..
In view of the system engineering and construction of the law enforcement system
Law enforcement and strict enforcement of the law is a system engineering. First of all, it is necessary to study how to make legal norm itself can be implemented, has no legal norms implementation possibility will undoubtedly increase the implementation cost, even if the law enforcement and judicial personnel are difficult to achieve tax one's ingenuity. Therefore, special attention should be paid to the legal norms of the operation, implement resource matching, legal norms and legal norms of the acceptability of the power and ability of self realization. Secondly, to explore the legal implementation of necessary system and legal facilities, the state must provide the system, facilities and material guarantee for the implementation of the law of strong. Thirdly, quality and ability to carefully study the needs of the implementation of the law enforcement and judicial personnel, and develop as the law required quality and ability training to provide necessary conditions and mechanism. Next, environmental factors to study law, and create the necessary law enforcement and judicial environment for law. Finally, to study how to overcome the legal implementation obstacles and resistance, targeted for program design, system prevention and mechanism of barrier, according to China's current situation, it is necessary to exclude the "human", "relationship", "money", "power" of the implementation of the law of the interference as the focus of training.
To create the institutional conditions for justice independent exercise of powers, and set the height of the justice procedure
The nature, function and mission of judicature, judicial subject must be neutral. The judiciary is not neutral can not obtain the recognition and acceptance; and judicial neutrality must be to ensure that the interference of judicial organs independent exercise of powers and has sufficient capacity to resist any form of conditions. In Chinese, interference in the judiciary, not only from the "money" and "power", and from "human" and "relationship", this kind of situation and reality, the interference of risk China judicial faces very big. Therefore, need to build institutional barriers and rugged system isolation, so that any interference will not have a negative impact on the substantive justice of judicature. To do this, we must further promote the reform of the judicial system and the perfection of the system. However, sufficient conditions are not independent and fair, and is only a necessary condition. To achieve justice, in addition to the excellent quality of judicial personnel and highly disciplined, must also be through the establishment of a highly legitimate procedures, by giving the party concerned or the agent thereof sufficient procedural rights, through scientific, effective and in accordance with the judicial rules of management, through effective and rational supervision and external supervision and so on, in order to ensure objectivity the applicable law, fact finding is correct and the acceptability of the parties.
National respect for the law and faith is more important than knowing the law
If a person is a lack of respect and belief in law, the law, the law will not help law enforcement and compliance, but will create conditions for the evasion of law. Public education law, the law is important, but more important is to educate people revere the law and abide by the law. In fact, even in the legal profession, is also very difficult to know all legal norms. Therefore, instead of spending huge cost to the citizens and legal knowledge, as the national establish statue law through a large number of public law enforcement and judicial case consciousness; and let everyone fully knowing the law, as the resources to cultivate a large number of lawyers and legal practitioners, to provide timely, inexpensive legal consultation and service for the ordinary people. To average people, two most important: one is the moral bottom line, what can be, what can not, the bottom line is the moral law, the vast majority of legal norms is a product of moral principles derived or compromise; ethics is not, generally is prohibited by law (though not draw an equal sign); moral allowable, general law can not help. Two in case of conflicts and disputes, to consult a lawyer and legal workers habit, rather than have a superficial knowledge of the law by enforcing the law behavior (sometimes more risk). As the countries to people's health, it is important to let people have health care consciousness and knowledge, have disease timely advice or see a doctor, but not for everyone to master all the knowledge of medicine. Of course, the foundation has a strong legal awareness and consciousness in the national consultation, to encourage people to know the legal knowledge is worth advocating, but we need to pay attention to the costs and benefits of legal, on the other hand to remind people to avoid have a superficial knowledge of legal risk.

 

Open a new era of ruling by law

Published: December 12, 2012  Source: People's daily 

 

Author: Jiang Bixin (the Supreme People's court vice president for

 

General Secretary - Xi Jinping speech is to comprehensively promote the rule of law, accelerate the construction of a socialist country under the rule of law of the declaration; mobilization is the rule of law, and constitutional and rule order; is managing state affairs according to law, in accordance with the road map of constitutional ruling
□ the people's court shall strive to let the people can feel the fairness and justice in each judicial cases
General Secretary Xi Jinping all walks of life in the capital Memorial constitution promulgated the 30 anniversary of the speech, fully embodies the spirit of the party's eighteen big, reflect the will of the people, is to comprehensively promote the rule of law, accelerate the construction of a socialist country under the rule of law of the declaration; strictly enforce the rule of law, mobilization is hanging constitution and rule which is according to the constitution; in accordance with the law, the roadmap constitutional ruling, have great real significance and far-reaching historical significance. 　　
His speech pointed out: "maintaining the authority of the constitution, is the maintenance of the party and the people's common will of the authority. To defend the dignity of the constitution, is the party and the people's common will to defend the dignity of the. To ensure the implementation of the constitution, is to ensure the realization of the fundamental interests of the people". This thesis summarizes the importance of constitution, it is not the ultimate. This requires that we must on the constitution status, the authority of the constitution, the constitution validity re understanding, to the position of the Constitution and the rule of law in the country's political life re evaluation. Must see, the constitution is the "book for rights of citizens", only respect and effective enforcement of the Constitution and the people, be in power will guarantee; constitution is the "general rules" safeguard a country, only the full implementation of the constitution, the party and the national enterprise to progress "; the Constitution is the fundamental law of the state", only the constitution implementation, Chinese socialist political development road to get to. 　　
Speech stressed the need to "adhere to the correct political direction, not to move or retreat go China socialist political development road". Direction is crucial, issues related to the road. The lessons from these years shows, copy the Western model, is not realistic, is not desirable. Any system, all have its suitable condition. Different national conditions, different backgrounds, the system will not be exactly the same. Adhere to the path of political development under socialism with China features, the key is to adhere to the leadership of the party, the people be in power, the rule of law, to ensure that people be in power as the fundamental, to enhance the vitality of the party and state, to mobilize the enthusiasm of the people as the goal, to expand socialist democracy, and develop socialist political civilization. Only adhering to the correct political direction, in order to seek all-round development. If the wrong direction, the so-called development is essentially backwards. 　　
In the past, often will "stick" the leadership of the party and "improve" the leadership of the party in parallel, but this speech highlighted the need to "pay more attention to improving the party's style of leadership and governance", has strong pertinence. The logic is: if either, even if "stick" may not survive; only the effective "improvement", to truly stick. How to improve? The speech put forward the "three good", namely "make the party's views through legal procedures become the will of the state, be good at that candidates recommended by Party organizations to become the leading personnel of state organs, at the implementation of the party's leadership over the state and society by the organs of state power, support the organs of state power, administrative organs, judicial organs, the procuratorial organs in accordance with the Constitution and laws, independent responsible for coordination work". The "three good" points out the direction for improving the party's style of leadership and governance. 　　
The party's eighteen big stressed the need to "take the system construction in a prominent position". A speech that, "while fully affirming our achievements, we must also see the problems", the first question is "to ensure the implementation of the constitution supervision mechanism and the specific system is not perfect". To solve this problem, let the National People's Congress and its Standing Committee and the relevant state supervision organs responsible for constitutional and legal supervision, strengthen the implementation of the Constitution and the law of supervision and inspection, supervision mechanism and procedures, and resolutely correct the acts of violation of the constitution; to perfect the power restriction and supervision system, do have the right to have the responsibility by rights, supervision, breach of duty to accountability, shall be investigated for illegal, ensure that power entrusted by the people is always for the people's interests. "The rule of law, is the first rule of constitution; administration according to law, the key is ruling by constitution." According to the constitution, ruling by constitution to beg actual effect in the implementation. The implementation is not only a kind of attitude, it is an action. To implement the basic strategy of governing the country according to law, accelerate the construction of a socialist country under the rule of law, we must take practical action, comprehensively promote the scientific legislation, strict law enforcement, judicial justice, the law-abiding process, effectively implement the law, the law, strict law enforcement, law, and safeguard social fairness and justice. As the judicial organs of the state, the people's court to "fair and people's demand, and strive to let the people can feel the fairness and justice in each judicial cases, never let the people's rights and hurt people's feelings, damage the trial unfair." 　　

 

Open the ruling new stage

Published: 2013 01 month 10 days Source: "red flag manuscript" Issue: 2013/01 

Author: Jiang Bixin (the Central Commission for Discipline Inspection Committee, vice president of the Supreme People's court)

Our party is in office for a long time practice, focusing on what power, how to govern the important issue, constantly sum up and use the two aspects of positive and negative experiences, learn from some of the world's ruling party promote decline success or failure experience, put forward according to the basic principle of constitutional ruling. As early as in 1999, Comrade Jiang Zemin pointed out, we speak of the rule of law and building a socialist legal system, the first is the constitutional basis for the governance of the country, the construction of legal system of the state. Comrade Hu Jintao on September 15, 2004 in various sectors of the capital to mark the 50 anniversary of the National People's Congress on the establishment of the general assembly made clear, the rule of law must first rule of constitution, ruling by law must first ruling by constitution. The general secretary in December 4, 2012 in the capital of Xi Jinping announced the 30 anniversary of the current constitution from all walks of life to commemorate the implementation of conference points out further, the rule of law is the first rule of constitution, administration according to law is the key to ruling by constitution. According to the constitution of the party ruling, governing the country according to the constitution as a basic mode under the new historical condition of the ruling party, opened in new stage constitutional ruling. According to the Constitution and implement the ruling has milepost sense. First of all, ruling party as the true sense of the rule of law. The rule of law is the essence of good law and good governance, and the constitution is the law of the commander, is the fundamental law of the state, is a legal status, the highest legal authority, legal method. Is the so-called without the skin hair stand, if the constitution status can not be guaranteed, the authority of the constitution is not preserved, the Constitution can not be reflected, the rule of law is not to build a country under the rule of law building, will become empty talk. Secondly, ruling party for the scientific governance. The condensation of the supreme reason of a country, has a fundamental, overall, long-term, stability. About the constitution is scientific, abide by the constitution is to respect the law. Especially in our country, the constitution to the basic law, establish the development achievements of road, China socialist theory, socialist China characteristics Chinese socialist system, to reflect the common will of the people of all our ethnic groups and the fundamental interests of new period, is the central task of the party and country, basic principles, guidelines, important policy in the legal system of the state on the highest embodiment. Only on the basis of the constitution to the ruling, can not to move or retreat to give good hundred-percent banner, can reflect the interests and will of the people, to do reflect the central task of the party and country, basic principles, guidelines, important policy. Thirdly, ruling party to logical administration and harmonious people. The constitution is the party and national commitment to people, only on the basis of this commitment to governance, governance activities to be legitimate, the ruling party to lose the people, do not lose the trust of the people, out of respect to the people, the state can have the cohesion, centripetal force and credibility, the writ of the state can be Every order is executed without fail., relations between the party and the the people's harmony. Next, ruling party can realize the leadership of the party, the people be in power and the organic unity of the rule of law. Only ruling by constitution, can be absorbed, integration, expression of public opinion, and the party's will and policy into the will of the state through legislation and legal procedures; to the leadership of the party into the people's Congress system of this one basic political system, and through the authority of the legislative elections, the personnel, the major issues of the right of recall the right of decision and supervision realize the leadership of the state; to make the provisions of the State Party leadership and the constitution of the state power operation mode of coordination, unity, ensure that the administration according to law, judicial administrative organs shall exercise its powers independently and impartially. Finally, according to the constitution the ruling party can keep up with the pace of the times. The development trend of all countries in the world, ruling by constitution is the inevitable choice and common practice. Our constitution has the character of advancing with the times, 1988, 1993, revised 1999, 2004, to continue to adapt to the new situation, to absorb the new experience, confirm the new achievement, therefore has the lasting vitality. According to the constitution to governing the country, can guarantee to keep pace with the times. A study of general secretary in December 4, 2012 in the capital of Xi Jinping Memorial constitution released from all walks of life the spirit of the important speech by 30 anniversary conference, realizing ruling by constitution need to do the following. First, there must be new to China socialist political development road. Since the reform and opening up, our party to unite and lead the people made important progress in the development of socialist democratic politics, the successful development and adhere to the path of political development under socialism with China characteristics, in order to achieve the most extensive democracy established in the right direction. In the new historical situation, maintain and develop the China socialist political development road, the key is to adhere to the leadership of the party, the people be in power, the rule of law, to ensure that people be in power as the fundamental, to enhance the vitality of the party and state, to mobilize the enthusiasm of the people as the goal, expand socialist democracy, and develop socialist political civilization. A new development in handling the relations between the country and the people, the people become the country, their society and their own destiny; a new deal to relations between the state, through the implementation of the decision-making power, executive power, supervision power both rational division of work and coordination, to ensure that state organs in accordance with the the statutory authority and procedures to exercise their functions and powers, fulfill their duties, to ensure that state organs unified and effective organization and management of various undertakings; to have new development in handling the relations between the central and local, and further enhance the central authority, to further mobilize the enthusiasm of local; to have new development in handling ethnic relations, the consolidation and development of democracy unity, be lively and vivid, stability and harmony. To be more actively and steadily push forward reform of the political system, the development of people's democracy more extensive, more fully, more perfect, give full play to the superiority of China's socialist political system, continue to promote socialist political system self perfection and development. Second, there must be new initiatives in the implementation of the people's principal position. No right no status, people's main body status depends on the effective right to ensure. China's constitution stipulates the people enjoy extensive rights, constitutional full implementation, to personal rights, property rights safeguard citizen right, basic political rights are not violated, to ensure that all aspects of civil economy, culture, society and other rights are implemented, efforts to safeguard the fundamental interests of the people, safeguard the people's yearning for and pursuit of a better life. To all state power belongs to the people of the constitutional concept into practice, the most widely mobilize and organize the people in accordance with the provisions of the Constitution and the law, the exercise of state power by the people's congresses at various levels, through various channels and in various ways to manage state and social affairs, economic and cultural undertakings and management, actively participate in the construction of socialist modernization. To improve the government to provide public services, strengthen the social management and service system construction, strengthen urban and rural community service function, strengthen the enterprises and institutions, people's organizations in social management and service functions, to guide the healthy and orderly development of social organizations, give full play to the basic role of the masses to participate in social management. To seriously listen to the aspirations of the masses, in accordance with the law to justice benefit relations, and strive to let the people can feel the fairness and justice in each case, never let the unjust treatment hurt people's feelings, to harm the people's rights and interests of the masses. Third, must have the new progress in improving the party's ruling way. The ruling is the key link of ruling by law and the first condition, should be in accordance with the party constitution strictly, according to the constitution of governance. Improving the party's style of governance, which is more consistent with constitutional requirements, will truly be the leadership of the party, law enforcement, law-abiding guarantee legislation lead; truly ensure that the party's views through legal procedures become the will of the state; truly that candidates recommended by Party organizations to become the leading personnel of state organs; truly implement the leadership of the state and social support by state organs, state organs, administrative organs, judicial organs, procuratorial organs in accordance with the Constitution and laws, independent responsible for coordination work. To develop people's democracy more extensive, more fully, more perfect. We should pay more attention to improve democratic institutions, enrich the forms of democracy, ensure the people's democratic election, democratic decision-making, democratic management, democratic supervision according to law. We should pay more attention to play an important role in the state governance and the rule of law in social management, to maintain a unified, national dignity of the legal system, authority, and ensure that the people enjoy extensive rights and freedoms under the law. The system construction in a prominent position, give full play to the superiority of China's socialist political system, and actively learn from the achievements of political civilization of mankind, we will never copy the western political system. Fourth, there must be a mechanism to ensure the implementation of the new constitution. The life of the constitution lies in the implementation, the authority of the Constitution also lies in the implementation. To improve the implementation of the constitution level, hand to put constitutional duties and constitutional obligation automatically discharge rate to a new level, on the other hand, to not perform or not perform forced fulfillment rate raised to a new level of constitutional duties and obligations under the constitution, both are equally important, indispensable. Therefore, to establish scientific and reasonable evaluation mechanism to the implementation of the constitution, the constitution implementation standards clearly defined; to establish beneficial interest oriented mechanism of constitution implementation, the parties voluntarily consciously perform their constitutional duties; to investigate the mechanism to establish the judicial behavior, so that all the acts of violation of the constitution have been seeking to improve the supervision; mechanism of constitution implementation, the constitution supervision department can afford the constitutional and legal supervision, strengthen the implementation of the Constitution and the law of supervision and inspection, supervision mechanism and procedures, and resolutely correct constitutional violations. Fifth, must maintain the constitutional authority, to defend the dignity of the constitution, the constitution implementation to ensure new tricks. Maintaining the authority of the constitution, is the maintenance of the party and the people's common will of the authority. To defend the dignity of the constitution, is the party and the people's common will to defend the dignity of the. To ensure the implementation of the constitution, is to ensure the realization of the fundamental interests of the people. To completely solve the "constitution is a new tricks not law" on the issue, the validity of constitution are more realistic, more directly reflected in social life; to solve "the constitution is a new tricks are not the biggest method", the highest position of the Constitution be truly reflected, "fundamentally curb law of useless" symptom and tendency; to completely solve the "constitution Is it right? Has new tricks which can be clear," the comprehensive and effective implementation of the constitution; to completely solve the "constitution Is it right? Can benign violation of" ask questions on the new tricks, to find a balance between stability and adaptability the constitution; to completely solve the "acts of violation of the constitution Is it right? Can have new tricks not prosecuted" issue, clearly unconstitutional responsibility and accountability main body. In a word, to set up constitutional principle of constitutional ruling requires our party governance in the country in the process, promote the spirit of the constitution, to respect the constitution value, maintaining the authority of the constitution, abide by the constitution, constitutional rights, to defend the dignity of the constitution. The new thinking of constitutional ruling as a new era of our party, is to grasp the law of development of human political civilization, is a positive response to the concerns and aspirations of the people, is the historical mission and social responsibility to play with. Realization of ruling by constitution, we must open the new period party governing principle politics, must start a new stage of the construction of rule of law China, will open a new phase of the relationship between the party and the people's harmony.

 

Service oriented parties need constitutional thinking

 
In 2013 05 months 27 days Source: learning times

Wang ChaoYin Deci

General secretary pointed out: "Xi Jinping power according to law, the key is ruling by constitution." The party's eighteen big put forward a strategic task of building a service-oriented party. In the era of rule of law, building a service-oriented government needs to play a political function from Party A's perspective, by strengthening the party organization service force, broaden the party organization service space, the perfect party service network and established the party organization service mechanism and other measures on the path; on the other hand, also need to think from the constitution implementation point of realization path; building a service-oriented party must have the constitutional thinking, ideas, needs the constitution constitution authority, strengthen the consciousness of constitution based on.
Construction of service-oriented party should be based on the idea of constitution. Enhance the party service concept to the constitutional concept. In the constitution, of four references to "work hard to serve". To serve the people in the provisions of the constitution to be clearly defined is not only a concept of governance significance, and become a constitutional obligation of the ruling party. That is to say, to serve the people is a requirement of the ruling party to abide by the constitution, the people's choice of the party, the party has the duty to represent the interests of the masses, responsible for serving the people and, to ensure the power entrusted by the people is always used for the people's interests. The ruling party to the service in the constitution. According to the constitution, the people of all ethnic groups, all state organs, armed forces, political parties, social organizations, enterprises and institutions, the country must take the constitution as the basic standard of conduct. Obviously, the party's service as a political party activities must abide by the Constitution and the law. First of all, as the concept of service to establish the constitution consciousness. Not only as individual party members should abide by the law, more important is organized as a ruling party must obey the law, be law-abiding vanguard, any organization or individual, may have beyond the constitutional and legal privileges. Secondly, as the behavior of the service to accept the Constitution and legal supervision. This requires the party the ruling behavior into the ruling by constitution and law ruling by law track, and consciously accept the supervision of the Constitution and the law.
The construction of service oriented party to maintain the authority of the constitution. China during the period of social transformation and the particularity of pluralism and diversity of interests of the social structure, especially the need to maintain the authority of the constitution. At present, the main ruling party is through the construction of service-oriented party guide the masses to do things according to the constitution itself. First, serve the masses of constitutional rights. The basic rights and obligations of the masses is the core content of the constitution, the constitution is the fundamental guarantee of the rights, obligations. The life of the constitution lies in the implementation, the authority of the Constitution also lies in the implementation. Party organizations at all levels must maintain close ties with the masses, listen to the aspirations of the masses, the masses to express their demands for services and facilities, so that ordinary citizens can participate in resources and discussion, negotiation and decision benefit allocation process by the interests of all parties, and promote social resources and interests of fair distribution. Second, through the authority of the constitution party service quality guarantee. At present, the most critical is according to the constitution standard restriction power, speed up the transformation of Party organization and the functions of the government, the constitution is more realistic in social management and implementation. At the implementation level, the constitution is the highest standards of behavior, coordinate social interests relations between parties to resolve contradictions and disputes must be based on the authority of the constitution as a fundamental. Social interest conflicts and disputes caused by both historical factors and realistic factors of social transformation, but more important is the power restriction mechanism is not perfect and rights protection mechanism is not perfect results. Therefore, focus on the construction of service oriented parties not only from the attitude, timely and thoughtful service and other details, and to analyze the causes of social disharmony factors to social change environment of the objective analysis and evaluation of science foundation. In the coordination of interests, abide by the constitution principle, stick to the law, it is necessary to prevent from the authority of the constitution, the "buy peace" way to solve the problem; and to punish the abuse of rights conflict, damage the national interests and the legitimate rights and interests of others, to seek illegitimate interests behavior; it is necessary to pay attention to the protection of the legitimate authority of constitution the rights and interests of citizens, but also through the service focus on what the rights of vulnerable groups.
The construction of service oriented party must strengthen the consciousness of constitution. As the socialist legal system China characteristics is headed by the constitution is ceaseless and perfect, public awareness, sense of participation and gradually strengthen constitution consciousness, building a service-oriented party only start from condensed constitutional consensus, to constitutional ideas for the pursuit of value, to the spirit of the constitution as the direction, through the implementation of the constitution and the authority to explore path, can break through the construction "service oriented party for innovation and innovation" thinking, and ensure the correct direction of standardizing system construction of service-oriented Party of long-term, the service party construction results to better serve the business development situation and strengthen the consciousness of constitution party. On the whole, the party must pay more attention to ruling by constitution and law. The Party led the people to formulate the Constitution and laws, itself must be active in the Constitution and law, and government, clear boundary, and social relations, at the implementation of the party's leadership over the state and society by the organs of state power, regulate the operation of effective operation and social power in the service of the nation's political power. For all levels of Party cadres, to master the basic knowledge of the constitution, set up the loyal to the constitution, abide by the constitution, safeguard the constitutional consciousness, strengthen the work in accordance with the law, failing to find law, to solve the problem of usage, resolve conflicts by law consciousness of rule of law, legitimacy, authority legitimacy, legitimacy, legitimate means of continue to examine its behavior the purpose of the legitimacy, and program.