On the basis of: the Third Plenary Session of the eighteen decided to fully implement the constitution to a new level, establish and improve the whole society to comply with the constitution, use, maintenance, legal system. No organization or individual may be beyond the constitution to legal privilege. The present value of the constitution promulgated 31 years, contact me for more than 10 years of the discipline inspection organs using "interview and understanding more than 30 cases two gauge" done, deeply the problems seriously, which is why the idea, system and mechanism, there are factors investigators personal, some to do the point of no return. This paper is a study of the spirit of the decision, but also reflects a reality.

The root meaning of the constitution is the fundamental human rights, maintaining the authority of the constitution, but also related to the vital interests of each person. Fair, more brilliant than the sun. Fairness and justice is the test of reform and development scale. I sincerely hope to have attention, strengthen the supervision on the implementation of the constitution, political system (Guan Jin cage), safeguard the legitimate rights and interests of citizens in accordance with the law, to further accelerate the process of rule of law.

No organization or individual may be beyond the constitutional and legal privileges

-- written in the constitution promulgated 31 years

Hou Ruiling

Abstract: the constitution is the fundamental law of our country, it has the highest authority. The eighteen Congress will decide to establish and improve the whole society to comply with the constitution, use, maintenance, legal system. Any organization or individual shall be beyond the constitution to legal privilege. Practice for more than ten years the case, can be seen because of the lack of effective supervision and restriction, the obvious problems that exist, cannot be effectively prevented and solved, become a long-term social hot. The present value of the spirit of constitution implementation and implement the Third Plenary Session of the 31 anniversary of the occasion, the purpose of this paper to pay attention to and solve the existing problems in the implementation of the constitution, overcome the system mechanism, the power to put into a system of "cage", correct any violation of the constitution law, let the people supervise power, the anti-corruption struggle along the correct political direction and healthy development.

The constitution is the fundamental law of our country, is a code of conduct and the people of all ethnic groups at all levels of the organization, must comply with, with the highest position and the strongest binding. The constitution promulgated 31 years, attract worldwide attention in our country socialist legal construction. Practice has proved, methods of economic growth may have a variety of methods of modern society, the governance structure of the complex is only one, that is the rule of law, building the rule of law. This is because the reasonable system of the rule of the will power under the restriction and supervision, ruling effects for steady development, countries don't toss. Rule of law includes democracy, equality, freedom, civilization, human rights idea, can let the legitimate interests of all groups in society and each individual rights is strictly protected, it is more important to our nation.

Since the Third Plenary Session of the eleven, reform has gone through 35 years, compared with the reform of the early "crossing the river by feeling the stones", now the reform has entered "deep water area", some tentative measures, emergency needs to keep pace with the times, with a broader vision and more practical measures, focusing on comprehensive, deep and persistent efforts. General Secretary Xi Jinping pointed out recently: reform has entered a crucial period and the deep zone. This is because the reform needs to solve the problem particularly difficult, is a tough nut to crack. We must dare to cut to the accumulation of years of coercive miasma of chronic disease. In the social management, should be based on fairness and justice as the theme, from the past policy of promoting to the rule by law, the formation of a sound society ruled by law, building a socialist country ruled by law. However, since a paragraph of period, in the rule of law, promote the rule of law in the process, there are some does not adapt to the phenomenon, some is obviously placed in front of people.

Undeniable, 10 years in some places the "two rules" measures in the anti-corruption struggle, the breakthrough in some important cases, severely crack down on corruption, has played a certain role. However, as the "two rules" to the lack of legal norms and effective supervision, control measures, resulting in the use process, exists beyond the constitutional and legal behavior, violated the legitimate rights of citizens. In the process of the rule of law, such problems arise, apparently with the strategy of rule of law can not be compatible with. In this regard, although the leadership is very seriously, repeatedly emphasized the need to use caution, but because to investigate treatment or they, and some to the investigators, let them not only when the "player", and when the "referee", "black whistle" has been sounded, to see that this is over the years. For a long time, these problems have not got "a fundamental solution", like "an ineffectual remedy", has been a strongly reflect social hot.

Why do people always opposed to extort a confession in the case, but it is indeed in the "two rules" in. Especially in promoting the rule of law today appeared again, it is worth vigilance and thinking? From the "two rules" itself, its irregularity obviously. "Regulations" provisions in a "joint", appeared in the use of "out of control". From my interview and understanding of Jiangsu, Zhejiang (Yancheng, Taizhou, Xinghua, Taizhou and so on more than 30 cases) to the situation, using the "two rules" is no more than the law in time. In the "two rules", some investigators often use turns on duty way, to within a few days are generally not let sleep; some have also been standing, squatting, kneeling, punishment beatings and humiliation personality; some are in accordance with forced inducement the record was finalized, the innocent; also brought not the appeal, appeal, to reflect, as the chain linked to interpretation of Yang Naiwu, a modern version of the "cabbage and". Therefore, the "two rules" is like a "double-edged sword", on the thorn to the corrupt officials at the same time, also in the injury of innocent. Now people often put it project group and in the Cultural Revolution "" (small group) linked to put on a par with, now think of the law, the negative effect could not be greater than in the past. Many people say, how to have to do this, can it?

So, how to look at the use of "two rules"? The basic standard is to see whether it is in conformity with the provisions of the Constitution and the law. In 31 years with the constitution as the guidance of a number of laws, legal system of our country, the construction of the rule of law from lawlessness, how to implement the law, be strict in enforcing the law, illegal. The Constitution and the law, effective, accurate, comprehensive implementation specific to the implementation of social life, has become the focus of the construction of rule of law. So not only see some cases difficult, using the "two rules" is the last ditch, to exaggerate the role of spirit, a "rule", and some even don't think it would do not, do not, so that once was the convergence or basically eliminated the confession letter, took the opportunity and a stirring among the dry bones, some go beyond. Imagine the judicial organ to some hard cases, also can be in legal "break", or a rule, you can use another method to handle a case, it also talk about what the law, be strict in enforcing the law?

"The rule of law, building a socialist country ruled by law" has been written into the constitution, it shows our country into the orbit of the rule of law in the aspects of politics, economy, life etc.. While applying the "two rules" is not typical, who can say without a specific time limit "time" how long? A there is no clear and specific location of the "place" where the hell? "Two rules" existing in the application of these problems, not only shows the case base light body program, heavy blow light protection concept still exists, also reflects the existence of some investigators in the methods of work, their own quality, style construction and other issues can not be ignored. In some cases heard in public with "two rules" done, to use legal means to get beyond the evidence, whether to have the force of law, although the facts are clear, according to law, only the trial take the matter on its merits, this reality visually and truly feel the rule of law in the aspects of the void and emptiness, this is to reflect the judicial justice and equality before the law? Therefore, Wu cut not only the "convenience", see some results, only the immediate, regardless of long-term, "a pretty cover 100 ugly", and undermine the constitutional law. The pros and cons, self-evident.

For a citizen in constitution, that at the same time, in the "two rules", in the face of it was personal freedom and dignity are restricted and violations, seem to feel helpless! A flawed system, has not been time to heal in rehabilitation, it for every citizen has the potential to become the object of a damage, it also makes the Constitution and the law in practice is facing a very embarrassing and helpless. The personal freedom of citizens is not to deprive for any reason or excuse. If the light has the constitution but not implemented, the Constitution can only be "a piece of paper to write full the rights of the people". In Yancheng, Taizhou, Taizhou, Xinghua, a lot of "two rules" and not what the real problem, brought great damage to the parties, according to some forced inducement the record was finalized, the innocent, the community reacted strongly, this can reflect can let a person feel justice in each case a! Just released "on the establishment of a sound operating mechanism of criminal miscarriages prevention advice." further defined the scope of illegal evidence, emphasis on the past using torture to extract confessions, corporal punishment, abuse (cold, hungry, drying, baking, fatigue trial) illegal methods to collect the defendant ", clearly put forward the should be excluded, it is a progress of criminal trial. At the same time, in the place, not the whole video recording of interrogation, cannot exclude the confession obtained by illegal methods, should be excluded. Therefore, it is necessary to use the past "case two gauge" done a carefully "look back", strict implementation of the exclusionary rule of illegally obtained evidence, adhere to the principle of the constitution judicial independence, not because of the impact of external factors to make or maintain in violation of the law of the referee.

In fact, a test whether the country under the rule of law standards, does not lie in whether have complete legal, but in whether it has to play the role of constitution. Strengthen the supervision on the implementation of the constitution, and resolutely eliminate access to various illegal means of evidence, safeguard social fairness and justice, effectively protect the legal rights of citizens, it is particularly necessary in. The rule of law in the constitution, means despised attitude to the constitution, influence of unified law and social credibility, is not illegal, but was unconstitutional, itself beyond the legal bottom line. With the "two rules", can be said to be received obvious effect, but the problem is unavoidable, this has sometimes subtended, guarding, clutching his. Now even their own constitution can transcend, frequently violated the legitimate rights of citizens, including anti-corruption as public unconstitutional, as these are not correct, what to take to attain the people's trust can test and inspection, practice? How can withstand the test of history, the people of. So the "Cultural Revolution" in the constitution, even the legitimate president are to protect the tragedy will not repeat itself? Therefore, not developed to the extreme when problems to solve, the cost will be greater. As a warning for the future, people are not willing to see more such miserable situation!

More brilliant than the sun of justice. Eighteen big reports emphasize the rule of law is a basic way of governing the country, improve the ability to use the rule of law requirements and ways of thinking. Legal thinking is a legitimacy judgment starting point, taking justice as judging the focus. Fairness and justice is the inherent requirement of Chinese characteristic socialism, but also test reform and development scale. With the development of society and economy, people's justice, democracy, rights awareness is growing, the society is unfair, unjust problems reflect the increasingly strong. If you can't create more fairness and justice of the environment, leading to even more unfair, social harmony and stability are also difficult to maintain. Fairness and justice is not the castles in the air, the system arrangement is the important guarantee. The Third Plenary Session of the eighteen in a series of decisions and arrangements of the system innovation, the unfair phenomenon is committed to overcome the human factors, fair and efficient the construction of legal system, the purpose is to create a more fair and just social environment. Seriously and implement the spirit of the plenary session, to promote social fairness and justice as a mirror, to examine all aspects of our, where there are not consistent, there is need for reform; which link problems, especially where reform. Administering a country by law, governing by law, not just write on the file, found in the report, but also to establish the in the mind, implement in practice.

"All citizens, social organizations and state organs to the Constitution and laws as the code of conduct, in accordance with the Constitution and laws to exercise their rights or powers, obligations or duties." The establishment of a rule of law country, the ruling party to play a role in the frame of rule of law. Any organization or individual shall be beyond the constitution to legal privilege. Laws do not discriminate against anyone. "The ruling party itself any organization," any "person" also includes the leaders of the party. The third plenary session decided is reaffirming the provisions in the constitution, but to emphasize the authority of the Constitution and laws, the very practical. Although the rule of law has made great progress, but there are still ingrained rule by man, appeared in power generation, power presses the law, the right to act to waste, consciously or unconsciously, this is the rule of law in the construction of "big". Bo Xilai problems appear, that party is not bound by law privilege still exists; the case heard in public, shows the strong determination of central strictly, the rule of law, to form a good atmosphere, to uphold the constitution, to advocate in the whole society, undoubtedly plays a huge effect. But the Constitution without the authority of the country, is difficult to become a responsible big country, power.

Now, the central put forward perfect leadership system of discipline inspection, pointed out that "focus on system design details", highlight the central face the problem of attitude, but also improve the self purification capacity of the ruling party, an important manifestation of the ruling ability. Let the people to supervise power, let the power in the sunshine operation, is the fundamental power in the system of the cage. Now some ideological barriers often comes not from outside, but from inside the system. Therefore, must have the courage of self reform and mind, break the interests curing barriers, overcome the sector interest handicap restrictions and fetters, out of limit, break institutional defects, correct be inopportune or inappropriate practices, to remove existing impure phenomenon, solve the long-term concern of society has been a hot. If carefully conceal mentioning, felt no change is possible. In any case must be within the legal framework, restricted by law, accept supervision by law, people and public opinion, otherwise it will foul. Not bound by system power will produce alienation, to persist in using the system of governance, "knife" is to really instead of false business, who also dare not, can not go one step beyond, no matter how big officer, no matter what its important responsibilities of departments, as long as they break the rules to correct, punishment. So strict, be just and stern, system come very naturally to have the authority and credibility.

Nothing can be accomplished without norms and standards. According to the constitution to judge is not, is the fundamental requirement for a state ruled by law. If the public law in flat, the upper and the lower flat guoqiang. The supervising and correcting unconstitutional law and regulations conflict phenomenon, is particularly important and urgent. Long all the constitution, as. The authority of the constitution is the party and the people's authority. The party advocates and implementers of the rule of law, we also own the hard, ask others to do their own should do, forbids others to do their own should resolutely not do, do not toss; should focus on supervision and restrict power the core to advance the style construction, will own the in laws and the masses supervision, to maintain the purity of the party for its excellent style and exemplary behavior, has caused adverse effects to restore, to safeguard the authority of the constitution, provide a powerful legal guarantee for the realization of fairness and justice, building a well-off society goals.

Two, one three November 29th

Hou Ruiling Yanfu mass daliy newspapers group

Some typical cases of an interview and understanding:

Jiangsu Provincial Commission for Discipline Inspection and the Yancheng City people's Congress Qi Chongyue bribery scandal, Taizhou municipal CPPCC Vice Chairman Pan Shanyuan bribery case;

Yancheng City Discipline Inspection Commission and director general of the Yancheng Bureau of quality and technical supervision of Cheng Xiaogao bribery, non organizational activities case, the City Planning Commission series bribery case, Li Xinan case, commercial banks, Trust Investment Company general manager Liang Xiusheng (paid), City Planning Bureau Wang Jin bribery case, Xiangshui happiness Road Engineering Series bribery case, Qian Qinyang, deputy magistrate of the coastal Tinghu District, county public security bureau director Jin Naixiang, China bank Yancheng branch section chief Chen Qiliang, Sheyang power supply bureau Party committee secretary Sun Chengliang bribery case, Tinghu District Commission for Discipline Inspection and the emerging town mayor Geng Zhong bribery case (has been vindicated) etc.;

Dongtai City Commission for Discipline Inspection and head range town construction company manager Chen Yucun bribery case;

Dafeng City Commission for Discipline Inspection and the city real estate company responsible person Chen Hecai case (because of unbearable abuse Dutch act dead);

Funing County Commission for Discipline Inspection and the county agricultural company manager Pei Xuejun case (jump off building Dutch act dead);

Binhai County discipline and county cotton company manager Jiang Guozhao, Lu Ji Township Party committee secretary Jiang Youjin bribery case etc.;

Xinghua City Commission for Discipline Inspection and the civil air defense engineering series bribery case;

Taizhou City, Zhejiang Provincial Commission for Discipline Inspection and Luqiao District standing committee, propaganda minister Chen Yuefei Meng Yuan (the original false accusations have to tell Chen Yuefei case the truth, but he appeals for more than 10 years have not yet formally rehabilitated);

Tianjin City Commission for Discipline Inspection and the Development Zone Green Research Center Director Zhang Wanjun case (jump off building died).