"Red flag" published an article: deepen the reform to maintain the authority of law

December 12, 2013 Red flag presentation  　

(author: pay Zitang, President of Southwest University of Political Science and Law, Southwest University of Political Science and Law Professor; Chen Jianhua, PhD)

   The party's eighteen plenary session put forward the general aim of comprehensive reform is: "to improve and develop the Chinese socialist system, promote the national governance system and management modernization." The construction of the rule of law is the basic content Chinese, improvement and development of Chinese socialist system; the rule of law is the basic requirement to promote the national governance system and management modernization and basic way. Only use the rule of law and rule of law thinking way to promote comprehensive reform, in order to better achieve the general goal of deepening the reform comprehensively.

The rule of law thinking emphasizes the change of thought, idea attitude prominent party for the rule of law, in the face of deepening the reform put forward to make clear a requirement in the thought of rule of law is the behavior rule layer; in the operation, in deepening the reform put forward to make clear a requirement.

With the rule of law and the rule of law to promote the thinking way of deepening the reform comprehensively, we should deal with the following three aspects: Deepening the reform to further maintain the constitutional authority of law; deepen reform should act in accordance with the comprehensive results; deepen the reform to be consolidated by the legal system.

　　First, deepen reform to further maintain the constitutional authority of law

Constitutional Law refers to legal authority, a leading role in the whole social adjustment mechanism and the whole system of social norms, adhere to the principle of equality before the law, any organization, any party to activities in the Constitution and law, anyone who did not go beyond the Constitution and legal privileges. Constitutional law is the supreme authority, the maintenance requirements of the authority of law is the constitution of the country under the rule of law.

In 2011 the national "NPC and CPPCC" period, the eleven NPC Standing Committee Chairman Wu Bangguo announced, one based on the national conditions and the actual China, adapt to the reform and opening up and socialist modernization construction, embodies the party and the will of the people is headed by the constitution, to a plurality of law departments of the laws as the main body, divided into the socialist legal system Chinese characteristics of multiple layers of laws, administrative regulations, local laws and regulations have been formed. Formation of the socialist legal system China characteristics, marked a new era in our country has entered a comprehensive law.

Deepen the reform to maintain the authority of law, requirements in the reform process, adhere to the dominant position in law and the supremacy of the modulation mechanism and all social norms system. In the process of reform, should avoid to policy, ethics, customs and other means of adjustment or other social norms impact or replace laws, in order to avoid the value judgment of individual leader to replace the value judgment of law.

Deepen the reform to maintain the authority of law, all the requirements of social main body behavior to constitutional law as the basic principles. It not only requires the state organs and public officials act strictly according to law, be strict in enforcing the law, violations must be punished, even the ruling party must act according to the Constitution and laws, and does not allow the above constitutional law. For the public, to consciously recognize and respect the Constitution and laws, and outside into the actual behavior of active. And to deepen the reform of the leadership of the Communist Party of Chinese comprehensive, ought to the Constitution and laws as the highest authority; exploration and practice of reform, not the basic principle and spirit of the law violates the constitution.

Deepening the reform of legal authority to uphold the constitution, members of society to respect, trust and respect for the constitutional law. In the practice of reform, the basic principles of the Constitution shall be determined by the law, from "ought" to "rule of law" "leap of the rule of law. If in the process of reform, constitutional law lost authority, enacted by the legislature of the universally binding constitutional law has become a mere scrap of paper, nominal. When the constitutional law to exist in name only, the establishment of "rule of law China" goal will only be the castles in the air, comprehensively deepen reforms will also be impossible.

Reform is the core of the system construction and innovation. The system construction through every link of the construction of all aspects of economic construction, political construction, cultural construction, social construction, ecological civilization construction and the party and the field. In the stage of deepening reform to comprehensive, system construction is the content of laws to abide by, the law, strict law enforcement, law breakers are summarized and combing. Lawless, should according to the order of priority, to strengthen the legislation took out a roadmap and timetable; law, should sort out how to do the law, be strict in enforcing the law, violations must be punished, also according to the order of priority, to strengthen law enforcement, judicial out a roadmap and timetable. As Xi Jinping general secretary in December 4, 2012 to commemorate the current constitution released 30 anniversary conference speech that implementation of the national ", is the cause and work into the legal track, the law, the law, strict law enforcement, violators are prosecuted, safeguard the social fairness and justice, the realization of national and social life institutionalization, legalization."

Therefore, comprehensively deepen reforms need to improve the ability of leading cadres at all levels and the rule of law with the rule of law thinking way to do a good job, formed in accordance with the law, failing to find law, to solve the problem of usage, resolve conflicts by good law environment law.

Deepening the reform needs to carry out publicity and education to win support among the people, constitutional law, and form a good atmosphere to learn law, respect law, law-abiding, usage in the whole society. Only by adhering 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, in order to continue to create a new situation of the construction of the rule of law and China.

　　Two, deepening the reform comprehensively according to law

Accelerate the development of the socialist market economy, the market plays a decisive role in the allocation of resources, reform must be carried out according to the requirements. Market economy emphasizes the decisive role of the market in the allocation of resources, the construction of socialist market economy, we must standardize government behavior, and reduce government intervention in economic activities, the market main body independent decision-making, decentralized decision-making; necessary to protect the property rights and personal freedom, guaranteed that the market main body equal status, to achieve fair competition; must carry out honest the principle of credit, reduce transaction costs; must be strict law enforcement, judicial justice, effectively solve the dispute, maintaining the market order. And authoritative specification of the rule of law, can effectively regulate and restrict the government behavior, prevent the abuse of power, can make the society develop a law-abiding society, maintain the market order and social order. The basic value of the rule of law to protect the rights and freedoms of the inherent requirement of market economy, exchange and free height fit, to make them promote each other, to promote social development.

The essence of market economy is legal economy, or is the rule of market economy. No rule of law, market economy to continue to develop; no market economy as the basis, the rule of law will be because of the lack of intrinsic value and soul and is difficult to establish authority.

The reform of their own needs legal safeguard, reform must be carried out according to law. Today's reform into the deep water area, contradiction, the accumulation of social transformation, the economic and social development issues in the legacy of years mostly touched deep-seated contradictions and conflicts. The reform can only act in accordance with the more condensed reform consensus, more smoothly to solve the contradictions and problems in the reform process, bound to help reform to break the old system, old habits, old pattern of interests.

Reformers need legal support, reform must be carried out according to law. If not using the rule of thinking mode and the rule of law reform, not in accordance with the law reform, reformers fate and the evaluation of the reform, there will be great uncertainty factors. Easy to make us the courage to explore, reformers have foretaste of go ahead of the rest, the courage to bear the spirit at the same time, facing a huge legal risk and political risk. To provide legal guarantee for the reformers reform can, and standardize the reform act, and then better incentive reformers bold innovation. In accordance with the provisions of the Constitution and the law to regulate the behavior of reformers, limit the reformers of the power, this is in fact the construction of the rule of law and Chinese goal, and reflect the basic strategy of governing the country according to law reform in the field.

Since the party's eighteen, in the use of the rule of law and rule of law thinking way of deepening the reform issues, as well as in deepening the reform comprehensively by law, has made a very good example of. In August 31, 2013 twelfth session of the fourth meeting of the NPC Standing Committee through "on Authorizing the State Council in Chinese (Shanghai) free trade in the experimental area of temporary adjustment implementation of the provisions of the relevant laws of the administrative examination and approval decision", this is a major piece of legislation and practice to deepen the reform of the organs of state power and the rule of law to promote the governance mode of thinking under the new situation. The Standing Committee of National People's Congress authorized by legislation, reform of Shanghai Free Trade Zone, is a vivid interpretation of the rule of law and the rule of law to promote reform of the way of thinking.

The reform should be carried out according to law, first of all, the reform of the decisions and actions must be consistent with the rule of law and the rule of law requires thinking way, must pay attention to due process, must not be at the expense of the idea of rule of law, must not violate the basic principles of constitutional law. Secondly, the reform of the host must act according to law, and consciously accept the legal supervision, fear of the law of heart. As Zhang Dejiang chairman presided over the spirit of the twelve NPC Standing Committee group study and implement the party's eighteen plenary session pointed out: "to improve the China characteristics of a socialist legal system, strengthen the legislation work, persist in scientific and democratic legislation, improve the quality of legislation, on the basis of reform measures, combined with the legislative programs and work plans, the need to modify the the law in accordance with the procedures timely change, make important reform according to law, order, need to be an important reform measures of legal authorization, to be carried out in accordance with legal procedures."

　　Three, deepening the reform achievement should be consolidated with the legal system

Marx once pointed out: "the society is not based on law, the jurists of fantasy. On the contrary, the law should be based on social. The law should be the social common, produced by a certain mode of production of material interests require performance, rather than single people run amuck." Law as superstructure, economic basis and subject to rooted in specific historical period. The law and the reform and opening up Chinese accompanied, accompanied, promote each other. On one hand, the formation of China socialist legal system, is the internal requirement for the smooth reform and opening-up and the modernization drive, in summarizing the reform and opening up and modernization construction of rich practical experience on the basis of; on the other hand, the reform provides abundant practice foundation, the internal demand and motive force for the construction of the rule of law, but also provide a good legal environment for deepening the reform and socialist modernization construction and constantly improve the construction of the rule of law, to play the positive consolidation, specification, guidance, support and promote the role.

Emphasize the General Secretary Xi Jinping, practice is the basis of law, the law should develop with the development of practice. The development from the legal rule, law is the sum of the practice, practice is endless, the legal system needs to keep pace with the times. The construction of the rule of law and properly handle the relationship between the stability of law and the mobility of reform, reflects the successful practice of reforming and opening and modernization, but also for the reform and opening up and modernization construction of further development of reserved space. The law in the "dynamic process of change, vertical, waste" continue to move in circles, spiral, on economic and social development play a leading role in promoting and.

Deepen the reform of the results of the consolidation, the maturity of the reform achievements and successful experience to summarize, fixed in the form of law. To solve the legal provisions unreasonable problems through reform, by modifying the law again into the legal, push on the surface, to further reduce the arbitrariness, enhance normative, ensure the openness, in order to implement the reform requirement to provide legal guarantee.

Organs of state power at all levels and the people's government and its departments shall actively carry out active as, laws and regulations, responsibilities, efforts to promote comprehensive reform. For some reform measures, matters not stipulated by laws, regulations and policies of the state, may make regulations and legislation in the scope of functions and powers. Matters not stipulated in law, regulations, rules and policies of the state, to encourage citizens, legal persons and other organizations to actively carry out innovation. Reform on matters relating to national governance, local people's governments at all levels and departments should strive to participate in national innovation pilot reform. Belongs to the state power, but according to the local economic and social development of the actual needs, the first test, the relevant departments of the local governments should actively communicate with the relevant departments of the state. Reform initiatives need to develop, modify, abolished, explain the local regulations or rules to support and guarantee, authorized departments shall start the procedure of legislation related to. Reform and innovation needed in the relevant local regulations, rules and regulations change, repeal before the first test, it shall be submitted to the approval of the competent departments and agencies. If these reforms made mature reform achievements and successful experience, should be summarized and legislation according to the local powers and our family rights, from the system to ensure the reform measures and laws, regulations, rules and regulations of the "vertical, modification, waste" synchronous development, deepening the reformation and the rule of law to do many things at once China construction, promote each other.

Deepening the reform comprehensively, we must uphold the rule of law, we must maintain the constitutional authority of law, rule of law and the rule of law must use the thinking way. To make full use of the laws of the state of resources, give full play to the guiding rule of law to reform and promote the role, enthusiasm, initiative, creative and fully arouse the governments at all levels to deepen the reform in the range of statutory duty, correctly handle the relationship between test and in accordance with the law to take the reform, and will deepen the reform of the inherent requirement and the rule of law China construction combine. As the party's eighteen plenary session "decision" requirement, to adhere to the law of governance, strengthening the rule of law with the rule of law and the rule of law guarantee, thinking way to resolve social contradictions.

(author: pay Zitang, President of Southwest University of Political Science and Law, Southwest University of Political Science and Law Professor; Chen Jianhua, PhD)