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Comprehensively promote the rule of law requires what

The comprehensive promotion of the rule of law is to solve a series of major problems facing the development of the Party and the country, is to enhance the vitality of society and promote social justice, social harmony and stability, and ultimately to ensure that the Party and the country's long-term stability and security of the fundamental requirements. The Fourth Plenary Session of the 18th CPC Central Committee put forward the idea that the comprehensive promotion of the rule of law should be carried out in accordance with the "five adherences". These "five adherence" is the basis of the rule of law, is the construction of the socialist rule of law country must follow the basic principles.

(I) adhere to the leadership of the Chinese ****anufacturing party

"The leadership of the party is the most essential feature of socialism with Chinese characteristics, is the most fundamental guarantee of the socialist rule of law." The relationship between Party leadership and the rule of law is the core issue. In dealing with this core issue, it is necessary to adhere to the organic unity of party leadership, people's sovereignty and the rule of law. The Party's historical experience in leading the people in revolution, construction and reform has clearly told us that adherence to Party leadership is the choice of history and the people. Party leadership to ensure that the rule of law in the right direction, for the comprehensive promotion of the rule of law to provide a strong political guarantee. Specifically, we must adhere to the leadership of the party, adhere to the socialist system with Chinese characteristics, and implement the socialist theory of the rule of law with Chinese characteristics.

In the process of ruling the country according to law, adhere to the leadership of the Chinese ****anufacturing party, this principle makes clear the question of who leads. Adhere to the leadership of the Party is the fundamental requirement of the socialist rule of law, is the fundamental of the Party and the country, where the lifeblood lies, is the interests of the people of all ethnic groups of the country, the happiness of the people of the country, is to comprehensively promote the rule of law in accordance with the meaning of the title. The socialist system with Chinese characteristics is the fundamental institutional foundation of the socialist rule of law system with Chinese characteristics, and is the fundamental institutional guarantee for comprehensively promoting the rule of law. The socialist theory of the rule of law with Chinese characteristics is the theoretical guidance and doctrinal support of the socialist system of the rule of law with Chinese characteristics, and is the action guide for comprehensively promoting the rule of law. The Party's leadership and the socialist rule of law are consistent; the socialist rule of law must adhere to the Party's leadership, and the Party's leadership must rely on the socialist rule of law. The rule of law is the basic strategy of the party to lead the people to govern the country, adhere to the party's leadership is to implement the basic strategy of the rule of law is the fundamental guarantee, the two are consistent and complementary.

(2) adhere to the people's subject position

People are the main body of the rule of law, the rule of law is to maximize the protection of people's rights and interests. This principle makes clear the question of who the rule of law is for, and raises the question of safeguarding human dignity. China is a socialist country under the people's democratic dictatorship. The construction of the rule of law should take the safeguarding of the fundamental rights and interests of the people as its starting and ending point, ensuring that the people enjoy a wide range of rights and freedoms and assume their due obligations in accordance with the law, safeguarding social justice and promoting ****same prosperity. Our Party comes from the people, rooted in the people, at all times and under all circumstances must always adhere to the purpose of serving the people wholeheartedly. Adhere to the status of the people's main body, must adhere to the people, rely on the people, benefit the people, protect the people. Adhere to the position of the people as the main body. At the same time, it must be ensured that the people, under the leadership of the Party and in accordance with the law, manage state affairs, economic and cultural endeavors, and social affairs through various means and forms. The authority of the law derives from the people's inner support and sincere belief. The people's rights and interests are safeguarded by the law, and the authority of the law is upheld by the people, and the two are also consistent and mutually reinforcing.

(C) equality before the law

"Where the law is concerned, manipulation can not be incorrect." Justice, the soul of justice, is the lifeline of the rule of law. To achieve justice, we must let justice operate under the sun, to realize the equality of all before the law. This principle makes clear the issue of maintaining the dignity of the law. Equality is a fundamental attribute of socialist law. Any organization or individual must respect the authority of the Constitution and the law, must operate within the bounds of the Constitution and the law, must exercise powers or rights and perform duties or obligations in accordance with the Constitution and the law, and must have no privileges beyond the Constitution and the law. It is never permissible for anyone, under any pretext and in any form, to substitute his words for the law, to use his power to suppress the law, or to bend the law for his own benefit. As can be seen from the relevant provisions of China's Constitution and laws, the meaning of equality before the law includes three aspects in general terms: first, all citizens, regardless of ethnicity, race, sex, occupation, family background, education, property status or length of residence, enjoy equally the rights provided for in the Constitution and laws, and must also equally fulfill the obligations provided for in the Constitution and laws. Second, while all lawful rights and interests of citizens are equally protected, anyone who violates the law or commits a crime, regardless of his or her status, power or special position, is subject to the law without exception, and no criminal is allowed to go unpunished. Thirdly, no citizen is allowed to enjoy privileges outside the law, and no one may force any citizen to assume obligations outside the law or subject them to punishment outside the law.

Adhering to the equality of all people before the law fully demonstrates the superiority of the socialist system with Chinese characteristics, so that the people's subjective position in the rule of law is respected and safeguarded, thus contributing to the enhancement of the people's sense of mastery and responsibility. In addition, it distinctly opposes extra-legal privileges and extra-legal favors, and creates constraints on leading cadres who wield a certain amount of power, thus contributing to the prevention of the erosion of the cadres by privileged thinking and all kinds of unspoken rules. At the same time, it explicitly opposes extrajudicial discrimination and is conducive to the implementation of the judicial principle of "taking facts as the basis and the law as the criterion". Finally, it requires everyone to act strictly in accordance with the law, fully enjoying the rights and effectively fulfilling the obligations stipulated in the law, which is conducive to safeguarding the authority of the law, improving the socialist legal system, and ensuring the realization of the overall goal of comprehensively advancing the rule of law by building a socialist system of rule of law with Chinese characteristics and a socialist country governed by the rule of law. Must focus on regulating and restraining public power, increase supervision, so that the right must have responsibility, the use of power is subject to supervision, must be held accountable for violations of the law, and resolutely rectify the law, law enforcement is not strict, and law enforcement is not investigated behavior.

(D) adhere to the combination of the rule of virtue and the rule of law

The rule of law and the rule of virtue are like the two wings of a bird, need to cooperate with each other, in order to complement each other. This principle makes clear the issue of the relationship between moral rule and the rule of law. This point, even the Italian political theorist Machiavelli said very clear: "If virtue is to be observed, the law is necessary; and if the law is observed, virtue is indispensable." The rule of law regulates the behavior of members of society by its authoritative and coercive means, and the rule of virtue raises the ideological awareness and moral consciousness of members of society by its appealing and persuasive power. The construction of a socialist state governed by the rule of law adheres to the combination of the rule of law and the rule of virtue. It is necessary to adhere to the rule of law with one hand and moral rule with the other, vigorously promote socialist core values, carry forward traditional Chinese virtues, cultivate social, professional, family and personal virtues, attach importance to giving full play to the normative role of the law as well as the role of morality, embodying the concept of morality in the rule of law and strengthening the role of law in promoting the construction of morality, and nourishing the rule of law in the spirit of morality and strengthening the role of morality in supporting a culture of law and culture, so as to achieve the realization of the rule of law and the rule of law.

(E) from the actual situation in China

Absorbing the fine traditional Chinese legal culture and objectively looking at the Western rule of law and the beneficial experience of the two are not contradictory, this principle makes clear the relationship between the inheritance and borrowing problem. Since modern times, the Chinese people to the West to seek the art of governance, whether it is the "teacher of the barbarians to control the barbarians" of the foreign affairs movement, the constitutional monarchy of the Hundred Days' Reform or advocate democracy **** and the Xinhai Revolution, all ended in failure. Why? Historical experience tells us that the formation of any rule of law system is rooted in the country's political system, the level of socio-economic development, historical and cultural background, different national conditions, the rule of law system is different. Based on China's national conditions, from a practical point of view, adhere to the road of socialism with Chinese characteristics rule of law, not only with the times, reflecting the spirit of the times, but also do not copy the model of other countries. China's national conditions dictate that we must take the road of socialism with Chinese characteristics, firm road confidence, theoretical confidence, institutional confidence. At the same time, to build a socialist rule of law system with Chinese characteristics, we must adhere to the actual situation in China, summarize and apply the successful experience of the Party in leading the people to implement the rule of law, focus on the major theoretical and practical issues of the construction of the rule of law in socialism, promote innovation in the theory of the rule of law, and develop socialist theories of the rule of law in line with the actual situation of China, with Chinese characteristics and reflecting the laws of social development, so as to provide theoretical guidance and academic support for the rule of the country according to law. We are also working to provide theoretical guidance and doctrinal support for the rule of law. At the same time, in the process of promoting the rule of law, we should pay attention to drawing on the essence of Chinese legal culture, and pay attention to drawing on the beneficial experience of the rule of law abroad.

The prospect is desirable and the goal is inspiring. The overall goal of "building a socialist rule of law system with Chinese characteristics and a socialist state governed by the rule of law" is not only an inevitable requirement for comprehensively deepening reform and modernizing the country's governance system and ability to govern, but also an important guarantee for realizing the Chinese dream of the great rejuvenation of the Chinese nation.

Reference: comprehensively promote the rule of law to achieve "five insist"

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