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Rule of Law Takes Center Stage

2014-12-20

CHINA TODAY 2014年11期

The focus of the Fourth Plenary Session of the 18th CPC Central Committee, held in October 2014, was on major issues related to the rule of law. The plenum conveyed the ruling partys determination to build a nation of laws through its unique legal system, and roll out strategic policies guiding the process. This is an extension of and significant advance on policies stating that “the rule of law is the basic way to administer a country,” announced by the 18th CPC Central Committee in its report in 2012, and of the proposal “promote the construction of China through rule of law” by the third plenum of the 18th CPC Central Committee in 2013. Now that China has a basically complete system of laws and administrative regulations, it must enforce these legal provisions and make rule of law the top administrative priority.

In recent years, anti-corruption investigations and scandals involving food safety, pollution, and industrial accidents have highlighted Chinas urgent need to advance the rule of law. Only by fully developing and enforcing legal norms is it possible to realize effective and reliable governance. For this reason, it is necessary to design a system in which state authorities supervise and regulate one another, thereby effectively safeguarding the peoples interests.

Constitution is the foundation of the rule of law. According to President Xi Jinping, both the life of the Constitution and its authority lie in its implementation. To guarantee full implementation of our countrys Constitution, it is imperative to build and improve legal supervision, to strengthen the role of the National Peoples Congress(NPC) as highest organ of state power in constitutional interpretation and supervision, and enact a concrete program of constitutional oversight. “Supervisory mechanisms and communication between NPC members and the people is the key to promoting the system of Peoples Congress,” said Xi Jinping during the celebration of the NPCs 60th anniversary on September 6.

Chinas deepening reforms also require boundaries defined by law. “Any major reform should be based on law,”said Xi. He stressed that the ruling party should be guided by law in both thinking and action in its efforts to deepen reforms. According to legal experts, legislative work must be reinforced to ensure that reforms remain on legal track, thus significantly improving the CPCs theory of governance through law.

Moreover, effective rule of law demands law-based administration. The supervision of power will make governmental administration open and transparent. Meanwhile, as government functions are transformed and administrative approvals curtailed, the relationship between the government, market, and society will be redefined. Effective accountability mechanisms should be established to regulate political power and punish unlawful acts.

The supreme goal of judicial reform is to assure the public that justice is served in every case. In addition, judicial reform also seeks to remove judicial offices from the control of local governments, in order to better serve their constituents. The growth of judicial transparency will also reassure the public that justice is served in all cases.

In the course of developing the rule of law, all members of society are expected to participate in legal construction in an orderly way in order to establish a functioning legal democracy. Given Chinas traditional esteem for morality, which could play a constructive role in law enforcement, traditional culture can be brought to bear in the process.