扎扎实实把全会提出的各项任务落到实处 Ensuring
completion of each of the tasks proposed at the plenary session
这次全会对全面推进依法治国作出了全面部署,提出的重大举措有180多项,涵盖了依法治国各个方面。全党要以只争朝夕的精神和善作善成的作风,扎扎实实把全会提出的各项任务落到实处。
At this plenary session, we have
made overall plans for comprehensively advancing the rule of law in China. In
total more than 180 important measures have been introduced, covering all
aspects of the rule of law. Now, with a strong sense of urgency and a fine work
ethic, the entire CPC must ensure sound completion of each of the tasks put
forward at the session.
第一,紧紧围绕全面推进依法治国总目标,加快建设中国特色社会主义法治体系。 First,
in keeping with our overall objective in comprehensively advancing the rule of
law, we need to accelerate the establishment of a socialist rule of law system
with Chinese characteristics.
全面推进依法治国总目标是建设中国特色社会主义法治体系,建设社会主义法治国家。这是贯穿决定全篇的一条主线,既明确了全面推进依法治国的性质和方向,又突出了全面推进依法治国的工作重点和总抓手,对全面推进依法治国具有纲举目张的意义。
The overall objective of our
drive to advance the rule of law is to establish a socialist rule of law system
with Chinese characteristics and establish China as a socialist country under
the rule of law. This objective is a constant theme that runs throughout the
resolution we have adopted at this plenary session. It not only defines the
nature and orientation of our push to comprehensively advance the rule of law,
but also highlights the key priorities and the focus in this initiative. This
objective can therefore be regarded as an overall guideline of China’s efforts
to advance the rule of law.
依法治国各项工作都要围绕全面推进总目标来部署、来展开。法治体系是国家治理体系的骨干工程。落实全会部署,必须加快形成完备的法律规范体系、高效的法治实施体系、严密的法治监督体系、有力的法治保障体系,形成完善的党内法规体系。
All initiatives to advance the
rule of law must be planned and carried out in the interests of furthering our
overall objective. The rule of law system that we are building constitutes a
core component of our national governance system. With a view to implementing
the measures adopted at this plenary session, we must step up our efforts to
establish a complete system of laws, a highly effective system for realizing
the rule of law, a stringent system to oversee the practice of the rule of law,
a robust system to guarantee the rule of law, and a well-defined system of
rules and regulations within the CPC.
“立善法于天下,则天下治;立善法于一国,则一国治。”要坚持立法先行,坚持立改废释并举,加快完善法律、行政法规、地方性法规体系,完善包括市民公约、乡规民约、行业规章、团体章程在内的社会规范体系,为全面推进依法治国提供基本遵循。要加快建设包括宪法实施和执法、司法、守法等方面的体制机制,坚持依法行政和公正司法,确保宪法法律全面有效实施。要加强党内监督、人大监督、民主监督、行政监督、司法监督、审计监督、社会监督、舆论监督,努力形成科学有效的权力运行和监督体系,增强监督合力和实效。
The Song Dynasty statesman Wang
Anshi once wrote, “When the law of the land is good, there will be order in the
land; when the laws of the state are good, there will be order in the state.”
Following this spirit, we need to ensure that legislation precedes reform; maintain
a systematic approach to the establishment, revision, abolition, and
interpretation of laws; work faster to improve laws, administrative
regulations, and local regulations; and further refine a framework of social
norms that comprises resident codes of conduct, industry rules and regulations,
and charters of organizations. This will enable us to lay down the basic
foundation for advancing the rule of law. We must accelerate the building of
systems and mechanisms involving the implementation of the Constitution, law enforcement, judicial practice, and law abidance;
maintain a commitment to law-based government administration and judicial
impartiality; and ensure that the Constitution
and law are enforced fully and effectively. At the same time, we need to enhance
various forms of oversight, including CPC’s internal oversight, oversight by
people’s congresses, democratic oversight, administrative oversight, judicial
oversight, oversight through auditing, public oversight, and media oversight;
strive to establish an effective framework of measures to constrain and oversee
the exercise of power; and increase the synergy and effectiveness of oversight.
要完善党内法规制定体制机制,注重党内法规同国家法律的衔接和协调,构建以党章为根本、若干配套党内法规为支撑的党内法规制度体系,提高党内法规执行力。党章等党规对党员的要求比法律要求更高,党员不仅要严格遵守法律法规,而且要严格遵守党章等党规,对自己提出更高要求。
We also need to improve systems
and mechanisms for the formation of internal Party regulations. Laying greater
emphasis on coordinating Party regulations with national laws, we need to
establish a framework of Party regulations and provisions that takes its basis
in the Constitution of the CPC and
consists of various Party regulations, so as to enhance our capacity to enforce
the internal regulations of the Party. The Constitution
of the CPC and other Party regulations ask more of Party members than
ordinary laws do. Party members are not only required to strictly abide by
China’s laws and regulations, but are also required to strictly observe the Constitution and regulations of the CPC,
expecting more of themselves than ordinary people
第二,准确把握全面推进依法治国工作布局,坚持依法治国、依法执政、依法行政共同推进,坚持法治国家、法治政府、法治社会一体建设。 Second,
in keeping with our overall plan for comprehensively advancing the rule of law,
we need to simultaneously promote the law-based governance of the country, the
law-based exercise of state power, and the law-based administration of
government; and adopt an integrated approach to establishing a law-based
country, government, and society.
全面推进依法治国是一项庞大的系统工程,必须统筹兼顾、把握重点、整体谋划,在共同推进上着力,在一体建设上用劲。
The comprehensive advancement of the rule of law in China represents a systematic undertaking of monumental proportions. In carrying out this undertaking, therefore, we must take various factors into consideration, maintain a solid grasp of our priorities, and formulate integrated plans. We must focus our energy on moving initiatives forward in a coordinated fashion, and devote our efforts to achieving the integrated development of a law-based country, government, and society. “天下之事,不难于立法,而难于法之必行。”依法治国是我国宪法确定的治理国家的基本方略,而能不能做到依法治国,关键在于党能不能坚持依法执政,各级政府能不能依法行政。我们要增强依法执政意识,坚持以法治的理念、法治的体制、法治的程序开展工作,改进党的领导方式和执政方式,推进依法执政制度化、规范化、程序化。执法是行政机关履行政府职能、管理经济社会事务的主要方式,各级政府必须依法全面履行职能,坚持法定职责必须为、法无授权不可为,健全依法决策机制,完善执法程序,严格执法责任,做到严格规范公正文明执法。
It has been said that the
greatest challenge for a country lies not in making laws, but in putting those
laws into effect. The rule of law is enshrined in China’s Constitution as the fundamental principle of the country’s national
governance. However, whether or not the rule of law can be realized in practice
depends crucially on whether the CPC can maintain its commitment to law-based
governance and whether government authorities at all levels can administer in
accordance with the law. It is therefore necessary that we become more aware of
governing in accordance with the law; remain committed to working in line with
law-based ideas, systems, and procedures; improve the way the CPC leads and
exercises power; and advance law-based governance on the basis of clearly
defined systems, standards, and procedures. The enforcement of law represents
the primary means by which administrative agencies carry out governmental
functions and administer economic and social affairs. Governments at all levels
are required to carry out their functions in full and in accordance with the
law, performing the functions that have been prescribed by law while refraining
from acting where the law has not authorized them to act. They must improve
mechanisms for law-based decision making; refine law enforcement procedures;
strictly define responsibilities in law enforcement; and strive to ensure that
law enforcement is carried out in a strict, standardized, impartial, and civil
manner.
法治国家、法治政府、法治社会三者各有侧重、相辅相成。全面推进依法治国需要全社会共同参与,需要全社会法治观念增强,必须在全社会弘扬社会主义法治精神,建设社会主义法治文化。要在全社会树立法律权威,使人民认识到法律既是保障自身权利的有力武器,也是必须遵守的行为规范,培育社会成员办事依法、遇事找法、解决问题靠法的良好环境,自觉抵制违法行为,自觉维护法治权威。
The law-based country,
government, and society each have their own areas of focus, which allows them
to exert a mutually reinforcing effect on one another. The comprehensive
advancement of rule of law requires the involvement of all sectors of society.
It requires that we foster a stronger overall awareness of the rule of law, spread
the spirit of socialist rule of law throughout our society, and build a culture
of socialist rule of law. Through efforts to firmly establish the authority of
the law throughout our society, we must ensure that the people realize that the
law is not only a powerful tool for the protection of their rights, but also a
behavioral standard that must be observed. We need to foster a sound social
atmosphere in which members of society conduct their business according to the
law, turn to the law when they require assistance, and rely on the law to solve
their problems. This way, people will consciously choose not to break the law,
and consciously uphold the authority of the rule of law.
第三,准确把握全面推进依法治国重点任务,着力推进科学立法、严格执法、公正司法、全民守法。 Third, with an accurate grasp of our priorities in comprehensively advancing the rule of law, we must ensure that legislation is introduced through well-conceived procedures, that law is enforced strictly, that justice is administered impartially, and that the law is observed by all.
全面推进依法治国,必须从目前法治工作基本格局出发,突出重点任务,扎实有序推进。 推进科学立法,关键是完善立法体制,深入推进科学立法、民主立法,抓住提高立法质量这个关键。要优化立法职权配置,发挥人大及其常委会在立法工作中的主导作用,健全立法起草、论证、协调、审议机制,完善法律草案表决程序,增强法律法规的及时性、系统性、针对性、有效性,提高法律法规的可执行性、可操作性。要明确立法权力边界,从体制机制和工作程序上有效防止部门利益和地方保护主义法律化。要加强重点领域立法,及时反映党和国家事业发展要求、人民群众关切期待,对涉及全面深化改革、推动经济发展、完善社会治理、保障人民生活、维护国家安全的法律抓紧制订、及时修改。
In comprehensively advancing the
rule of law in China, it is essential that we build on our existing efforts,
highlight priority tasks, and forward our initiatives in a steady and
well-calculated fashion. To ensure that legislation is introduced through
well-conceived procedures, we must improve the legislative system, advance the
formulation of legislation by effective and democratic means, and focus on
improving the quality of legislation. We need to improve the allocation of
legislative functions and powers; give full play to the central role of the
National People’s Congress (NPC) and its Standing Committee in legislation; enhance
mechanisms for drafting, evaluating, coordinating, and deliberating
legislation; improve procedures for voting on bills; make our legislation more
responsive, systematic, targeted, and effective; and make laws and regulations
more enforceable and operable. We need to clearly define the boundaries of
legislative power, and employ systems, mechanisms, and procedures to prevent
the enactment of laws that protect departmental interests or encourage local
protectionism. At the same time, we need to step up legislation in priority
areas; promptly reflect in our law-making activities the needs that must be met
to further the causes of the CPC and country and the concerns and expectations
of the public; and waste no time in formulating and amending laws pertaining to
comprehensively deepening the reform, promoting economic growth, improving
social governance, ensuring the public wellbeing, and safeguarding national
security.
推进严格执法,重点是解决执法不规范、不严格、不透明、不文明以及不作为、乱作为等突出问题。要以建设法治政府为目标,建立行政机关内部重大决策合法性审查机制,积极推行政府法律顾问制度,推进机构、职能、权限、程序、责任法定化,推进各级政府事权规范化、法律化。要全面推进政务公开,强化对行政权力的制约和监督,建立权责统一、权威高效的依法行政体制。要严格执法资质、完善执法程序,建立健全行政裁量权基准制度,确保法律公正、有效实施。
To ensure that law is enforced
strictly, we need to focus our efforts on dealing with prominent issues in the
enforcement of laws such as failure to enforce the law in a standardized,
strict, transparent, and civil manner as well as nonfeasance and malfeasance in
law enforcement activities. In line with our goal of establishing a law-based
government, we need to establish internal mechanisms in administrative agencies
for legal compliance review of major decisions; introduce a government legal
counsel system; codify governmental institutions, functions, powers,
procedures, and responsibilities into law; and promote the procedure- and
law-based exercise of power by governments at all levels. We need to
comprehensively promote transparent government; strengthen constraints on
administrative powers and oversight over their exercise; and put in place a
system of law-based government administration that balances powers with
responsibilities and that is both authoritative and effective. At the same
time, we need to impose strict requirements on credentials in law enforcement,
make improvements to law enforcement procedures, and establish a set of
benchmark standards for administrative discretion, thereby ensuring the
impartial and effective enforcement of the law.
推进公正司法,要以优化司法职权配置为重点,健全司法权力分工负责、相互配合、相互制约的制度安排。各级党组织和领导干部都要旗帜鲜明支持司法机关依法独立行使职权,绝不容许利用职权干预司法。“举直错诸枉,则民服;举枉错诸直,则民不服。”司法人员要刚正不阿,勇于担当,敢于依法排除来自司法机关内部和外部的干扰,坚守公正司法的底线。要坚持以公开促公正、树公信,构建开放、动态、透明、便民的阳光司法机制,杜绝暗箱操作,坚决遏制司法腐败。
To ensure that justice is
administered impartially, we need to focus our efforts on improving the
allocation of judicial functions and powers and establish a more developed
system for the exercise of judicial power in which the division of powers is
both complementary and mutually constraining. Party organizations and leading
officials at all levels are required to show unequivocal support for the lawful
and independent functioning of judicial bodies, and are under no circumstances
permitted to intervene in the administration of justice. Confucius once said,
“People will obey you if you promote righteous men and suppress evil men. And
they will disobey you if you do the contrary.” Judicial personnel must be
strong principled and brave enough to assume responsibility. They must have the
courage to lawfully cast out interference originating both inside and outside
judicial bodies, and stand their ground in defense of judicial impartiality. To
achieve this, we must remain committed to furthering judicial impartiality and
credibility through greater openness; establish a judiciary system that is open,
dynamic, transparent, and accessible to the public; put an end to backroom
dealings; and resolutely fight judicial corruption.
推进全民守法,必须着力增强全民法治观念。要坚持把全民普法和守法作为依法治国的长期基础性工作,采取有力措施加强法制宣传教育。要坚持法治教育从娃娃抓起,把法治教育纳入国民教育体系和精神文明创建内容,由易到难、循序渐进不断增强青少年的规则意识。要健全公民和组织守法信用记录,完善守法诚信褒奖机制和违法失信行为惩戒机制,形成守法光荣、违法可耻的社会氛围,使尊法守法成为全体人民共同追求和自觉行动。
To ensure that the law is
observed by all, we must raise awareness of the rule of law among the general
public. We must view efforts to promote universal understanding and observance
of the law as long-term, foundation initiatives for implementing the rule of
law, and take highly effective measures to strengthen publicity and educational
initiatives concerning our legal system. We must remain committed to teaching
the rule of law to children from a young age; integrate the rule of law into
our national education syllabus; incorporate education on the rule of law into
our initiatives for cultural and ethical progress; and constantly enhance the
awareness of rules among young people, starting out with simple requirements
before moving on progressively to more difficult ones. At the same time, we
need to keep adequate credit records regarding citizens and organizations’
compliance with the law; refine mechanisms to reward people for good faith when
they abide by the law and punish them for bad faith when they break it; and
create a social atmosphere in which people feel that it is honorable to abide
by the law and disgraceful to break it, so that all people show respect for the
law and act consciously to observe it. |
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