第四,着力加强法治工作队伍建设。全面推进依法治国,建设一支德才兼备的高素质法治队伍至关重要。 Fourth,
we need to channel our efforts into building a strong contingent of personnel
for enforcing the rule of law.
我国专门的法治队伍主要包括在人大和政府从事立法工作的人员,在行政机关从事执法工作的人员,在司法机关从事司法工作的人员。全面推进依法治国,首先要把这几支队伍建设好。
In comprehensively advancing the
rule of law, it is of critical importance that we establish a highly skilled
contingent of specialist personnel that boasts strong moral integrity and high
professional competence. In China, specialist personnel for the enforcement of
rule of law are made up mainly of personnel from people’s congresses and the
government who are involved in formulation of laws and regulations; personnel
from administrative agencies who are involved in law enforcement; and personnel
from judicial bodies who are involved in the administration of justice. As we
proceed to comprehensively advance the rule of law, the building of these
contingents should be given priority.
立法、执法、司法这3支队伍既有共性又有个性,都十分重要。立法是为国家定规矩、为社会定方圆的神圣工作,立法人员必须具有很高的思想政治素质,具备遵循规律、发扬民主、加强协调、凝聚共识的能力。执法是把纸面上的法律变为现实生活中活的法律的关键环节,执法人员必须忠于法律、捍卫法律,严格执法、敢于担当。司法是社会公平正义的最后一道防线,司法人员必须信仰法律、坚守法治,端稳天平、握牢法槌,铁面无私、秉公司法。要按照政治过硬、业务过硬、责任过硬、纪律过硬、作风过硬的要求,教育和引导立法、执法、司法工作者牢固树立社会主义法治理念,恪守职业道德,做到忠于党、忠于国家、忠于人民、忠于法律。
Legislative, law enforcement, and
judicial personnel have both similarities and differences. Each has an
extremely important role to play. Legislation is a sacred task that aims to lay
down the rules of our country and society. Those involved in legislative work
must have a strong sense of political integrity. They must possess the ability
to respect objective laws, promote democracy, coordinate more effectively with
others, and build consensus. Law enforcement is a crucial process of bringing
laws off the page and into the real world. Law enforcement personnel must be
loyal to the law and must safeguard the law. With the courage to take
responsibility, they must strive to enforce the law strictly. The judiciary is
the last line of defense against violations of social equity and justice. Those
working in the judiciary must believe in the law and uphold the rule of law.
They must keep the scales in balance, hold the gavel firmly in their own hands,
and exercise the law justly and impartially. In line with the requirement that
our legislative, law enforcement, and judicial personnel are politically solid,
professionally competent, highly accountable, and strongly disciplined in their
conduct, we must urge our legislative, law enforcement, and judicial personnel
to firmly embrace socialist rule of law and strictly observe professional
ethics, ensuring that they are loyal to the CPC, the country, the people, and
the law.
律师队伍是依法治国的一支重要力量,要大力加强律师队伍思想政治建设,把拥护中国共产党领导、拥护社会主义法治作为律师从业的基本要求。
Lawyers constitute an important
force in instituting the rule of law. We must devote major efforts to enhancing
the political integrity of lawyers, and identify upholding the leadership of
the CPC and upholding socialist rule of law as essential requirements for entry
into the legal profession.
第五,坚定不移推进法治领域改革,坚决破除束缚全面推进依法治国的体制机制障碍。 Fifth,
we must resolutely advance reform in the domain of law-based governance,
tearing down institutional obstacles that are preventing us from
comprehensively advancing the rule of law.
解决法治领域的突出问题,根本途径在于改革。如果完全停留在旧的体制机制框架内,用老办法应对新情况新问题,或者用零敲碎打的方式来修修补补,是解决不了大问题的。在决定起草时我就说过,如果做了一个不痛不痒的决定,那还不如不做。全会决定必须直面问题、聚焦问题,针对法治领域广大干部群众反映强烈的问题,回应社会各方面关切。
The fundamental solution to
problems in the domain of law-based governance is reform. There is no way we
will be able to solve major problems if we insist on operating completely
within the framework of old systems and mechanisms, if we greet new
circumstances and issues with old practices, or if we simply make piecemeal
changes here and there. When the resolution of this plenary session was being
drafted, I said that it would be better to have no resolution at all than have
one with no teeth. I said that the resolution would have to face problems
directly and focus on them. It would have to address issues of major concern to
officials and the public in the area of law-based governance, and respond to
the various concerns of society.
这次全会研究和部署全面推进依法治国,虽然不像三中全会那样涉及方方面面,但也不可避免涉及改革发展稳定、内政外交国防、治党治国治军等各个领域,涉及面、覆盖面都不小。这次全会提出了180多项重要改革举措,许多都是涉及利益关系和权力格局调整的“硬骨头”。凡是这次写进决定的改革举措,都是我们看准了的事情,都是必须改的。这就需要我们拿出自我革新的勇气,一个一个问题解决,一项一项抓好落实。
At this plenary session we have
studied and laid out plans for comprehensively advancing the rule of law in
China. While its scope may not be as far ranging as that of the Third Plenary
Session last year, this session will nevertheless have a wide-ranging impact on
our reform, development, and stability, on our domestic affairs, foreign
affairs, and national defense, and on our governance of the Party, the state,
and the armed forces. In this sense, its implications and scope are by no means
small. At this plenary session we have introduced more than 180 major reform
measures. Many of these reforms will be hard to grapple with, as they involve
changes to the distribution of interests and power. But every reform that has
been written into the resolution represents something that we have set our
sights on, and that must be seen through. We must therefore have the courage to
bring change to ourselves, solving one problem at a time and putting reforms
into effect one after another.
法治领域改革涉及的主要是公检法司等国家政权机关和强力部门,社会关注度高,改革难度大,更需要自我革新的胸襟。如果心中只有自己的“一亩三分地”,拘泥于部门权限和利益,甚至在一些具体问题上讨价还价,必然是磕磕绊绊、难有作为。改革哪有不触动现有职能、权限、利益的?需要触动的就要敢于触动,各方面都要服从大局。各部门各方面一定要增强大局意识,自觉在大局下思考、在大局下行动,跳出部门框框,做到相互支持、相互配合。要把解决了多少实际问题、人民群众对问题解决的满意度作为评价改革成效的标准。只要有利于提高党的执政能力、巩固党的执政地位,有利于维护宪法和法律的权威,有利于维护人民权益、维护公平正义、维护国家安全稳定,不管遇到什么阻力和干扰,都要坚定不移向前推进,决不能避重就轻、拣易怕难、互相推诿、久拖不决。
Reform in the realm of law-based
governance primarily involves organs of state power and power-welding
departments, such as public security organs, prosecuting bodies, courts, and
other judicial bodies. The considerable public attention our reforms have
attracted, coupled with the high difficulty of their implementation, means that
we need to show even greater broad-mindedness in bringing change to ourselves.
If we limit ourselves to our own little world, dwelling on the powers and
interests of our departments, and even haggling over this and that, the result
will surely be fumbling progress with little or nothing essential to achieve.
After all, what kind of reform does not challenge existing roles, powers, and
interests? We must have the courage to challenge what needs to be challenged,
and all involved must bear the bigger picture in mind. It is imperative that
departments and interested parties foster a stronger awareness of the bigger
picture, consciously think and act in line with the bigger picture, free
themselves from a closed departmental mentality, and support each other in
their initiatives. The criteria for gauging the effectiveness of reform must be
the amount of actual problems we solve and level of public satisfaction we receive
from solving those problems. Regardless of what kind of obstruction or
interference we come up against, we must resolutely press ahead with any reform
measure that is conducive to raising the CPC’s capacity to govern, to
bolstering its position as governing party, to safeguarding the authority of
the Constitution and law, to
safeguarding the rights and interests of the people, to upholding equity and
justice, and to preserving national security and stability. Under no
circumstances can we avoid the important and dwell on the trivial, shirk our
responsibilities, or drag our feet indecisively.
法治领域改革有一个特点,就是很多问题都涉及法律规定。改革要于法有据,但也不能因为现行法律规定就不敢越雷池一步,那是无法推进改革的,正所谓“苟利于民不必法古,苟周于事不必循旧”。需要推进的改革,将来可以先修改法律规定再推进。对涉及改革的事项,中央全面深化改革领导小组要认真研究和督办。
A feature of reform in the domain
of law-based governance is the fact that many issues involve legal provisions. It
is true that reform must have basis in law. But we cannot lack the courage to
step beyond the limits just because such action is not provided for in our
existing laws. If that were the case, reform would be unable to continue. Hence
the old saying, “If it is good for the people, there is no need to follow the
practices of antiquity; if it serves the matter at hand, there is no need to
observe the conventions of old.” Therefore, where reform is required in the
future, we will be able to make the necessary amendments to our existing laws
before proceeding. The Central Leading Group for Comprehensively Deepening the
Reform will be required to carefully study and oversee matters pertaining to
reform.
同志们,全面推进依法治国是一个系统工程,是国家治理领域一场广泛而深刻的革命,必须加强党对法治工作的组织领导。各级党委要健全党领导依法治国的制度和工作机制,履行对本地区本部门法治工作的领导责任,找准工作着力点,抓紧制定贯彻落实全会精神的具体意见和实施方案。要把全面推进依法治国的工作重点放在基层,发挥基层党组织在全面推进依法治国中的战斗堡垒作用,加强基层法治机构和法治队伍建设,教育引导基层广大党员、干部增强法治观念、提高依法办事能力,努力把全会提出的各项工作和举措落实到基层。
Dear colleagues, the
comprehensive advancement of the rule of law is a systematic undertaking and a
profound and far-reaching revolution in the governance of our country. It is
imperative that we strengthen the CPC’s leadership over initiatives pertaining
to the rule of law. On the one hand, Party committees at all levels must improve
the systems and mechanisms by which the CPC exercises guidance over law-based
governance, and assume leadership responsibilities in the implementation of
rule of law in your respective regions and departments. Once you have clearly
identified the priorities, you must quickly formulate detailed guidelines and
plans for putting the guiding principles of this plenary session into effect.
On the other hand, we must place the focus of our efforts to comprehensively
advance the rule of law at the community level. We need to make full use of the
primary role of community-level Party committees in advancing the rule of law;
enhance the competence of community-level organizations and personnel in
carrying out the rule of law; guide community-level Party members and officials
in strengthening their awareness of the rule of law and raising their ability
to act in accordance with the law; and work hard to put the various tasks and
measures proposed by the plenary session into effect at the community level.
(这是习近平同志2014年10月23日在党的十八届四中全会第二次全体会议上的讲话的第二部分和第三部分。)
(This is part of a speech delivered at the Fourth Plenary Session of the Eighteenth CPC Central Committee on October 23, 2014.) |
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