How to speed up the process of socialist rule of law in China

First, further clarify the practical significance of carrying forward the spirit of the rule of law and speeding up the process of governing according to law.

First of all, it is an inevitable requirement to further strengthen the party's ruling ability to carry forward the spirit of the rule of law and speed up the process of ruling according to law. Since the 16th National Congress of the Communist Party of China, the Central Committee has made a decision to further strengthen the construction of the Party's ruling ability, and identified the continuous improvement of the ability to control the socialist market economy, develop socialist democratic politics, build advanced socialist culture, build a harmonious socialist society, and cope with the international situation and international affairs as the main tasks for our Party to strengthen the construction of its ruling ability. The 17th National Congress of the Communist Party of China once again clearly stated that "the construction of the Party's ruling ability is related to the overall situation of the Party's construction and Socialism with Chinese characteristics's cause, and it is necessary to take improving the leadership level and ruling ability as the core content of the construction of leading bodies at all levels." . The situation of legal system construction and the level of legislation and law enforcement are directly related to and reflect the party's ruling ability. Carrying forward the spirit of the rule of law and speeding up the process of ruling according to law is a concrete practice of "fully implementing the basic strategy of governing the country according to law and accelerating the construction of a socialist country ruled by law", and it is also an important measure to improve the party's ruling ability and consolidate its ruling position.

Secondly, it is an inevitable requirement to further improve the socialist market economic system to carry forward the spirit of the rule of law and speed up the process of governing according to law. At present, China has initially established a socialist market economic system, but the market system in China is still not perfect, especially the honest mechanism of market economy and the effective mechanism of legal management have not been fully established, and the task of establishing a legal order of socialist market economy is still very arduous. Under the new situation, market subjects and market behaviors need to be further regulated according to law, market awareness and honesty awareness need to be strengthened and shaped by the rule of law, market economic links such as production, exchange, distribution and consumption need to be regulated and guided by the rule of law, macro-control and management need to be promoted by the rule of law, and economic crimes need to be cracked down and governed according to law. Therefore, we must carry forward the spirit of the rule of law, speed up the process of ruling by law, and gradually form a good legal order of market economy, thus providing a strong guarantee of the rule of law for perfecting the socialist market economy.

Third, it is an inevitable requirement to carry forward the spirit of rule of law and speed up the process of governing according to law. With the deepening of reform and opening up, the adjustment of interest pattern has touched the rigid part of the traditional system more and more deeply, and touched the link most closely related to the real interests of the people. The introduction of some reform and development policies and measures may benefit the vast majority of people, but it may also lead to the loss of the interests of a few people. Conflicts of interest between different regions, different industries, different classes and different groups have increased, and various interest relationships have become more complicated, making it more difficult to take into account the interests of all parties. In this case, it is particularly necessary for our party to attach great importance to coordinating various interests and properly handle various conflicts of interest, so as to effectively integrate various social relations and promote the benign interaction of various social forces. To build a harmonious socialist society, we must pay more attention to solving social contradictions, coordinating social interests and ensuring social fairness and justice. We must rely on the rule of law to strengthen social management, crack down on all kinds of crimes, ensure social stability and order, strictly guard against and crack down on infiltration and sabotage activities of hostile forces, and safeguard national security. Only by comprehensively implementing the socialist concept of rule of law and the connotation of modern thought of rule of law in legislation, administration, judicature, legal supervision, civil behavior and the party's leadership over rule of law construction can we better coordinate and promote the construction of a country ruled by law, a government ruled by law and a society ruled by law, thus comprehensively promoting the progress and harmony of social civilization.

Second, further promote the spirit of the rule of law and accelerate the process of governing according to law.

The sixth part of the report of the 17th National Congress of the Communist Party of China takes "unswervingly developing socialist democratic politics" as the theme, focusing on the construction of socialist democracy and legal system from six aspects, and making overall arrangements for "fully implementing the basic strategy of governing the country according to law and accelerating the construction of a socialist country ruled by law". The report is full of socialist concept of rule of law and modern spirit of rule of law. At present, to study and implement the spirit of the 17th National Congress of the Communist Party of China, we must firmly establish the socialist concept of rule of law, carry forward the spirit of rule of law, and speed up the process of governing according to law.

(a) to expand new ways of legal publicity and education, carry forward the spirit of the rule of law, and form a social atmosphere of consciously learning and obeying the law.

The report of that 17th national Congress of the communist Party of China point out that "it is necessary to uphold the core role of the Party in taking the overall situation into consideration and coordinate all parties, improve the Party's scientific, democratic and legal governance, and ensure that the Party leads the people to effectively govern the country; Insist that all state power belongs to the people, expand citizens' orderly political participation at all levels and in all fields, mobilize and organize the people to manage state affairs and social affairs according to law, and manage economic and cultural undertakings; Adhere to the basic strategy of governing the country according to law, establish the socialist concept of rule of law, realize the rule of law in all state work, and protect the legitimate rights and interests of citizens. " Therefore, the current focus of legal publicity and education is to fully implement the "Five-year Plan for Governing the Country by Law", carry forward the spirit of the rule of law in the whole society, establish legal authority, cultivate civic awareness, enable people to exercise their rights and fulfill their obligations according to law, and promote the administration, judicial organs and procuratorial organs to administer justice according to law.

First, around strengthening the construction of ruling ability, focusing on promoting the rule of law in social management, organizing leading cadres and state public officials to learn and master basic legal theories, constitutions and basic laws, as well as laws and regulations related to their own work, so that leading cadres and state public officials can consciously use the socialist concept of rule of law to guide the practice of rule of law, and strive to improve their ability and level of decision-making, management, administration and handling affairs according to law. Put an end to the incidents of perverting the law, major criminal cases, serious violations of the interests of the masses, major safety accidents and economic losses that affect social stability and harmony due to leadership decision-making mistakes, dereliction of duty, illegal administration and poor supervision, and promote the rule of law in social management.

Second, focusing on promoting the construction of market economy and maintaining the lawful, fair, orderly and coordinated development of economic activities, organizing business operators to study the Constitution and the basic laws of the state, especially the laws and regulations that guarantee the orderly operation of the socialist market economy, educating and guiding business operators to firmly establish legal awareness, market awareness and integrity awareness, and standardizing market economic links such as production, exchange, distribution and consumption according to law. The legalization of macro-control and management needs to be promoted, and economic crimes need to be cracked down and punished according to law.

Third, around strengthening the construction of a harmonious society, with "learning laws, stressing rights, stressing obligations and stressing responsibilities" as the main line, we will carry out publicity and education on the Constitution and basic national laws among all citizens, learn and publicize the knowledge of laws and regulations closely related to citizens' work, production and life, and enhance citizens' enthusiasm for learning laws and regulations and their consciousness of fulfilling their responsibilities and obligations. Focusing on strengthening teenagers' legal awareness, we will strive to build a trinity system of teenagers' ideological, moral and legal education. According to students' different ages, psychological characteristics and acceptance ability, based on the rich carriers that teenagers like and are willing to participate in, we carefully design and organize lively and entertaining legal education activities, so that teenagers can learn and master the constitution, prevent juvenile delinquency, protect their rights and interests and other laws and regulations closely related to teenagers, and cultivate them to respect the law. At the same time, as ethnic minority areas, it is necessary to strengthen the education of the constitution and the law of regional ethnic autonomy for the people of all ethnic groups, so that the people of all ethnic groups can firmly establish civic awareness and national awareness, consciously safeguard the reunification of the motherland and national unity, and lay a solid foundation for the rule of law in building a harmonious society.

(2) comprehensively promote administration according to law and accelerate the construction of a government ruled by law.

The report of the 17th National Congress of the Communist Party of China pointed out that China's "democracy and legal system construction has not fully adapted to the requirements of expanding people's democracy and economic and social development". "Two Incomplete Adaptations" exist not only in legislation, but also in law enforcement. When analyzing the problems and gaps in the work in the past five years, the report pointed out that there are still many issues that have a bearing on the vital interests of the masses, such as labor and employment, social security, income distribution, education and health, residents' housing, and safe production. Therefore, in accordance with the requirements of "accelerating the reform of administrative management system and building a service-oriented government" put forward by the 17th National Congress of the Communist Party of China, we must conscientiously implement the Outline of Comprehensively Promoting Administration by Law, strictly apply laws to manage economic and social affairs, and realize the proceduralization, standardization and legalization of administrative actions.

First, we must continue to promote the transformation of government functions. Administrative organs and their staff should establish a sense of statutory authority and responsibility, exercise administrative power in strict accordance with statutory duties and procedures, and regard administration according to law as the primary task of the government's own construction. Further transform functions, effectively transform government functions into economic regulation, market supervision, social management and public services, realize the transformation from an all-round government to a limited government, and strive to build a people-friendly government, a service government, a responsible government and a government ruled by law that people trust and are satisfied with.

The second is to improve the government decision-making mechanism. In order to ensure the legalization, scientification and democratization of decision-making, governments at all levels should establish and improve the administrative decision-making mechanism combining public participation, expert argumentation and government decision-making. In the process of exercising decision-making power, they should listen to people's opinions extensively, and introduce publicity system and hearing system, so as to collect people's feelings, fully reflect public opinion and make decisions better reflect people's interests. At the same time, speed up the construction of e-government, promote the openness of government affairs, improve the transparency of government work, and protect citizens' right to know, participate, express and supervise government work.

The third is to further rationalize the administrative law enforcement system. Accelerate the establishment of an administrative law enforcement system with clear rights and responsibilities, standardized behavior, effective supervision and strong guarantee, further reduce the level of administrative law enforcement, standardize the examination and approval procedures and links, change the situation of multi-head law enforcement, lack of law enforcement, offside and dislocation, and promote the standardization and rule of law in administrative law enforcement activities.

Fourth, we should constantly strengthen the supervision of administrative law enforcement. We will implement the administrative law enforcement responsibility system, the open system of law enforcement basis, the appraisal system of law enforcement behavior and the accountability system for law enforcement faults, improve and strictly implement the administrative compensation and compensation system, and ensure that law enforcement is guaranteed, power is responsible, the right to use is supervised, violations are investigated, and infringement will be compensated. Improve the supervision and assessment system of administrative law enforcement with the responsibility system of administrative law enforcement as the core, and actively explore the performance evaluation and reward and punishment methods of administrative law enforcement.

(3) Adhere to judicial justice and earnestly safeguard social fairness and justice.

The report of the 17th National Congress of the Communist Party of China pointed out that China's "democracy and legal system construction has not fully adapted to the requirements of expanding people's democracy and economic and social development". There are also "two incomplete adaptations" in the judicial field. Problems such as judicial injustice, long-term indecision and difficulty in execution directly affect judicial credibility and legal authority. The 17th National Congress of the Communist Party of China clearly stated that it is necessary to "deepen the reform of the judicial system, optimize the allocation of judicial powers, standardize judicial behavior, build a fair, efficient and authoritative socialist judicial system, and ensure that judicial organs and procuratorial organs independently and impartially exercise judicial power and procuratorial power according to law".

First of all, we should strengthen the judicial function. Ensure that judicial organs independently exercise judicial power and procuratorial power according to law, severely punish crimes, and regulate economic and social relations according to law. First of all, it is necessary to improve the working mechanism for safeguarding the legitimate rights and interests of litigation participants, ensure that the parties and other litigation participants enjoy various litigation rights, properly mediate cases involving citizens' property rights and personal rights, safeguard citizens' legitimate rights and interests, and ensure that lawyers practice according to law in criminal proceedings; Secondly, it is necessary to intensify the investigation and prevention of duty crimes and promote the in-depth development of the anti-corruption struggle; Thirdly, it is necessary to increase the publicity of the whole process of case execution, strengthen the application and enforcement of compulsory sanctions, and effectively solve the problem of difficult implementation.

The second is to improve the supervision and restriction mechanism within the judicial organs. We will improve the judicial responsibility system for handling cases, the accountability system for misjudged cases and the judicial compensation system, promote the openness of trials, procuratorial work and police affairs, and enhance the transparency and credibility of judicial work. At the same time, it is necessary to improve the supervision and restriction mechanism of the public, procuratorial, legal and departmental departments, which is not only responsible for the division of labor, but also cooperates and restricts each other. Procuratorial organs should fully perform their legal supervision functions, supervise the judicial and law enforcement activities of judicial organs and investigation organs according to law, investigate and deal with corruption in the judicial field according to law, and ensure fair justice and strict law enforcement.

(four) to strengthen supervision, establish and improve the restriction and supervision mechanism of power operation.

First, strengthen the construction of the supervision system to ensure that laws are observed and violators are prosecuted. Focus on the supervision of local state power organs and build an all-round supervision network. Make full use of legal supervision, administrative supervision, mass supervision, public opinion supervision, democratic supervision and various means of supervision within the party to strengthen power restriction and ensure that public power is strictly supervised.

Second, it is necessary to strengthen the supervisory functions of Party committees, people's congresses, governments and judicial organs. Strengthen inner-party supervision, give full play to the functions of the Commission for Discipline Inspection in punishing and preventing corruption with equal emphasis on education, system and supervision, and increase supervision over party organizations, law enforcement departments, party member and law enforcement personnel; Strengthen the supervision of NPC, further improve the evaluation system of NPC and its Standing Committee on law enforcement agencies and judicial organs, and support and supervise the correct implementation of laws and regulations; Strengthen the internal supervision and hierarchical supervision of government organs, promptly correct and severely investigate all kinds of illegal administrative acts, and ensure administration according to law; Strengthen the legal supervision of procuratorial organs, and resolutely correct such phenomena as non-compliance with laws, lax enforcement, failure to investigate violations of laws, and abuse of power for personal gain.

The third is to give full play to the function of social supervision. Strengthen the supervision of democratic parties and people's organizations, improve the reporting system, strengthen the work of letters and visits, further unblock the channels of mass supervision, give play to the supervisory role of the public and the news media, and ensure the universality and effectiveness of supervision.

(five) standardize and expand legal services, and give full play to the role of legal service organizations.

First of all, we should standardize the subject of legal services. Improve the legal service system such as lawyers, notaries, grassroots legal services and legal aid, give full play to the market intermediary role of legal services, and help the masses solve practical problems such as litigation difficulties.

The second is to strengthen the management of the legal service industry. Gradually improve the management system of combining professional management of judicial administrative departments with self-discipline management of legal service institutions. Cultivate and standardize the legal service market, standardize the professional ethics and practice discipline of legal service practitioners, and create a good legal service practice environment.

The third is to expand the field of legal services. Focusing on the strategic deployment of local economic development, we will further promote legal services to intervene in economic, political, cultural, social and other fields and extend to communities, better serve the overall situation of economic and social development, and provide legal services for local economic construction and deepening reform.

(six) to carry out in-depth activities of peace building and improve the long-term mechanism to ensure social stability.

Comprehensive governance is a mechanism to promote governance according to law and realize the concept of rule of law. At present, we are in a period of social transformation, and a diversified interest pattern is taking shape. Building a harmonious society requires us to make overall arrangements, think as a whole, and coordinate diversified conflicts of interest, so that all elements and parts of the social system are in a state of mutual adaptation and coordination, so as to achieve harmony but difference, mutual complementarity, interaction and comprehensive coordination required by a harmonious society. Therefore, we must scientifically and reasonably use political, economic, legal, moral, administrative and other means to co-ordinate various social resources and implement comprehensive management. When implementing the strategy of governing the country according to law, we should not only fully affirm the positive role of governing according to law, but also realize the importance of comprehensive management to make up for the lack of pure rule of law.

First, improve the working mechanism of comprehensive management of social security. Strengthen the overall coordination and scientific planning of comprehensive management of social security, and form a general pattern of social security prevention and control with unified leadership of the Party committee and government, coordination and cooperation of comprehensive management institutions, political and legal organs as the backbone, prevention and treatment by groups as the basis, prevention work within society, residential areas and units as the basis, and people, regions and units as the focus. In industries and time periods with frequent cases, "civil air defense is implemented, physical defense is consolidated, technical defense is improved, and coordination is achieved."

The second is to improve the mechanism for investigating and mediating contradictions among the people. Establish a mechanism for safeguarding the rights and interests of the masses led by the Party committee and the government, gradually establish and improve the coordination and leadership mechanism for people's mediation, form a pattern of large-scale investigation and mediation with the party and government taking the lead, departments linking and all parties participating, realize the organic combination of people's mediation, administrative mediation and judicial mediation, adopt more mediation methods, and comprehensively use legal, policy, economic and administrative means to educate, negotiate and guide people to solve the difficulties and problems reflected by the masses in a timely and reasonable manner according to law, and prevent and reduce mass incidents.

The third is to improve the emergency response mechanism for public safety incidents. Further improve the special plan for handling major emergencies and mass incidents, improve the early warning system and rapid response mechanism, emergency response mechanism and emergency rescue mechanism, effectively improve the emergency response capability, ensure public safety and maintain social stability.

Third, carry out in-depth activities of "government under the rule of law" and comprehensively promote governance according to law.

In order to implement the "Five-Year Plan", the Party Committee of the Autonomous Region took the lead in formulating the opinions on the implementation of the "six advances in the rule of law" campaign, requiring all localities in Xinjiang to do a good job of "advancing the rule of law into organs" first, and then comprehensively promote the "six advances in the rule of law". He also stressed that it is necessary to strengthen the practice of the rule of law, improve the awareness and ability of civil servants, especially leading cadres at all levels, vigorously strengthen the rule of law construction of leading bodies at all levels, seriously solve the "hot spots" and "difficulties" that the masses care about and the outstanding problems of public officials performing their duties and handling affairs according to law, effectively improve their ability to govern and administer according to law, and build a government ruled by law. As an oil industrial city, Karamay should do a good job in the activities of "rule of law into institutions" and "rule of law into communities" at the same time, and lay a solid foundation for ruling according to law.

First, improve residents' autonomy and build a new type of community with orderly management, civilization and peace. Further intensify the work of community governance according to law, promote the openness of community government affairs, and protect the democratic rights of community residents according to law. Give full play to the role of community neighborhood committees and comprehensively promote community construction, community management and community service. We will improve the organization of prevention and treatment by groups, maintain community order, and actively do a good job in helping and resettling released prisoners.

The second is to improve the democratic management system of enterprises and institutions and protect the legitimate rights and interests of employees according to law. Strengthen the governance of enterprises and institutions according to law, adhere to and improve the democratic management system of enterprises and institutions with the workers' congress as the basic form, implement the system of open government affairs, ensure that employees exercise their rights of democratic management and democratic supervision through the workers' congress system, and safeguard their legitimate rights and interests.

The third is to do a good job in the special activities of governance according to law and enhance the effect of governance according to law. Grasp some outstanding problems that affect and restrict the economic and social development of our city, as well as the hot and difficult issues that the society and the masses pay attention to, carry out special treatment according to law, and effectively solve problems that affect the vital interests of the masses.

Comrade Deng Xiaoping pointed out that "there are still some imperfections in our democratic system, and a series of laws, decrees and regulations should be formulated to institutionalize and legalize democracy", adding that "democracy must be institutionalized and legalized, so that this system and law will not be changed because of changes in leaders' views and attention. "Comrade Deng Xiaoping hit the nail on the head and pointed out the importance of the rule of law, safeguarding the democratic system and regulating the operation of power. The 17th National Congress of the Communist Party of China once again stressed the need to "fully implement the basic strategy of governing the country according to law and accelerate the construction of a socialist country ruled by law". Governing the country according to law is to unify the adherence to the party's leadership, the promotion of people's democracy and the strict handling of affairs according to law from the legal system, and ensure the implementation of the party's basic theory, line, program and experience. Whether the Party can correctly lead legislation, take the lead in abiding by the law and ensure law enforcement is a major test of the Party's ruling ability. The more the Party attaches importance to the construction of socialist legal system, the more its ruling ability can be improved and its ruling position can be effectively guaranteed. Ruling by law is the basic form for the Party committee, government and administrative law enforcement departments to manage state affairs, the concrete practice of implementing the general plan of governing the country by law, carrying forward the spirit of the rule of law and promoting ruling by law, and it is a complex systematic project. It is necessary to let the broad masses know and understand the law and form the concept of rule of law with the supremacy of law. We should not only administer and make decisions according to law, but also regulate the abuse of power and safeguard legal authority. Only in this way can we establish confidence in the rule of law in the whole society and ensure the realization of the goals set by the 17th National Congress of the Communist Party of China.