Legal basis: Decision IX of the Central Committee of the Communist Party of China on Several Major Issues of Comprehensively Deepening Reform. Promote the construction of China ruled by law.
To build a China ruled by law, we must adhere to the principles of governing the country according to law, governing the country according to law, and integrating a country ruled by law, a government ruled by law, and a society ruled by law. Deepen the reform of the judicial system, speed up the construction of a fair, efficient and authoritative socialist judicial system, safeguard people's rights and interests, and let the people feel fair and just in every judicial case.
(30) Maintaining the legal authority of the Constitution. Constitution is the fundamental law to ensure the prosperity and long-term stability of the party and the country, and it has the highest authority. It is necessary to further improve the supervision mechanism and procedures for the implementation of the Constitution and raise the full implementation of the Constitution to a new level. Establish and improve the system of loyalty, compliance, maintenance and application of constitutional laws in the whole society. Adhere to equality before the law, no organization or individual may have privileges beyond the constitutional law, and all violations of the constitutional law must be investigated.
A legal adviser system is generally established. Improve the review mechanism for the legality of normative documents and major decisions. Establish a scientific rule of law index system and assessment standards. Improve the filing and review system of laws, regulations and normative documents. Improve the social legal education mechanism and enhance the concept of the rule of law for the whole people. Gradually increase the number of larger cities with local legislative power.
(3 1) Deepen the reform of the administrative law enforcement system. Integrate law enforcement subjects, relatively concentrate law enforcement forces, promote comprehensive law enforcement, focus on solving the problem of overlapping powers and responsibilities, and establish an authoritative and efficient administrative law enforcement system with unified powers and responsibilities. Reduce the level of administrative law enforcement and strengthen grassroots law enforcement forces in key areas such as food and drug, safe production, environmental protection, labor security, and islands. Straighten out the urban management law enforcement system and improve the level of law enforcement and service.
Improve administrative law enforcement procedures, standardize law enforcement discretion, strengthen supervision over administrative law enforcement, fully implement the responsibility system for administrative law enforcement and the financial guarantee system for law enforcement funds, and strictly regulate fair and civilized law enforcement. Improve the linkage mechanism between administrative law enforcement and criminal justice.
(thirty-two) to ensure the independent and fair exercise of judicial power and procuratorial power according to law. Reform the judicial management system, promote the unified management of people and property in local courts and procuratorates below the provincial level, explore the establishment of a judicial jurisdiction system that is appropriately separated from administrative divisions, and ensure the unified and correct implementation of national laws.
Establish a management system for judicial personnel that meets professional characteristics, improve the unified recruitment, orderly exchange and step-by-step selection mechanism for judges, prosecutors and people's police, improve the classified management system for judicial personnel, and improve the professional security system for judges, prosecutors and people's police.
(33) Improve the operation mechanism of judicial power. Optimize the allocation of judicial power, improve the mechanism of division of responsibilities, mutual cooperation and mutual restraint of judicial power, and strengthen and standardize the legal supervision and social supervision of judicial activities.
Reform the system of judicial committees, improve the responsibility system of presiding judges and collegiate panels, and let judges judge and referees be responsible. Clarify the functional orientation of courts at all levels and standardize the trial-level supervision relationship between higher and lower courts.
Promote the openness of trials and procuratorial work, and record and save all trial materials. Strengthen the rationality of legal documents, and promote the publicity of the effective judgment documents of the court. Strictly regulate the procedures of commutation, parole and medical parole, and strengthen the supervision system. We will widely implement the system of people's jurors and people's supervisors, and broaden the channels for the people to participate in the judiciary in an orderly manner.
(34) Improve the judicial guarantee system for human rights. The state respects and guarantees human rights. Further standardize the judicial procedures for sealing up, detaining, freezing and handling the property involved. We will improve the prevention, correction and accountability mechanisms for misjudged cases, prohibit extorting confessions by torture, corporal punishment and ill-treatment, and strictly implement the rules for excluding illegal evidence. Gradually reduce the crimes of applying the death penalty.
Cancel the reeducation-through-labor system, improve the laws to punish and correct illegal and criminal acts, and improve the community correction system.
Improve the national judicial assistance system and legal aid system. We will improve the guarantee mechanism for lawyers' practice rights and the punishment system for illegal practice, strengthen the construction of professional ethics, and give play to the important role of lawyers in safeguarding the legitimate rights and interests of citizens and legal persons according to law.