Adhere to the rule of law in an all-round way and promote the construction of China under the rule of law

2022-11-17

"Adhere to the rule of law in an all-round way, and promote the construction of China under the rule of law". The report of the Twentieth National Congress of the Communist Party of China put forward that the comprehensive rule of law is a profound revolution in national governance, which is related to the Party's governance and rejuvenation of the country, the well-being of the people, and the long-term stability of the Party and the country. We must give better play to the role of the rule of law as a safeguard to consolidate the foundation, stabilize expectations and benefit the long term, and comprehensively build a modern socialist country on the track of the rule of law. Four law experts and scholars talked about their own learning experience around the relevant discussion on the comprehensive rule of law proposed by the 20th National Congress of the Communist Party of China. ——The editor insisted on legislating in accordance with the Constitution and safeguarding the authority of the Constitution. Mo Jihong, our Party has always attached great importance to the rule of law. The report of the 20th National Congress of the Party took "adhering to the rule of law in an all-round way and promoting the construction of a China ruled by law" as a separate part, and put forward four tasks and requirements around the rule of law in an all-round way. The first is to "improve the socialist legal system with Chinese characteristics with the Constitution as the core". The report puts forward that "to adhere to the rule of law, we must first adhere to the rule of the Constitution", "strengthen the implementation and supervision of the Constitution, and improve the institutional system to ensure the full implementation of the Constitution", "promote scientific, democratic, and law based legislation, make overall plans to reform, abolish, interpret, and compile, and enhance the systematicness, integrity, synergy, and timeliness of legislation". To understand and implement the relevant requirements of the report of the 20th National Congress of the Communist Party of China, it is necessary to further improve the socialist legal system with Chinese characteristics with the Constitution as the core, strengthen the legislative work and improve the legislative quality. At the fourth session of the Eleventh National People's Congress, the work report of the Standing Committee of the National People's Congress proposed that, "A socialist legal system with Chinese characteristics, which is based on China's national conditions and reality, meets the needs of reform and opening up and socialist modernization, and embodies the will of the Party and the people in a centralized way, has been formed, with the Constitution as the commander in chief, the laws of the relevant laws of the Constitution, the civil law and commercial law as the backbone, and the legal norms at multiple levels, including laws, administrative regulations, and local regulations.". It can be seen that taking the Constitution as the core has become an important feature of the socialist legal system with Chinese characteristics since its formation. In order to ensure that the laws, regulations and other normative documents that constitute the socialist legal system with Chinese characteristics meet the requirements of the Constitution, the report of the 19th National Congress of the Communist Party of China put forward the requirement of "promoting constitutional review and safeguarding the authority of the Constitution". Constitutional review is to ensure that laws, regulations and other normative documents conform to the requirements of the Constitution, constitutional principles and the spirit of the Constitution, and to establish the core position of the Constitution in the socialist legal system with Chinese characteristics. In order to ensure the core position of the Constitution in the socialist legal system with Chinese characteristics, the Decision of the Central Committee of the Communist Party of China on Several Major Issues Concerning Comprehensively Promoting the Rule of Law adopted at the Fourth Plenary Session of the 18th Central Committee of the Communist Party of China proposed to "make every piece of legislation conform to the spirit of the Constitution". Article 3 of the Legislative Law stipulates that legislation should follow the basic principles of the Constitution. It can be seen that in order to thoroughly implement the spirit of the Twentieth National Congress of the Communist Party of China, we must pay attention to "legislation in accordance with the Constitution". Only by adhering to the principle of "legislation in accordance with the Constitution" and making normative documents such as laws and regulations consistent with the Constitution can we ensure that the socialist legal system with Chinese characteristics always focuses on the Constitution. It is necessary to establish "legislation in accordance with the Constitution" in legislation

Edit:sishi    Responsible editor:xingyong

Source:http://www.people.com.cn/

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