Foreign media predicts that the Fourth Plenum will draw a "road map" of legal China in this way.
The Fourth Plenary Session of the XNUMXth CPC Central Committee with the theme of "ruling the country by law" will be held today.This is the first time that the CCP has conducted special research and deployment in the form of a central plenary meeting to promote the rule of law.Official media believe that the Fourth Plenum will draw up a road map for the "rule of law in China", which will concretize and route the rule of law to make it truly visible, tangible, and useful.
In accordance with the practice of the previous plenary sessions of the CPC Central Committee, the General Secretary of the CPC Xi Jinping will report to the plenary session on behalf of the Politburo, summarizing the work of the Central Committee in economic, reform, anti-corruption, military, diplomatic, and party building in the past year, and lay out the work ideas and priorities for the next year . The plenary session will discuss and pass the "Decision of the Central Committee of the Communist Party of China on Several Major Issues Concerning the Comprehensive Advancement of the Rule of Law".
In addition, the four-day Fourth Plenary Session of the Central Committee will also ratify major anti-corruption achievements and personnel adjustments. The two may be expelled from the party through preliminary handling opinions on the former Politburo Standing Committee member Zhou Yongkang, the former Politburo Standing Committee member, and the Central Military Commission Vice Chairman Xu Caihou. It will be transferred to the judicial organs for processing; the vacancies vacated by the two Central Committee members Jiang Jiemin and Li Dongsheng who have fallen since the 2012th National Congress of the Communist Party of China in November 11 will be filled by the top alternate members of the Central Committee.
Xinhuanet published an article yesterday saying that compared with the inability to follow at the beginning of the reform and opening up, there are now laws to follow in all aspects, but some leading cadres are obsessed with "power supremacy"; "slap your head to do it, pinch your waist to go" and "Big package and large package" is still the usual way of decision-making; Chinese society is still facing the dilemma of "Chinese-style crossing the road", "Chinese-style law and sentiment," "Chinese-style right and law" and other legal construction dilemmas; still facing one aspect Blaming others for not obeying the law, on the other hand, I unconsciously violated the law; on the one hand, I am eager to use the law to protect my own interests, on the other hand, I am worried that the law restricts my freedom.
In a recent report, Xinhua News Agency listed several "lenses" that are missing from the rule of law in China.
Lens XNUMX:When investigating with a secretary of the municipal party committee, the secretary talked to reporters on the urgency of strengthening the rule of law, especially the importance of leading cadres to take the lead in observing the law. After getting off the car, he waved his hand when he was instructing the demolition. He dismantled this and dismantled the other. It was hard to feel his rule of law thinking; it could be described as "talking about the rule of law and making decisions. surging".
Lens XNUMX:A leading cadre who has served as a secretary at the grassroots level said with concern that when he was the secretary of the municipal party committee, someone wanted him to intervene in a court case. He replied that the court heard cases independently and had no right to interfere. As a result, the trustee patted the table and shouted, "The whole city is under your control. Can the court not listen to you?!" The cadre said that he had a cold back at the time, "You said you want to engage in the rule of law, but others have Do not believe."
Cadres have a weak concept of rule of law
Ma Huaide, Vice President of China University of Political Science and Law, pointed out:"To govern the country according to law, people will not only look at how many laws are enacted, but also how much you implement. If the law is just on the lips, written on paper, and not implemented in action, then the dignity and authority of the law cannot be discussed. ". At present, leading cadres have weak legal awareness and concept of the rule of law, the incentive mechanism for law enforcement is not sound, and insufficient accountability for illegal administration is the main problem in the construction of a rule of law government. Therefore, while raising the nation’s awareness of the rule of law, it is necessary to focus on enhancing the concept of rule of law among leading cadres, explore the evaluation indicators of "rule of law GDP", and use "whether or not to act in accordance with the law" as an important basis for investigating and identifying cadres. Establish a clear rule of law orientation in the selection and appointment of cadres.
Xi Jinping mentioned "democracy" 60 times in two speeches commemorating the 65th anniversary of the founding of the National People's Congress and the 122th anniversary of the founding of the CPPCC last month.
Xi Jinping mentioned that in the process of comprehensively deepening reforms, it is necessary to actively and steadily advance the reform of the political system, and use the "eight can" to evaluate whether the political system is democratic. These include: whether the state leadership can be replaced in an orderly manner in accordance with the law; whether the people can express their interest requirements smoothly; whether the ruling party can achieve leadership of state affairs in accordance with the provisions of the Constitution and laws; whether the use of power can be effectively restricted and supervised.
Scholars believe thatHow to truly reflect "Chinese-style democracy" in the rule of law will also be an important content of the Fourth Plenary Session. The Fourth Plenary Session of the Central Committee to promote the rule of law is expected to become a breakthrough in deepening the reform of the political system.
Guan Qingyou, Dean of Minsheng Securities Research Institute, published an article saying that the Fourth Plenary Session of the Fourth Plenary Session uses judicial reform as an entry point to discuss the rule of law, which will help the party to unify the understanding, face the arduousness and difficulties of reform, improve the construction of the political system, and get rid of the law. Dilemma, remove obstacles to reform.
The article said that the reform of the judicial system has become one of the first reforms in the 15 reform areas of the Third Plenary Session of the XNUMXth CPC Central Committee. However, judicial reform is facing numerous difficulties. How to handle the coordination between public security, procuratorate and law so that they can cooperate and supervise each other; how to deal with the relationship between fighting crime and protecting rights; how to deal with the contradiction between stability maintenance and the rule of law, so that the maintenance of stability can be truly based on the rule of law Above, these contents involving the construction of the political system urgently need the top-level design of the central government.
The article also pointed out that the CCP’s anti-corruption efforts are constantly breaking the “conventions” and “forbidden areas”. Since the 50th National Congress of the Communist Party of China, more than 32 officials at or above the provincial and ministerial level have been investigated and dealt with, including former Politburo Standing Committee members, former Vice Chairman of the Military Commission, and Vice Chairman of the CPPCC. . In the first five years of the XNUMXth National Congress of the Communist Party of China, a total of XNUMX officials at or above the provincial and ministerial level were investigated and dealt with on an average of one person every two months. After the XNUMXth National Congress of the Communist Party of China, an average of two or more officials were investigated and dealt with every month. Anti-corruption work has become a highlight of the current Central Committee. business card". But in the long run, anti-corruption needs a long-term and stable restraint mechanism. and"Rule of law and anti-corruption" is the fundamental way out of anti-corruption.Failure to restrict powers, accountability in accordance with the law, and governance of corruption in accordance with the law, the early results are difficult to obtain institutional guarantees, and "exercise-style anti-corruption" can only bring about the recurrence of old diseases and even retaliatory rebound.