For ordinary people, governing the country according to law is not a slogan, but a real expectation.
The communiqué of the Fourth Plenary Session of the 18th CPC Central Committee proposed that the overall goal of comprehensively promoting the rule of law is to build a socialist legal system with Chinese characteristics and a socialist country ruled by law.
Ma Huaide, vice president of China University of Political Science and Law, said that the proposal of the Fourth Plenary Session on the rule of law system was very innovative. "In the past, we all talked about the rule of law. The biggest difference between the rule of law system and the legal system is that the rule of law system is a three-dimensional, dynamic, organic and complete system, while the legal system is a static system, which includes legislation, law enforcement, justice and law-abiding, reflecting the overall requirements of the rule of law."
It is hoped that after the Fourth Plenary Session of the 18th CPC Central Committee, further breakthroughs will be made in more important links and fields of administration according to law, and government departments will consider issues and make decisions based on the law, so that the reform dividend will truly benefit the people.
Background Good law and good governance, law becomes the guarantee of rights.
Once upon a time, "China people don't believe in the law" was a "unique explanation" of some people's national conditions. However, after decades of legal education and publicity, law has now become the most powerful weapon for the public to safeguard their own rights and interests. Statistics from the Supreme People's Court show that from 2008 to 20 13, the Supreme People's Court accepted 50,773 cases, an increase of 174% over the previous five years.
However, the road to the rule of law is still long. According to the statistics of the Central Political and Legal Committee, in 20 13 years, the number of letters and visits registered by political and legal organs nationwide increased by 38.5%. This also shows that "letters and visits do not believe in the law" still has a market.
In reality, the problems of lax law enforcement and unfair justice are still outstanding; Cases are not established, criminals are not investigated, and violations of citizens' legitimate rights and interests occur from time to time; Handling relationship cases, human cases, money cases, and even favoritism, bribery and bending the law have been repeatedly banned.
At the level of law enforcement, many laws and regulations stipulate what is prohibited, but they do not specify specific punishment measures in detail. The practicality of law and the low illegal cost reduce the effectiveness of laws and regulations by half. For example, we have the Food Safety Law, but the problems of poison capsules and waste oil are still serious; We have a property law, but barbaric demolition is still frequent; We have environmental protection laws, but some polluting enterprises are still discharging pollutants unscrupulously. ...
Nowadays, the reform of the judicial system has entered a critical stage-how to effectively get rid of the localization and administration of justice, how to get rid of the stubborn disease of "letters and visits do not believe in the law", so that the people can feel fairness and justice in every judicial case ... A series of reform issues look forward to more specific system planning.
Comment on the way of managing officials according to law and planning the "root cause" of anti-corruption
Ma Huaide, vice president of China University of Political Science and Law, said: "To govern the country according to law, people should not only look at how many laws are made, but also how many laws you have implemented. If the law is only in words, written on paper, but not in action, then there is no dignity and authority of the law.
Since the 18th National Congress, the anti-corruption storm has been strong. The introduction of the "eight regulations", strengthening the central inspection and cracking down on the flight of corrupt officials ... the measures of strictly administering the party have won the support and praise of the people. However, corruption is stubborn and repeated. There are indications that under the high pressure of anti-corruption, some officials are still lucky, and they have changed from "overt corruption" to "covert corruption".
According to the survey, corruption is universal and spreads to every corner of society. As long as the power is concentrated, it is easy to form a soil that breeds corruption. The current anti-corruption work has made gratifying achievements, but it has not completely eradicated the soil of corruption. From the experience of various countries, anti-corruption must go through a process from palliative to radical cure. China should also go through such a process.
The current anti-corruption storm has expanded the possible space for "curing the root cause". in large quantities
While "beating tigers" and "swatting flies" make officials "dare not rot", a series of radical measures that "can't rot" are also advancing. How to build a "cage" of power through a more complete system, how to "dare not rot", "can't rot" and "don't want to rot" through a more effective supervision system ... Planning the way to "cure the root cause" of anti-corruption has become the great expectation of the people for this meeting.
According to media reports, the Central Commission for Discipline Inspection is working with relevant departments to draft and formulate relevant laws and regulations within the party, so as to achieve full coverage of the discipline inspection institutions of the party and state organs at the central level by the Central Commission for Discipline Inspection and make up for the "absence" of accountability for supervision and discipline of party and government organs at the central level. This is one of the important signals that the reform of China's discipline inspection system is fully exerted. In order to achieve with the introduction of a series of inner-party laws and regulations, the anti-corruption system and mechanism are improving day by day, and the party's work style and clean government building and anti-corruption work are qualitatively improved.
However, people expect more supporting systems and reforms, such as the establishment and improvement of the budget system and the official property disclosure system, to fundamentally rule the "officials" according to law and reduce corruption.
Administration according to law puts a "tight hoop" on power.
It is a difficult problem that administrative power enters the track of rule of law, and it is also the people's greatest expectation for governing the country according to law. The rule of law focuses on governing public power and putting a "tight hoop" on power.
Without borders, power will expand endlessly. Administrative examination and approval is an example. In the past, people often complained about the phenomenon of "official seal tourism", and an approval form often had dozens of official seals. The new government has greatly simplified administration and decentralized power, and has decentralized more than 600 administrative examination and approval items over the past year or so. However, the government still manages too much, too carefully and too much in some areas. Some leading cadres in party member are obsessed with "power first"; "Do it on the head, do it on the waist" and "do everything" are still the usual decision-making methods.
In urban construction, environmental protection, industry and commerce, taxation and other departments, some law enforcement officers abuse their powers to get what they want from law-abiding people, and on the other hand, they become the targets of offenders. In the past year, three law enforcement team captains in Shenzhen were "dismissed" on suspicion of taking bribes in investigating illegal buildings, some of whom involved millions of yuan.
Experts believe that to reduce the rent-seeking space of power, it is necessary not only to clarify the law enforcement standards and reasonably stipulate the responsibilities of law enforcement personnel, but also to improve the power supervision mechanism in the long run, so that the administrative law enforcement power can be effectively restrained.
Because of the excessive administrative power, there are often different punishments in the same case, different colleagues, abuse of discretion and other phenomena, which not only affect the authority and seriousness of the law, but also become an incentive for corruption to some extent. Among all kinds of corruption cases, "number one" corruption cases account for more than 70%. Judging from the disclosed cases, the vast majority are "power corruption".
"There is no law prohibiting private rights; For public power, unauthorized is prohibited. " Wang Yukai, a professor at the National School of Administration, believes that in the future, we must minimize the discretion of power and govern and restrain power according to law.
To build a market economy ruled by law, it is necessary to draw a clear line between the government and the market with the rule of law, and form a rule of law in which the market determines the allocation of resources; Build a promising, effective, powerful and responsible government ruled by law under the decision of the market, and realize the legalization of government functions.