The Constitution is the fundamental law of the country, the general charter of the state and the state, and the concentrated expression of the will of the party and the people. The Fourth Plenary Session of the Nineteenth Central Committee of the Communist Party of China put forward "adhering to and improving the socialist system of rule of law with Chinese characteristics, improving the party's ability to govern the country according to law, and governing power according to law", and made special arrangements and clear requirements for comprehensively strengthening the implementation of the Constitution. This is of great significance for adhering to administering the country in accordance with the law in a new situation, strengthening the implementation and supervision of the constitution, maintaining the authority of the constitution, and giving full play to the role of the country's fundamental law. We must place the full implementation of the Constitution in a more prominent position, improve the institutions and mechanisms that guarantee the full implementation of the Constitution, and continuously improve the level of constitutional implementation.
The rule of law, as the basic way of governing the country by our party, means not only the institutionalization, standardization and proceduralization of party, state, and social affairs, but also the requirement that all legal rules conform to the Constitution, the people of all ethnic groups, all state organs, and the armed forces. Forces, political parties, social groups, and enterprises and institutions must all take the Constitution as the fundamental criterion for their activities. Our Constitution recognizes the great struggle and fundamental achievements of the Chinese Communist Party in leading the Chinese people to revolution, construction, and reform in the form of the fundamental national law, and establishes a state body and people's congress system led by the working class and based on the workers 'and peasants' alliance. The government system has determined the country ’s fundamental tasks, core leadership, guiding ideology, development path, and goals of struggle. It has stipulated a multi-party cooperation and political consultation system under the leadership of the Communist Party of China, a regional ethnic autonomy system and a grassroots mass autonomy system, and a patriotic united front. The principles of socialist rule of law, the principle of democratic centralism, the principle of respect and protection of human rights, etc., reflect the common will and fundamental interests of the people of all ethnic groups in our country. The Fourth Plenary Session of the 19th CPC Central Committee emphasized that "ruling the country according to law must first adhere to governing the country according to the law, and governing according to the law must first adhere to governing according to the constitution." Adhering to governing the country according to the constitution and governing according to the constitution is to adhere to and improve the socialist legal system with Chinese characteristics. Basic work.
The 70 years of the founding of New China, especially the 40 years of reform and opening up, have fully proved that the Constitution of our country has effectively consolidated the leadership of the Communist Party of China, effectively protected the people as the masters of the country, effectively promoted reform, opening up and socialist modernization, and strongly promoted the socialist rule of law. The state-building process has effectively safeguarded national unity, national unity, and social harmony and stability. It is a good constitution that conforms to national conditions, reality, and the requirements of the times. It is also a major institutional achievement achieved by the Chinese Communist Party under the leadership of the Chinese people. "A country is strong and impermanent. Those who follow the law are strong, and those who are weak are weak." Only by adhering to governing the country according to the constitution, governing according to the constitution, maintaining the authority of the constitution, and giving full play to the role of the country's fundamental law of the constitution, can we adhere to it. Govern the country in accordance with the law, build a socialist country ruled by law, and provide a strong guarantee for the prosperity of the country, the rejuvenation of the nation, and the happiness of the people.
Comrade Xi Jinping pointed out: "The life of the Constitution lies in its implementation, and the authority of the Constitution also lies in its implementation. We must unswervingly carry out the implementation of the Constitution and raise its full implementation to a new level." The full implementation of the Constitution is the primary task of governing the country in accordance with the law. It is the basic work for building a socialist country ruled by law. As long as we earnestly respect and fully implement the Constitution, the people will be the masters of the country and the party and state will develop smoothly. To ensure the full implementation of the Constitution, we must strengthen the party's overall leadership. The party's leadership provided a strong political guarantee for the full implementation of the Constitution. At the same time, the party also took the lead in admiring and enforcing the Constitution, unifying the leadership of the people in formulating and implementing constitutional laws with the party's adherence to activities within the scope of the constitutional laws. From the Fourth Plenary Session of the Eighteenth Central Committee of the Party to "improve the constitutional supervision system of the National People's Congress and its Standing Committee, and to improve the constitutional interpretation process mechanism", to the 19th National Congress of the Party, "strengthening the implementation and supervision of the Constitution and advancing constitutional review, "Protect the authority of the Constitution", and at the Fourth Plenary Session of the Nineteenth Central Committee of the Party put forward "sound system and mechanism to ensure the full implementation of the Constitution", our party's understanding of the full implementation of the Constitution is continuously deepening.
The Fourth Plenary Session of the Nineteenth Central Committee of the Communist Party of China proposed to implement the constitutional interpretation process mechanism, advance the constitutional review work, strengthen the filing review system and capacity building, and revoke and correct normative documents that are unconstitutional and illegal in accordance with the law. Among them, the implementation of the constitutional interpretation process mechanism can actively respond to relevant issues related to the constitution, and further make a legally valid explanation of the meaning, boundaries and interrelationships of constitutional norms, so that the constitutional norms can adapt to the changing realities of social life and realize the constitution Unity of stability and adaptability. Promote constitutional review work, strengthen the filing review system and capacity building, and revoke and correct unconstitutional and regulatory normative documents in accordance with the law, mainly referring to regulations and rules and system policies proposed by relevant parties. How it applies should be subject to the constitutional review of the Standing Committee of the National People's Congress in order to ensure compliance with the provisions of the Constitution and the spirit of the Constitution. After the promulgation of all laws and regulations, judicial interpretations and other normative documents, they must be included in the scope of record review in accordance with law and regulations. The relevant normative documents should be checked for content that does not conform to the provisions of the Constitution and the spirit of the constitution. Errors must be corrected. These systems ensure that constitutional principles, constitutional norms, and the spirit of the constitution are implemented in laws and regulations, judicial interpretations, and other normative documents. The supreme legal effect of the Constitution is effectively achieved both in substance and in procedure, reflecting the proper authority of the Constitution as the fundamental law.
The Fourth Plenary Session of the 19th CPC Central Committee also proposed to improve the mechanism for ensuring equality before the law. Comrade Xi Jinping pointed out: "The foundation of the Constitution lies in the support of the people from the heart, and the power of the Constitution lies in the sincere belief of the people." The constitution can only become a conscious action of all people if it is deeply rooted in the hearts of the people. Only by ensuring that all people are equal before the law and meeting the new expectations of the people for fairness and justice can the Constitution be more deeply rooted. We must ensure the effective implementation of the relevant provisions of the Constitution on equality of all persons before the law through system construction, so that all citizens can be treated equally according to law, and all are equal in the application of the law. This requires us to embody adherence to equality before the law in all aspects of legislation, law enforcement, justice, and observance of the law, effectively safeguard the people's dominant position in governing the country according to law, and effectively inspire the people to respect the Constitution, study the Constitution, abide by the Constitution, and safeguard the Constitution 2. Use the enthusiasm of the constitution to push the implementation of the constitution into a new realm and reach a new level of constitutional authority. (Tu Yunxin)
(The author is an assistant researcher at the Shanghai School Xi Jinping's New Age Socialist Thought Research Center with Chinese Characteristics)
People's Daily (December 30, 2019, 09 edition)
Editor-in-chief: Shan Jie_DW089
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