The Socialist System of Laws with Chinese Characteristics

That is, under the leadership of the Communist Party of China, adhere to the socialist system with Chinese characteristics, implement the theory of the law-based governance with Chinese characteristics, and form a complete legal norm system, an efficient law-based enforcement system, a strict law-based supervision system, and a powerful law-based guarantee system, form a sound inner-Party legal system, adhere to the joint advancement of law-based governance of the country, law-based exercise of state power, and law-based administration of government, adhere to the integrated construction of a law-based country, a law-based government, and a law-based society, realize scientific legislation, strict law enforcement, judicial justice, and observance of law by all, and promote the modernization of the national governance system and governance capabilities. This is a new concept put forward at the Fourth Plenary Session of the Eighteenth CPC Central Committee in 2014, which embodies the important idea that comprehensively promoting law-based governance is a systematic work.

Under the leadership of the Communist Party of China, adhering to the socialist system with Chinese characteristics and implementing the theory of the rule of law of socialism with Chinese characteristics are the fundamental requirements and fundamental guarantee for building a socialism legal system with Chinese characteristics. Incorporating the leadership of the Party into the whole process and all aspects of governing the country by law, is a basic experience of China's socialist rule of law construction, and also an important feature of the socialist legal system with Chinese characteristics. The socialist system with Chinese characteristics is the fundamental system of the socialist legal system with Chinese characteristics, and the fundamental system guarantee for comprehensively advancing law-based governance.The theory of socialism rule of law of with Chinese characteristics is the product of the combination of Marxist thoughts and theories about the state and law and the actual experiences of the socialist rule of law construction with Chinese characteristics. It provides important theoretical guidance, ideological foundation and academic support for China to comprehensively advance law-based governance and accelerate the construction of a socialist country ruled by law. The socialist legal system with Chinese characteristics covers five aspects: a complete legal norm system, an efficient law-based enforcement system, a strict law-based supervision system, a powerful law-based guarantee system, and a sound inner-Party legal system. Among them, a complete legal norm system and a sound inner-Party legal system are the prerequisites and foundations, an efficient law-based enforcement system is the core and focus, a strict law-based supervision system and a powerful law-based guarantee system are the support and guarantee, and the five systems are logically strict and harmoniously unified. Adhering to the joint advancement of law-based governance of the country, law-based exercise of state power, and law-based administration of government is the fundamental requirement of the socialist legal system with Chinese characteristics.

Building a socialist legal system with Chinese characteristics and comprehensively advancing law-based governance, both aim at building a country ruled by law. Its core is to comprehensively promote the process of scientific legislation, strict law enforcement, judicial justice, and observance of law by all, and modernize and legalize the national governance system and governance capabilities. Adhering to the integrated construction of a law-based country, a law-based government, and a law-based society, is the specific goal of the socialist legal system with Chinese characteristics. Building a law-based country is the long-term goal of building a socialist legal system with Chinese characteristics. Building a law-based government is the focus of building a socialist legal system with Chinese characteristics. Its core is to build a law-based government featured by scientific functions, statutory rights and responsibilities, strict law enforcement, openness and fairness, honesty and high efficiency, observance of law and integrity. Building a law-based society is an important part of the construction of the socialist legal system with Chinese characteristics. Its core is to promote the socialist core values and form the rule of law thinking, awareness and culture that all members of society consciously respect the law, stand in awe of the law, abide by the law, use the law, and uphold the law. The integrated construction of a law-based country, a law-based government and a law-based society complement and promote each other, and jointly constitute the specific goal of building a socialist legal system with Chinese characteristics. Realizing scientific legislation, strict law enforcement, judicial justice, and observance of law by all, and promoting the modernization of the national governance system and governance capabilities, are the ultimate goals of building a socialist legal system with Chinese characteristics.

Scientific legislation requires improving legislative planning, highlighting the key points of legislation, insisting on simultaneous implementation of legislation, revision, abolition, and interpretation, improving the level of scientific and democratic legislation, improving the pertinence, timeliness, systematicness, and effectiveness of laws, improving legislative work mechanisms and procedures, expanding orderly public participation, and fully listening to opinions of all parties, so that the laws can accurately reflect the requirements of economic and social development, better coordinate the relationship of interests, and play the leading and promoting role of legislation. Strict law enforcement requires strengthening the implementation of the Constitution and laws, maintaining the unity, dignity, and authority of the socialist legal system, and creating a rule of law environment in which people do not want to, cannot, and dare not break the law, to the extent that laws are observed and strictly enforced; and that lawbreakers are prosecuted.

Judicial justice requires efforts to make the people feel fair and just in every judicial case. Observance of law by all requires that, any organization or individual must act within the scope of the Constitution and the law. All citizens, social organizations and state agencies must use the Constitution and the law as their code of conduct, and exercise their rights or powers, and perform their duties or responsibilities in accordance with the Constitution and the law. The ultimate goal of building a socialist legal system with Chinese characteristics and comprehensively promoting the law-based governance is to promote the modernization of the national governance system and governance capabilities.