How to promote the realization of the Chinese dream

The rule of law is the guarantee of the Chinese dream of realizing the great rejuvenation of the Chinese nation. How to use the rule of law thinking and the rule of law to promote the realization of the Chinese dream? Legal experts interviewed by this reporter believe that it is particularly important to build a country ruled by law by adhering to administration according to law and fair justice, establishing the judicial authority of law enforcement, and improving the ability of leading cadres to use the rule of law thinking and methods.

Improve the ability of leading cadres to use the rule of law thinking and the rule of law.

The report of the 18th National Congress of the Communist Party of China proposed to improve the ability of leading cadres to deepen reform, promote development, resolve contradictions and maintain stability by using the rule of law thinking and the rule of law. This is the first time in the reports of previous party congresses that leading cadres are required to govern by the rule of law and the rule of law.

If you are a bad collector, you will have laws and not obey them. Leading cadres at all levels are the concrete executors of the party's line, principles and policies, and the ruling ability of leading cadres using the rule of law thinking and the rule of law directly affects the process of national rule of law construction.

In the Weng 'an incident in Guizhou, which shocked the whole country, Shi Zongyuan, then secretary of the Guizhou Provincial Party Committee, made a thought-provoking remark: the deep-seated reason behind this incident was that the interests of local people were frequently violated in the work of mineral resources development, resettlement, house demolition, etc. In the process of dealing with these contradictions and disputes and mass incidents, some cadres were rude, simple in working methods, and even used police force at will.

In recent years, some leading cadres are eager for quick success and instant benefit, and abandon the law in pursuit of political achievements, which seriously infringes on the legitimate rights and interests of citizens and causes various vicious incidents and social contradictions. When dealing with these serious social contradictions, we do not act according to law, or try to "control chaos" by high-handed means, or try to "spend money to buy peace" by making random wishes, which violates the spirit of the rule of law and intensifies social contradictions.

Leading cadres should improve their ability to use the rule of law thinking and the rule of law to administer according to law. Through the reform of the system of selecting and appointing leading cadres, supervision and accountability, we will constantly guide and encourage those who master public power to take the initiative, consciously and be good at using the rule of law thinking and the rule of law to govern the country. At the same time, by perfecting laws, systems and mechanisms, we will constantly improve the rule of law environment and provide conditions and guarantees for those who master public power to use the thinking and methods of the rule of law.

Deepening the reform of administrative law enforcement pays more attention to efficiency and effectiveness.

The Third Plenary Session of the 18th CPC Central Committee pointed out that the overall goal of comprehensively deepening reform is to improve and develop the Socialism with Chinese characteristics system and promote the modernization of the national governance system and governance capacity. According to authoritative media, this is the first time that "state governance" has replaced "state management" in the Party's programmatic document.

From "management" to "governance" means that the relationship between the state, society and people emphasizes institutionalization and standardization, pays more attention to efficiency and effectiveness, and is more in line with the spirit of the rule of law. To achieve "governance", it is necessary to standardize administrative law enforcement to ensure.

Take parking charges in a certain place as an example. Under the multi-head management, no one can control the phenomenon that black toll collectors collect parking fees indiscriminately. The Municipal Appearance Committee said that the problem of arbitrary charges should be reflected to the National Development and Reform Commission; NDRC also said that they only have the right to dispose of regular parking lots that do not charge according to the standard, and cannot supervise illegal parking lots; The urban management department said that without compulsory law enforcement power, it is difficult to manage illegal toll collectors ... There are many administrative law enforcement agencies with unclear powers and responsibilities, which leads to low law enforcement efficiency and poor law enforcement effect.

Deepen the reform of administrative law enforcement system, establish a unified law enforcement system with relatively centralized law enforcement, expand the scope of relatively centralized law enforcement on the basis of relatively centralized law enforcement in urban management, cultural market management, agricultural management and other local government territorial management fields, and focus on solving the problems of scattered law enforcement agencies and insufficient law enforcement power in urban and rural planning and construction, food and medicine, safety production and other fields, and reduce the inefficiency and confusion caused by multi-head management.

Carry out the vertical administrative law enforcement system of the central and provincial governments, explore and expand the vertical management field, get rid of the interference of local governments in administrative law enforcement from local protection, and solve the problem that administrative law enforcement is not independent and fair enough.

Building a fair, efficient and authoritative socialist judicial system

The Central Committee of the Communist Party of China's Decision on Several Major Issues of Comprehensively Deepening Reform clearly puts forward that we should deepen the reform of the judicial system, speed up the construction of a fair, efficient and authoritative socialist judicial system, safeguard people's rights and interests, and let the people feel fairness and justice in every judicial case.

Justice, efficiency and authority are the social effects that can be achieved by using judicial means to solve and resolve contradictions. Building a fair, efficient and authoritative socialist judicial system is the embodiment of the beautiful Chinese dream society.

In recent years, the judicial authority in some places is facing challenges and tests, mainly manifested in some local party and government organs "ordering" the judicial organs to participate in non-judicial activities, depriving the parties of judicial relief opportunities in disguise; Some judicial organs themselves are lax in law enforcement, unfair in justice, and even cause unjust, false and wrong cases.

Judicial justice is the last line of defense to ensure social justice and the guarantee of the rule of law to realize the Chinese dream. Ensuring the independent and fair exercise of judicial power according to law is the premise of ensuring judicial justice. China's Constitution and laws clearly stipulate that people's courts and people's procuratorates independently exercise judicial power and procuratorial power according to law. However, in the management system, the judicial organs rely on local party committees and governments, and it is inevitable that individual leading cadres will interfere with judicial justice and local governments will sacrifice judicial justice for regional interests, resulting in a tendency of localization of judicial power. However, within the judicial organs, judicial personnel carry out administrative management, and law enforcement and case handling activities make decisions through administrative means, which may lead to judicial activities not operating according to the rules of litigation.

In view of the problems existing in the realization of judicial justice, Song said that the Third Plenary Session of the 18th CPC Central Committee made a corresponding response, clearly proposing to explore the establishment of a judicial jurisdiction system that is properly separated from administrative divisions, and to establish a judicial personnel management system that conforms to professional characteristics. He also stressed that under the leadership of the Party, judicial power should be exercised independently and fairly according to law, and at the same time, the exercise of judicial power should be standardized to prevent the abuse of judicial power.