China Communist Party News Network, Beijing, May 11, In a series of speeches, General Secretary Xi Jinping elaborated on the relationship between the rule of law and the leadership of the Party, pointing out that "Whether the Party is big or the law is big" is a political trap and a false proposition. Xi Jinping said: "We should not be vague or vague on this question, but should give a clear answer. ”He also It is pointed out that, For Party and government organizations and leading cadres at all levels, "power or law" is the true proposition“ We should not pretend to be the Party itself, and we should not use the leadership of the Party as a shield for individuals to speak for the law, suppress the law with power, and bend the law for personal gain. ".
Recently, the excerpt of Xi Jinping's Discussion on Comprehensive Rule of Law was published This book excerpts more than 30 important documents such as Xi Jinping's speeches, reports, comments and instructions. Among them, the second part of the book focuses on clarifying the relationship between the rule of law and the leadership of the Party. Some excellent speeches are as follows:
We emphasize the organic unity of adhering to the leadership of the Party, the people as masters of the country, and the rule of law. The most fundamental thing is to adhere to the leadership of the Party. To uphold the leadership of the Party is to support the people as masters of the country and implement the basic strategy of the Party to lead the people in governing the country, namely, governing the country according to law. The leadership of the Party is consistent with the socialist rule of law. Only by adhering to the leadership of the Party can the people become masters of their own affairs, and the institutionalization and legalization of national and social life can be orderly promoted. We cannot oppose upholding the leadership of the Party with the people as masters of the country and governing the country according to law, nor can we use the people as masters of the country and governing the country according to law to shake and deny the leadership of the Party. That would be wrong ideologically and very dangerous politically.
——Speech at the Central Political and Legal Work Conference (January 7, 2014)
In the face of such major issues as upholding the Party's leadership over political and legal work, we must maintain political sobriety and political consciousness, and we must not waver at any time or under any circumstances. We should not only adhere to the Party's unswerving leadership over political and legal work, but also strengthen and improve the Party's leadership over political and legal work, and constantly improve the Party's ability and level of leadership over political and legal work.
——Speech at the Central Political and Legal Work Conference (January 7, 2014)
We must make it clear that Chinese people's democracy is essentially different from the so-called "constitutional government" in the West. The leadership of the Communist Party of China is the most essential feature of socialism with Chinese characteristics. The 15th National Congress of the Communist Party of China (CPC) has long made it clear that the broad masses of the people, under the leadership of the Party and in accordance with the Constitution and laws, manage state affairs, economic and cultural undertakings, and social affairs through various channels and forms to ensure that all work of the country is carried out in accordance with the law, and gradually institutionalize and legalize socialist democracy, This system and law will not change due to the change of leaders, and will not change due to the change of leaders' views and attention. When we talk about governing the country and governing the country in accordance with the Constitution, we do not want to deny and give up the leadership of the Party, but emphasize that the Party leads the people in formulating the Constitution and laws, the Party leads the people in implementing the Constitution and laws, and the Party itself must act within the scope of the Constitution and laws. In the form of fundamental law, the Constitution of our country reflects the achievements made by the Party in leading the people in revolution, construction and reform, and reflects the leadership position of the Party formed in history and people's choice.
——Speech at the Symposium on the Study and Implementation of the Spirit of the Third Plenary Session of the 18th Central Committee of the Communist Party of China on Comprehensively Deepening Reform by Major Provincial and Ministerial Leaders (February 17, 2014)
To comprehensively promote the rule of law, we must follow the right path. If the road goes wrong and goes in the opposite direction, it is meaningless to raise any further requirements and measures. The plenum decided that there is a red line running through the whole article, which is to adhere to and expand the socialist road of rule of law with Chinese characteristics. The socialist road of rule of law with Chinese characteristics is an overall thing. To be specific, we can list dozens of achievements in the construction of the rule of law in China, which can be summed up as opening up a path of socialist rule of law with Chinese characteristics.
——Accelerating the Construction of a Socialist Country under the Rule of Law (October 23, 2014) , Qiushi Magazine, 2015, Issue 1
The leadership of the Party is the most essential feature of socialism with Chinese characteristics and the most fundamental guarantee of socialist rule of law. To adhere to the path of socialist rule of law with Chinese characteristics, the most fundamental thing is to adhere to the leadership of the Communist Party of China. The Party put forward the idea of governing the country according to law. It also put forward the basic strategy of the Party to lead the people to govern the country. The Party has always led the people to promote the rule of law in practice. To comprehensively promote the rule of law should be conducive to strengthening and improving the leadership of the Party, consolidating the ruling position of the Party and fulfilling its ruling mission, rather than weakening the leadership of the Party.
——Accelerating the Construction of a Socialist Country under the Rule of Law (October 23, 2014), Qiushi Magazine 2015 Issue 1
Law is written morality, and morality is the law of the heart. Both law and morality have the function of regulating social behavior and maintaining social order. To govern the country and society, we must pay attention to the rule of law and the rule of virtue at the same time. We should attach importance to both the normative role of law and the educational role of morality, so as to realize that law and morality complement each other, and rule of law and rule of virtue complement each other.
——Accelerating the Construction of a Socialist Country under the Rule of Law (October 23, 2014) , Qiushi Magazine, 2015, Issue 1
The relationship between the Party and the law is a fundamental issue. If it is handled well, the rule of law, the Party and the country will flourish; If not handled well, the rule of law, the Party and the country will decline. The Fourth Plenary Session of the 18th CPC Central Committee clearly emphasized: "The leadership of the Party is the most essential feature of socialism with Chinese characteristics, and the most fundamental guarantee of the socialist rule of law. Implementing the leadership of the Party in the whole process and all aspects of governing the country according to law is a basic experience of China's socialist rule of law construction." This statement captured the key point of the relationship between the Party and the law.
—— Speech at the Symposium on Learning and Implementing the Spirit of the Fourth Plenary Session of the 18th CPC Central Committee and Comprehensively Promoting the Rule of Law for Major Provincial and Ministerial Leaders (February 2, 2015)
To comprehensively promote the rule of law, the direction should be correct and the political guarantee should be strong. The ancients said, "If there is a way to unify it, though there are few laws, it is enough to transform it; if there is no way to act, though there are many laws, it is enough to confuse it." As I said, "Whether the Party is big or the law is big" is a political trap and a false proposition. We should not be vague or vague about this question, but should give a clear answer.
——Speech at the Symposium on Learning and Implementing the Spirit of the Fourth Plenary Session of the 18th CPC Central Committee and Comprehensively Promoting the Rule of Law for Major Provincial and Ministerial Leaders (February 2, 2015)
The socialist rule of law must adhere to the leadership of the Party, which must rely on the socialist rule of law. In China, law is the unified embodiment of the Party's propositions and the people's will. The Party leads the people in formulating constitutional laws and the Party leads the people in implementing constitutional laws. The Party itself must act within the scope of constitutional laws, which is the embodiment of the Party's leadership. The whole Party's activities within the scope of the Constitution and laws are a high degree of consciousness of our Party and a concrete manifestation of upholding the Party's leadership. The Party and the law, the Party's leadership and the rule of law are highly unified.
——Speech at the Symposium on Learning and Implementing the Spirit of the Fourth Plenary Session of the 18th CPC Central Committee and Comprehensively Promoting the Rule of Law for Major Provincial and Ministerial Leaders (February 2, 2015)
When we say that there is no question of "whether the Party is big or the law is big", we take the Party as a whole and refer to its ruling and leading position. Specifically, every party and government organization and every leading cadre must obey and abide by the Constitution and laws, and cannot pretend to be a party, We should not take the leadership of the Party as a shield for individuals to use words instead of the law, use power to suppress the law, and bend the law for personal gain 。 We have some things to submit to the Party committee for assurance, but this assurance is not a personal intervention, not a shield intervention, but a political, procedural, and responsible assurance. This boundary must be clearly defined.
——Speech at the Symposium on Learning and Implementing the Spirit of the Fourth Plenary Session of the 18th CPC Central Committee and Comprehensively Promoting the Rule of Law for Major Provincial and Ministerial Leaders (February 2, 2015)
If "the Party is big or the law is big" is a false proposition, then for party and government organizations and leading cadres at all levels, "the power is big or the law is big" is a true proposition. Throughout the history of human political civilization, power is a double-edged sword, which can benefit the people on the track of the rule of law, while exercising it outside the law will inevitably harm the country and people.
——Speech at the Symposium on Learning and Implementing the Spirit of the Fourth Plenary Session of the 18th CPC Central Committee and Comprehensively Promoting the Rule of Law for Major Provincial and Ministerial Leaders (February 2, 2015)
Recommended reading: Excerpts from Xi Jinping's Discussion on Comprehensive Rule of Law
（1） Rule of law is to uphold and develop socialism with Chinese characteristics Essential requirements and important guarantees
（2） : The most fundamental thing to adhere to the path of socialist rule of law with Chinese characteristics is to adhere to the leadership of the Communist Party of China
（3） : Promote scientific legislation and improve the socialist legal system with Chinese characteristics under the command of the Constitution
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On the way to study: understand the importance of governing the country by law from Xi Jinping's 10 sentences
