Beijing, China Communist Party News Network, May 15 (Xinhua) General Secretary Xi Jinping proposed to "uphold fair justice and strive to make the people feel fair and just in every judicial case". He also pointed out that, "The news media should strengthen the supervision of law enforcement and judicial work, but should support the correct actions of the law enforcement and judicial departments, strengthen the interpretation of doubts, carry out rational guidance, and do not follow the crowd, let alone pick your nose and eyes when you are not sure where you are.". The recently published "Xi Jinping's Essay on Comprehensive Rule of Law" published part of the original speech. We excerpted the wonderful speech, and together we realized that the General Secretary attaches great importance to fair justice in the process of building a socialist country ruled by law.
We should treat the people's demands fairly according to law, Try to make people feel fair and just in every judicial case We must not let an unjust trial hurt the feelings of the people or damage their rights and interests.
——Speech at the Conference of All Circles in the Capital to Commemorate the 30th Anniversary of the Promulgation and Implementation of the Current Constitution (December 4, 2012), Selected Works of Important Documents Since the 18th National Congress (I), Central Document Press, 2014 edition, page 91
To comprehensively promote the rule of law, we must uphold fair justice. Fair justice is the last line of defense to safeguard social fairness and justice. The so-called fair justice means that the rights infringed will be protected and relieved, and the illegal and criminal activities will be punished. If the people cannot guarantee their legitimate rights through judicial procedures, then the judiciary will not have credibility and the people will not believe in the judiciary. The law should have the function of settling disputes, and the judicial trial should have the function of finality. If the justice is unfair and the people are not satisfied, these functions will be difficult to achieve.
——Speech at the Fourth Collective Learning of the Political Bureau of the 18th CPC Central Committee (February 23, 2013)
We should adhere to the principle of justice for the people, improve the judicial work style, and earnestly solve the problem of people's difficulty in litigation through enthusiastic service. In particular, we need to increase legal assistance for people in need to safeguard their legitimate rights and interests, and speed up the resolution of the problem of lacking lawyers in some places and the lack of lawyers in underdeveloped areas. If the masses have a judicial demand and need to file a lawsuit, where does fair justice come from? Judicial workers should keep close contact with the masses. If they do not understand the language of the masses, the sufferings of the masses, and the appeals of the masses, it will be difficult to master the correct working methods and play their due role. It is the so-called "Zhang Fei sells tofu" - people force goods, but not hard. The law should not be cold, and judicial work is also mass work. A judgment may give justice to the parties, but it may not solve the "heart knot" of the parties. If the "heart knot" is not solved, the case will not be really closed.
——Speech at the Fourth Collective Learning of the Political Bureau of the 18th CPC Central Committee (February 23, 2013)
Bacon, the British philosopher, said: "One unjust judgment can even lead to more than ten crimes. Because although a crime is to ignore the law - like polluting the water flow, and an unjust judgment destroys the law - like polluting the water source." The reason is profound. The political and legal organs are the departments where people usually deal with a lot, and they are a mirror for people to see the Party's style and political conduct. If we do not make efforts to let the people feel fairness and justice in every judicial case, the people will not trust the political and legal organs, and thus the party and government.
——Strict Law Enforcement and Fair Justice (January 7, 2014) , Selected Documents Since the 18th National Congress of the Communist Party of China (I) , Central Literature Press, 2014 edition, page 718
"Just and honest, honest and dignified." Whether law enforcement and justice have credibility mainly depends on two points, one is fairness and injustice, and the other is incorruptibility. These two points are simple to say, but it is not easy to do. We should focus on professional conscience, adhere to the rule of law, institutional constraints, open operation and other links, and work tirelessly and persistently.
——Strict Law Enforcement and Fair Justice (January 7, 2014) , Selected Documents Since the 18th National Congress of the Communist Party of China (I) , Central Literature Press, 2014 edition, page 718
The vitality of the system is in the implementation. Without strict implementation of the system, "broken window effect" will be formed. For example, many countries in the world have made strict regulations on lawyers' contact with judges and prosecutors. Lawyers and judges are strictly forbidden to meet in private, and they cannot go to hotels, entertainment places or even take the same elevator together. However, some of our lawyers, judges and prosecutors colluded with each other to act as "judicial brokers". The common people said that they were "blindfolded, cocked up, and ate the defendant and the plaintiff", which caused a very bad impact. In this regard, the existing systems should be strictly implemented, and the imperfect systems should be promptly improved to build the strictest fences. In all links of law enforcement and case handling, we should set up a separation wall and connect high voltage lines. Whoever violates the system will be given the most severe punishment. It is forbidden to engage in legal profession for life. If a crime is constituted, criminal responsibility will be investigated according to law.
——Strict Law Enforcement and Fair Justice (January 7, 2014) , Selected Documents Since the 18th National Congress of the Communist Party of China (I) Central Literature Press, 2014 edition, page 720
Sunshine is the best preservative. If there is no sunshine in the operation of power, or if there is a choice of sunshine, the credibility cannot be established. The more open the law enforcement and justice, the more authoritative and credible it will be. How many cases involving people's interests need to be kept confidential? In general, they should be made public, except in cases stipulated by law. We should persist in promoting fairness through openness and maintaining integrity through transparency. It is necessary to enhance the awareness of active openness and acceptance of supervision, improve the mechanism, innovate ways and unblock channels, and disclose the judicial basis, procedures, processes, results and judicial documents of law enforcement in a timely manner according to law. For cases of public concern, we should improve transparency, so that there is no room for covert operations and judicial corruption cannot hide.
——Strict Law Enforcement and Fair Justice (January 7, 2014) , Selected Documents Since the 18th National Congress of the Communist Party of China (I) Central Literature Press, 2014 edition, page 720
In order to strictly enforce the law and impartially administer justice, efforts should also be made to solve the problem of interference by leading organs and cadres in violation of laws and regulations. This is a chronic disease that leads to unfair law enforcement and judicial corruption. Some leading cadres of the party and government, out of their own interests, greet, approve notes, deliver materials, or intervene in cases in other explicit or implicit ways, or even let law enforcement and judicial organs do things that violate their statutory duties. In a socialist country led by the Communist Party of China, this is absolutely not allowed! Leading cadres at all levels should take the lead in acting in accordance with the law and abiding by the law. They should always be in awe of the Constitution and laws, firmly establish the concept that the legal red line cannot be touched and the legal bottom line cannot be crossed, and do not exercise the power that should not be exercised by themselves according to the law, let alone use words to represent the law, use power to suppress the law, and bend the law for personal gain.
If they do not understand this rule, they will not be qualified leading cadres. If leading cadres do not abide by the law, how can the masses abide by the law? For complaints from the masses about problems in the law enforcement and handling of cases by the political and legal organs, the leading cadres of the party and government can approve and transmit them according to the procedures, but they cannot put forward tendentious opinions, let alone make decisions for the political and legal organs. The ability to act in accordance with the law and to abide by the law should be taken as an important criterion for investigating and identifying cadres. We should establish and improve the registration, filing and notification system and accountability system for interfering in the administration of justice in violation of legal procedures. Those who interfere in the enforcement of the law by the political and legal organs in violation of legal procedures should be given party and government disciplinary sanctions; Those who have caused unjust, false or wrong cases or other serious consequences shall be investigated for criminal responsibility according to law.
——Strict Law Enforcement and Fair Justice (January 7, 2014) , Selected Documents Since the 18th National Congress of the Communist Party of China (I) , Central Literature Press, 2014 edition, page 720-721
Nowadays, everyone has cameras, microphones, and messages. Law enforcement and judicial activities are always in the public view and under the spotlight of the media. For a period of time, there have been many negative political and legal public opinions on the Internet, including the problem of law enforcement and judicial work itself, as well as the problem of media and parties hyping cases in order to influence case decisions. Political and legal organs should consciously accept the supervision of the media, timely inform the public of the judicial work of law enforcement in a correct way, and strengthen the guidance of public opinion. The news media should strengthen the supervision of law enforcement and judicial work, but should support the correct actions of the law enforcement and judicial departments, strengthen the interpretation of doubts, and carry out rational guidance. Do not follow the crowd, nor pick your nose and eyes when you are not sure where you are. We should properly handle the relationship between supervision and intervention, adhere to the principle of "social effect first", avoid hype and exaggeration, prevent panic in society, and especially prevent providing imitative samples for lawbreakers.
——Strict Law Enforcement and Fair Justice (January 7, 2014) , Selected Documents Since the 18th National Congress of the Communist Party of China (I) , Central Literature Press, 2014 edition, page 723
To promote fair justice, we should focus on optimizing the allocation of judicial functions and powers, and improve the institutional arrangements for the division of responsibilities, mutual cooperation and mutual restriction of judicial powers. Party organizations and leading cadres at all levels should take a clear-cut stand to support the judicial organs to exercise their functions and powers independently according to law, and never allow them to interfere in the administration of justice by taking advantage of their functions and powers. "If you make mistakes, people will accept it. If you make mistakes, people will not accept it." Judicial personnel should be upright, brave to take on responsibilities, dare to eliminate interference from the judicial organs according to law, and stick to the bottom line of fair justice. We should adhere to the principle of openness to promote justice and build public trust, build an open, dynamic, transparent and convenient judicial mechanism, put an end to covert operations, and resolutely curb judicial corruption.
——Accelerating the Construction of a Socialist Country under the Rule of Law (October 23, 2014) , Qiushi Magazine, 2015, Issue 1
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