context: In the Third Plenum, the CPC stressed structural reforms, aiming to enhance top-level design to promote cross-departmental and trans-regional collaboration. An emphasis, therefore, is placed on upholding the spirit of rules-based governance, retaining a dialectic harmony between reform and the PRC legal system. To ensure these reforms align with state law, the Party intends to continually update legislation, standardising practices and approaches to maintain consistency in the reform process.
There is a need to further accelerate socialist rule of law systems build-up, asserts Chen Wenqing 陈文清 Central Political and Legal Affairs Commission secretary, shoring up security and sustainability for national rejuvenation.
Chen explains the inherent importance of advancing rule by law amidst reform
- demonstrate the perks of the PRC’s socialist system
- help modernise state governance
- standardise all aspects of administration
- uphold rule by law awareness when carrying out policies
- form a paradigm for ruling the country according to law
- a rule by law system implies organic harmony in law design, implementation, supervision and legal guarantee
- cadres must
- exercising regime authority according to the law
- administrating according to the law
To retain a correct developmental direction, there is a need to
- uphold absolute Party leadership
- reject inaccurate Western ideas
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- constitutionalism
- separation of power
- judiciary independence
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- remain people-centric
Major policy tasks include
- upgrading legal sector
- devise constitution implementation situation report system
- refine constitutional review and recordation review systems
- refine the legislative work paradigm for coordination
- Party Committee lead
- NPC guided
- government support
- all parties participate
- upgrade legislation on key sectors, emerging sectors and foreign-related affairs
- refine the bridging mechanism between intra-party regulations and state laws
- build a united platform containing information on laws, regulations and normative documents
- devise constitution implementation situation report system
- deepen administration according to the law
- standardise government institutions, functions, level of access, procedures and responsibilities
- refine review mechanism for major decisions and normative documents
- deepen administrative law enforcement reform
- refine horizontal and hierarchical management systems of state apparatus
- build vertical and horizontal collaboration systems
- strengthen oversight
- supervisory, public security, procuratorate, judicial and judicial administrative institutions
- each plays their part
- check each other’s power
- separate adjudication and execution powers
- refine legal remedy systems and state compensation systems
- deepen judiciary transparency and accountability
- supervisory, public security, procuratorate, judicial and judicial administrative institutions
- advance relevant support systems (arbitration, mediation, lawyer management, education)
- require leading cadres to serve as role models
- abide by legal restrictions
- exercise power according to the law