How does the Chinese Communist Party govern the country?

Chapter 30

The practice of the rule of law in human society is complex and diverse, but no matter what form of rule of law it is in the past and present, the two interdependent requirements of having laws to abide by and doing things according to the law are the basic logic of its connotation.To govern the country by law, there must first be laws to abide by. Legislation is an important foundation and basis for implementing the strategy of ruling the country by law.Therefore, building a socialist legal system with Chinese characteristics and ensuring that there are laws to abide by in all aspects of national and social life are the premise and foundation for fully implementing the basic strategy of ruling the country by law.

At the beginning of the founding of New China, focusing on the urgent needs of the construction of the new regime, according to the reality of the country and society at that time, New China started the historical process of large-scale legislation.Under the guidance of the principles and spirit established by the Common Program, a series of laws and decrees such as the Organic Law of the Central People's Government, the Trade Union Law, the Marriage Law, the Land Reform Law, the Regulations on Punishment of Counter-Revolutionaries, and Labor Protection were enacted and promulgated.However, due to many reasons such as lack of experience, there is inevitably confusion and inconsistency in the legislative work, the law is revised extremely frequently, and the seriousness of the law is not enough. On May 1954, 5, Dong Biwu gave a speech at the Second National Propaganda Work Conference of the Communist Party of China: "The Central Ministry of Trade announced the "Rules for the Implementation of the Interim Measures for the Administration of Barter Trade" on March 18, [-], but Only six months later, it was revised once on September [-], [-]; only one day later, on the [-]th, two more circulars were issued and revised twice. Afterwards, on October [-]th One day, it was revised again. A law was revised four times in one month, and even twice a day. How can such a law be obeyed?" There are even cases where the government agencies amend the regulations promulgated by the government. For example, the General Office of the Northeast People's Government issued a letter to amend the "Interim Regulations on the Management of Fixed Assets of State-Owned Enterprises in the Northeast Region" announced by the Northeast People's Government.

In 1954, the first meeting of the first National People's Congress was held, which adopted the first constitution of New China (the "May 1956th Constitution"), established the principles of people's democracy and socialism, and established the fundamental political principles of the People's Congress. system.Under the guidance of the basic principles of national life established by the "May 1966th Constitution", the legislative work has achieved great results. From the Eighth National Congress of the Communist Party of China in 130 to the "Cultural Revolution" in 1975, the legislature enacted more than 1966 laws and decrees.However, during the "Cultural Revolution" period, the legislative work almost came to a standstill. There were only three laws and decisions on legal issues enacted in the ten years, of which there was only one law, the "1975 Constitution", and two amnesties in [-] and [-]. Decide.

After the Third Plenary Session of the Eleventh Central Committee of the Communist Party of China in 1978, in order to restore and rebuild national order, reform and opening up was implemented and promoted. The Second Session of the Fifth National People's Congress held in 1979 passed a resolution to amend several provisions of the Constitution, and at the same time formulated seven laws, including the election law for the National People's Congress and local people's congresses at various levels, ushering in a new era. Prelude to massive legislation.

In 1982, in order to adapt to the great changes in all aspects of the country, the Fifth Session of the Fifth National People's Congress adopted the current Constitution, which established the country's fundamental system, fundamental tasks and basic principles of national life, and laid the foundation for reform and opening up in the new era and socialist modernization drive provides a fundamental guarantee.During this period, the legislative work was in full swing. For example, laws and regulations such as the General Principles of the Civil Law and the Law on Foreign-funded Enterprises were formulated to meet the needs of economic construction and the promotion of reform and opening up. The Basic Law of the Hong Kong Special Administrative Region and the Basic Law of the Macao Special Administrative Region were formulated to implement "one country, two systems" "Guidelines; environmental protection laws and other laws and regulations have been formulated to protect and improve the living environment and ecological environment, etc.These outstanding legislative achievements have laid an important foundation for the formation of a socialist legal system with Chinese characteristics.

In 1992, the No.14 National Congress of the Communist Party of China made a decision to establish a socialist market economic system, clearly stating that the establishment and improvement of a socialist market economic system must be regulated and guaranteed by a complete legal system.The establishment of a socialist market economy must have the corresponding socialist democracy and legal guarantees. During this period, economic legislation was the focus, and the Commercial Bank Law, the Certified Public Accountant Law, the Arbitration Law, the Audit Law, the Budget Law, and the People's Bank of China Law were enacted. A large number of laws and regulations, such as the Foreign Trade Law, have played an important role in regulating market players, maintaining market order, strengthening macro-control, and promoting opening up.At the same time, legislation on criminal and civil matters was carried out simultaneously.

The 2010th National Congress of the Communist Party of China established the basic strategy of "ruling the country according to the law and building a socialist country ruled by law", and clearly proposed to form a socialist legal system with Chinese characteristics by [-].In accordance with the requirements of this goal, in order to ensure and promote the development of the socialist market economy and meet the needs of joining the World Trade Organization, China has continued to step up legislation in the economic field, formulated laws such as the Bidding Law, the Trust Law, and the Government Procurement Law, and revised the Foreign trade law, foreign-funded enterprise law, patent law, copyright law and other laws; in order to standardize national legislative activities and improve the legislative system, the legislative law was formulated, and the legislative principles, legislative system, legislative authority, and legislative Systematization and legalization of procedures, legal interpretation, legal application, and filing; in order to develop socialist democracy, flourish socialist culture, protect the ecological environment, and develop social undertakings, laws such as the Administrative Reconsideration Law and the Higher Education Law were formulated, and revised Trade Union Law, Cultural Relics Protection Law, Drug Administration Law and other laws; in order to ensure the effective implementation of laws, the Standing Committee of the National People's Congress also makes legal interpretations of relevant provisions of laws such as the Criminal Law and the Basic Law of the Hong Kong Special Administrative Region.Through efforts at this stage, a socialist legal system with Chinese characteristics has initially taken shape.

Entering the new century, the CCP has further strengthened its legislative work and continuously improved the quality of legislation.

In order to safeguard national sovereignty and territorial integrity and promote the peaceful reunification of the country, the Anti-Secession Law was formulated; to develop socialist democracy, laws such as the Supervision Law of the Standing Committees of People's Congresses at all levels were formulated; to protect citizens, legal persons and other organizations To protect and promote the healthy development of the socialist market economy, laws such as the Enterprise Bankruptcy Law, the Anti-Monopoly Law, the Anti-Money Laundering Law, and the Vehicle and Vessel Tax Law have been enacted; in order to improve the social security system and ensure and improve people's livelihood, the People's Mediation Law, Food Safety Law and other laws; In order to save resources, protect the environment, and build a resource-saving and environment-friendly society, laws such as the Renewable Energy Law, the Circular Economy Promotion Law, and the Environmental Impact Assessment Law have been formulated.In addition, a number of laws on strengthening social management and maintaining social order were formulated and revised.

Compatible with the formulation of various laws by the National People's Congress and its Standing Committee, and according to the legislative authority stipulated in the Constitution and laws, the State Council, local people's congresses and their standing committees have also formulated a large number of administrative regulations and local regulations to promote socialism with Chinese characteristics. The formation of the legal system has played an important role.

In order to maintain the unity of the national legal system and promote the scientific harmony and unity of the legal system, legislatures at all levels have successively carried out the cleaning up of laws and regulations for many times. Since 2009, the Standing Committee of the National People's Congress has abolished 8 laws and decisions on related legal issues, and amended 59 laws; the State Council has abolished 7 administrative regulations and revised 107 administrative regulations; 455 local laws and regulations were abolished and 1417 local laws and regulations were amended, which basically solved the obvious incompatibility, inconsistency, and incoordination problems in laws and regulations.

Since the founding of New China, especially since the reform and opening up, legislation has gone through a process from scratch, from small to large, from filling gaps and focusing on the quantity of legislation to becoming increasingly mature and focusing on the quality of legislation.Through the unremitting joint efforts of all parties, by the end of 2010, a socialist legal system with Chinese characteristics based on China's national conditions and reality, meeting the needs of reform, opening up and socialist modernization, and embodying the will of the Communist Party of China and the Chinese people has been formed.The socialist legal system with Chinese characteristics is deeply rooted in China's national conditions, just as Peng Zhen said at the Civil Law Symposium on May 1981, 5: "If you say what is the mother of civil law, it is the legal system itself. It is called the constitution, but in the final analysis, China is actually the mother, and the one billion people in 27 million square kilometers are the mother.”

The socialist legal system with Chinese characteristics is an important part of the socialist system with Chinese characteristics. It is the basis for comprehensively implementing the basic strategy of ruling the country by law and building a socialist country ruled by law. It is a concentrated expression of the institutionalization and legalization of the practical experience of economic and social development in New China , is the institutional guarantee for the development, prosperity and progress of contemporary China.

(End of this chapter)