How does the Chinese Communist Party govern the country?

Chapter 31

From the perspective of the composition of the socialist legal system with Chinese characteristics, the Constitution is the fundamental law of the country, and it occupies a commanding position in the socialist legal system with Chinese characteristics. It is the fundamental guarantee for the long-term stability of the country, national unity, economic development, and social progress.The law is the foundation of the country's legal system and the backbone of the socialist legal system with Chinese characteristics. The laws enacted by the National People's Congress and its Standing Committee have established important aspects of national economic construction, political construction, cultural construction, social construction, and ecological civilization construction. The basic legal system solves the fundamental, overall, stable and long-term problems in the development of the country and society.

The administrative regulations enacted by the State Council in accordance with the Constitution and laws are to specify the relevant systems stipulated by the laws, to refine and supplement the laws, and to be an important part of the socialist legal system with Chinese characteristics.According to the Constitution and laws, the local regulations formulated by the people's congresses and their standing committees of provinces, autonomous regions, municipalities directly under the central government and larger cities are the refinement and supplement of laws and administrative regulations, and the extension and improvement of national legislation. It also plays an important role in the socialist legal system.

China's current constitution was adopted by the National People's Congress in 1982. It is a constitution with Chinese characteristics and in line with the needs of socialist modernization.In order to adapt to the development of the country's economy and society, the National People's Congress has successively passed four constitutional amendments, amending parts of the constitution.The Chinese Constitution establishes the fundamental system and fundamental tasks of the country; establishes the leadership of the Communist Party of China; The state system of the people's democratic dictatorship based on the alliance of workers and peasants; the establishment of the system of the people's congress system, which stipulates that all power in the country belongs to the people and citizens enjoy extensive rights and freedoms in accordance with the law; the establishment of multi-party cooperation and political consultation under the leadership of the Communist Party of China system, the system of ethnic regional autonomy, and the system of grassroots self-government; the basic economic system with public ownership as the main body and the common development of multiple ownership economies, and the distribution system with distribution according to work as the main body and multiple distribution methods coexist.In order to guarantee the implementation of the Constitution and the operation of state power, as of the end of August 2011, 8 laws related to the Constitution and a large number of administrative regulations and local regulations have also been formulated.The formulation and implementation of the Constitution and its related laws provide the most fundamental institutional guarantee for adhering to the road of socialism with Chinese characteristics.

Civil law is a legal norm that regulates the property relationship and personal relationship between citizens of equal subjects, between legal persons, and between citizens and legal persons.Commercial law is a legal norm that regulates commercial relations between commercial subjects.Establishing and improving civil and commercial laws is an urgent requirement for advancing reform and opening up, expanding international economic cooperation and technical exchanges.

At the beginning of the reform and opening up, foreign businessmen did not understand China's investment environment and had doubts. For example, in 1980, the general manager of a large European automobile company told the famous economist Ji Chongwei: "We came to China to set up a joint venture, and we are implementing the plan. In the socialist system of economy, it seems to be an isolated island trapped in the vast ocean. I can't imagine how it can survive and develop. China has gradually relieved the doubts of foreign businessmen by strengthening legislation and providing institutional guarantees. Sino-foreign joint venture law, foreign-funded enterprises The enactment and continuous improvement of laws such as the Chinese-Foreign Cooperative Enterprise Law and the Chinese-Foreign Cooperative Enterprise Law have given foreign investors a "reassurance". The good investment environment fully protects their legitimate rights and interests in investing in China and conducting economic and trade activities. The number of foreign capital coming to China and Simultaneous improvement in quality. By the end of 2010, China had approved the establishment of 710747 foreign-invested enterprises, and the actual use of foreign capital was 11078.58 billion US dollars, which fully demonstrated that China's legal system for protecting foreign investors is becoming more and more perfect.

In addition, in terms of civil and commercial law, laws such as contract law and property law have also been formulated, and the system of creditor's rights and property rights has been established and improved; the law on tort liability has been formulated to improve the system of tort liability; laws such as marriage law, adoption law and inheritance law , established and improved the marriage and family system; formulated the law applicable to foreign-related civil relations, and improved the system of laws applicable to foreign-related civil relations; formulated the company law, partnership enterprise law, sole proprietorship enterprise law, commercial bank law, securities investment fund law, Laws such as the Farmers’ Professional Cooperative Law have established and improved the commercial subject system; laws such as the Securities Law, the Maritime Law, and the Negotiable Instrument Law have been formulated to establish and improve the commercial behavior system, and so on.As of the end of August 2011, 8 laws on civil law and commercial law and a large number of administrative regulations and local regulations regulating commercial activities have been formulated, and civil and commercial activities have basic rules to follow.

Administrative law is the legal norms about the granting of administrative power, the exercise of administrative power and the supervision of administrative power, and it adjusts the relationship between administrative organs and administrative management counterparts due to administrative management activities.Administrative law enforcement is the guarantee for the correct implementation of laws, regulations and rules, and is an indispensable link in the process of administrative management.Aiming at the problems of poor awareness of public rights in administrative law enforcement and other issues that the people have strongly reflected on, regulating the exercise of power by administrative organs has always been regarded as an important aspect of legislative work, and remarkable results have been achieved.For example, the Administrative Punishment Law has been enacted. At present, more than 11 administrative disputes are handled through administrative reconsideration each year on average; the Administrative Licensing Law has been enacted. The amendment to the law cancels 9 administrative licenses. The State Council has successively canceled 11 licensed items at the central level, changed 1749 items of management methods, and delegated 121 items to the management level. The principle regulates the types of administrative coercion, setting authority, implementing subjects and implementing procedures.In addition, laws and regulations such as the Education Law and Kindergarten Management Regulations have been formulated, and the national education system has been established and improved; laws and regulations such as the Drug Administration Law and the Regulations on the Supervision and Management of Medical Devices have been formulated, and a medical and health system that guarantees the health and safety of citizens has been established and improved. system; formulate laws and regulations such as the Resident Identity Card Law and the Detention House Regulations, establish and improve the system for maintaining social order and stability, promoting social harmony, and ensuring public safety; The national civil servant system was established; laws and regulations such as the National Defense Mobilization Law and the Conscription Work Regulations were formulated, and the national defense and army building systems were established and improved; laws and regulations such as the Science and Technology Progress Law and the Film Management Regulations were formulated, and laws and regulations were established and improved to promote scientific and technological progress, protect and A system of thriving culture.As of the end of August 46, 2011 laws on administrative law and a large number of administrative regulations and local regulations regulating administrative power have been formulated. There are laws to follow.

Economic law is a legal norm that adjusts the social and economic relations arising from the intervention, management or regulation of economic activities by the state based on the overall interests of society.Economic law provides legal means and institutional framework for the state to moderately intervene in the market economy and macro-control, and prevent the disadvantages caused by the spontaneity and blindness of the market economy. Therefore, economic law plays an important role in the construction of the legal system.For example, Qiao Shi, former chairman of the Standing Committee of the National People's Congress, said: "Comrade Peng Zhen once said that the fundamental law of the country is the constitution, and there are specific laws. The economic law is the most important law and the foundation." Economic legislation has always been a central link in the construction of the legal system.

In the context of the increasingly in-depth development of economic globalization, the competition among market players is becoming increasingly fierce, and there are more and more monopolistic behaviors such as monopoly agreements, abuse of market dominance, exclusion, and concentration of operators that restrict competition. January-December 2011 In the middle of the month, the Ministry of Commerce received 1 anti-monopoly declarations on concentration of operators, a year-on-year increase of 12%.Among them, 194 cases were filed, a year-on-year increase of 43%; 179 cases were concluded, a year-on-year increase of 52%.To this end, laws such as the Anti-Unfair Competition Law and the Anti-Monopoly Law have been enacted to ensure fair and orderly competition among market players.In addition, laws such as the Budget Law have been formulated to implement macro-control and management of economic activities; laws such as the Enterprise Income Tax Law and administrative regulations such as the Interim Regulations on Value-Added Tax have been formulated to continuously improve the tax system; laws such as the Banking Supervision and Management Law have been formulated to supervise Manage the safe operation of the financial industry; formulate laws such as the Agricultural Law to ensure agricultural development and national food security; formulate laws such as the Railway Law to implement supervision and management and industrial promotion for important industries; formulate laws such as the Land Management Law to regulate Rational development and utilization of natural resources; Laws such as the Energy Conservation Law have been enacted to promote the effective use of energy and the development of renewable energy, etc.

As of the end of August 2011, China has enacted 8 laws on economic law and a large number of related administrative regulations and local regulations. It has ensured better scientific intervention and management, guaranteed the healthy development of the socialist market economy, and promoted the marketization process of China's economy.

Social law is a legal norm that regulates labor relations, social security, social welfare, and protection of the rights and interests of special groups.As of the end of August 2011, following the principles of fairness and harmony and moderate state intervention, 8 laws on social law and a large number of administrative regulations and local regulations regulating labor relations and social security have been formulated, which have played an important role in maintaining social fairness and justice. effect.

Providing necessary guarantees for the rights and interests of laborers, the unemployed, those who have lost the ability to work, and other special groups in need of assistance has been the consistent ideal pursuit of Chinese society for thousands of years. , the world is the public. Choose the virtuous and capable, trustworthy and harmonious. Therefore, people should not only kiss their relatives, not only their sons, so that the old will die, the strong will be useful, the young will be strong, reserved, widowed, lonely, lonely, and abandoned All the sick are provided for.” In order to allow the majority of the people to share the fruits of reform and development, China has continuously improved its social security system and formulated the Social Insurance Law, Labor Contract Law, Employment Promotion Law, Labor Dispute Mediation and Arbitration Law, and Regulations on Unemployment Insurance, Work-related Injury Laws and regulations such as insurance regulations and rural five-guarantee work regulations have played an important role in accelerating the construction of the social security system for the government in accordance with the law.At present, the coverage of social security is getting bigger and bigger, gradually expanding from state-owned enterprises to various social and economic organizations, from unit employees to flexible employees and residents, and from urban areas to rural areas.By the end of 2010, the urban employee pension insurance system covered 2.57 million people, an increase of about 2002 times compared with 1.7; the new rural pension insurance system covered 1.03 million people; the urban and rural basic medical insurance covered 12.6 billion people, 2002 times that of 13 ; 1.61 million people participated in work-related injury insurance; 7700 million poor people enjoyed the minimum living security treatment, and the scope and level of China's social security continued to expand and improve.In addition, the legal system for production safety and occupational disease prevention, the development and management of social welfare undertakings, and the protection of the rights and interests of special groups have gradually been completed.The soundness of social law has maintained social fairness and promoted social harmony. The social harmony that China traditionally pursues has been preliminarily realized in contemporary China.

Criminal law is a legal norm that prescribes crimes and penalties.As of the end of August 2011, a unified criminal law, 8 amendments to the criminal law, and decisions on punishing fraudulent purchases of foreign exchange, evasion of foreign exchange, and illegal foreign exchange transactions have been formulated, and 8 legal interpretations related to criminal law provisions have been passed.The Criminal Law establishes the basic principles of legally prescribed crimes and punishments, equality before the law, and appropriate punishments for crimes, and serves the purposes of punishing crimes, protecting the people, maintaining social order and public safety, and safeguarding national security.For example, in order to fully embody the principles and policies of the Party and the state, which have consistently adhered to the application of the death penalty, such as seriousness and prudence, cautious killing and fewer killings, and to effectively protect citizens' personal rights, property rights, and other legitimate rights and interests, the practice of decentralizing the power to approve the death penalty over the past 9 years The problems that were exposed, the No. 20 Fourth Session of the Standing Committee of the Tenth National People's Congress, which closed on October 2006, 10, voted to pass the "Decision on Amending the Organic Law of the People's Court", amending Article No. 31 of the Organic Law of the People's Court to : "Death penalty shall be reported to the Supreme People's Court for approval, except for those sentenced by the Supreme People's Court in accordance with the law." This means that all death penalty cases must be reviewed by the Supreme People's Court. Since it came into effect on the 20st, it has further guaranteed the fairness of the death penalty procedure.The further improvement of the criminal legal system reflects the development of social civilization and the progress of national democracy and the rule of law.

The legal system of litigation is a legal norm that regulates national judicial activities to resolve social disputes, and the legal system of non-litigation procedures is a legal norm that regulates arbitration institutions or people's mediation organizations to resolve social disputes. As of the end of August 2011, the litigation and non-litigation procedure laws There are 8 laws in this area, forming a good social dispute resolution mechanism and playing an important role in national governance.For example, the Administrative Litigation Law has been enacted, and the legal remedy system of "people suing officials" has been established.In the history of China, there is no truly effective tradition of "people suing officials".However, the Administrative Litigation Law, which came into effect on October 10, 1990, made all this possible.The Administrative Litigation Law clearly stipulates that citizens, legal persons and other organizations have the right to bring administrative lawsuits to the people's courts in accordance with the law if they believe that their legal rights and interests have been violated by administrative organs and their staff. legal interest.The promulgation and implementation of the Administrative Procedure Law has formally established a brand-new judicial system, providing a brand-new mechanism for supervising the administrative organs to exercise their powers according to the law and safeguarding the legitimate rights and interests of citizens, and has received very good results. Since the promulgation and implementation of the Administrative Procedure Law, On average, more than 10 administrative cases are accepted each year, and the plaintiff's winning rate accounts for about 1%.In addition, laws and regulations on criminal procedure, civil procedure, and people's mediation, a non-litigation dispute resolution method with Chinese characteristics to resolve conflicts and eliminate disputes, have gradually been improved, and the social dispute resolution mechanism has become increasingly scientific and perfect.

In short, with the Constitution as the commander, the law as the backbone, and administrative regulations and local regulations as important components, it is composed of laws related to the Constitution, civil law, commercial law, administrative law, economic law, social law, criminal law, litigation and non-litigation procedural law, etc. The socialist legal system with Chinese characteristics composed of multiple legal departments is an organic and unified whole. It covers all aspects of social relations, thus bringing all national work and all aspects of society into the track of rule of law.

(End of this chapter)