Perfecting the socialist legal system with Chinese characteristics | Reform and opening up in progress ⑪, Luo Peixin: Start from five aspects
[Editor's Note] In order to thoroughly study and implement the spirit of the Third Plenary Session of the 20th CPC Central Committee, Shanghai Federation of Social Sciences and Jiefang Daily and Shangguan News jointly launched a series of short videos on August 21, "Reform and Opening-up in Progress - Social Science Experts Help You Understand the Spirit of the Third Plenary Session of the 20th CPC Central Committee", inviting authoritative experts to interpret the spirit of the plenary session. Among them, the focus is on explaining the new, changed and repeatedly emphasized contents in the "Decision" of the plenary session, and systematically interpreting them in combination with Shanghai's institutional experience, exemplary cases and iconic scenes. The eleventh episode is launched today.
Episode 11: Improving the socialist legal system with Chinese characteristics from five aspects
[“The rule of law plays a role in consolidating the foundation, stabilizing expectations, and benefiting the long-term. The rule of law has paved the way for further deepening reform in an all-round way, and the rule of law has provided an important guarantee for China’s modernization.”]
Host: President Luo, which aspects of the "Decision" of the Third Plenary Session of the 20th CPC Central Committee regarding the rule of law impressed you the most?
Luo Peixin: The "Decision" of the Third Plenary Session of the 20th CPC Central Committee has goals, principles, systems and specific task deployments in its statement on the rule of law, thus raising the importance of the rule of law to a whole new level.
The rule of law has paved the way for further comprehensive deepening of reform and provided an important guarantee for China's modernization.
The "Decision" systematically expounds on improving the socialist legal system with Chinese characteristics in the form of a special chapter from five aspects: legislation, administration according to law, law enforcement and justice, rule of law in society, and foreign-related rule of law.
Strengthen legislation in key areas, emerging areas, and foreign-related areas
In terms of legislation, it is worth noting that the Decision once again emphasizes the need to strengthen legislation in key areas, emerging areas, and foreign-related areas. Undoubtedly, legislation to safeguard national security, promote economic development, promote social progress, protect people's livelihood, and enhance my country's international voice and influence will become a top priority, which is especially important for Shanghai.
The Decision also proposes to build a unified national information platform for laws, regulations and normative documents. This platform will provide the society with unified, convenient and efficient query services, which will help improve the transparency and accessibility of laws, regulations and normative documents. In the World Bank's business environment assessment, the completeness of the regulatory framework is one of the three pillars. This measure is obviously conducive to optimizing my country's business environment.
In terms of administration according to law, the content is also very rich. For example, the Decision requires the promotion of cross-regional coordination of administrative law enforcement standards. For example, Shanghai Metro Line 11 extends to Huaqiao in Jiangsu. If the same subway train reaches Jiangsu, the law enforcement standards will change, which will undoubtedly undermine the integrity of administrative management.
In addition, the "Decision" requires the improvement of the two-way connection system between administrative penalties and criminal penalties. That is to say, illegal acts that are not harmful enough to be criminalized should be replaced by administrative penalties. This will not only complete the accountability loop, but also comply with the principle of proportionality between punishment and crime.
There are also many points worth paying attention to in law enforcement and justice. For example, the Decision requires the improvement of compulsory measures involving citizens' personal rights, as well as the system of compulsory measures such as sealing, seizure, and freezing. This requirement is very timely and conducive to maintaining economic vitality. In addition, the Decision also proposes the establishment of a system for sealing minor criminal records, which is applicable to minor crimes. The purpose is to avoid negative impacts on individuals' future employment, education, etc. by sealing these records, so as to help criminals return to society smoothly. This is a very humane system.
In terms of a society ruled by law, the Decision proposes to improve legal publicity and education, and to perfect the practice-oriented education and training mechanism of law schools. Shanghai has held the Rule of Law Culture Festival for two consecutive years, and has used pragmatic measures to improve the accuracy and effectiveness of legal publicity. For example, in response to the problem of people not daring to help an old man who has fallen to the ground, Shanghai has put forward the propaganda message of "helping an old man who has fallen to the ground, and there is no need to worry about being brave enough to do something righteous." In addition, law schools in Shanghai, such as East China University of Political Science and Law, are strengthening cooperation with judicial organs to implement a practice-oriented legal talent training mechanism.
Foreign-related rule of law is the top priority of rule of law construction. The Decision requires the establishment of a working mechanism to promote foreign-related legislation, law enforcement, judicial, law-abiding and legal services, cultivate foreign-related legal talents, improve the international commercial arbitration and mediation system, and cultivate world-class arbitration institutions and law firms. This is especially important for Shanghai. Shanghai is the only expert survey indicator city in the World Bank assessment. We must strengthen foreign-related rule of law construction in accordance with the highest standards, and contribute to optimizing my country's business environment and enhancing my country's international voice.
In addition, the "Decision" mentioned strengthening the rule of law in related fields in nearly twenty places, such as improving the basic system of the market economy.
The rule of law plays a role in consolidating the foundation, stabilizing expectations, and benefiting the long-term. Only by adhering to the unity of reform and the rule of law and further deepening reform in an all-round way on the track of the rule of law can we ensure that China's modernization will proceed steadily and for a long time.
