The constitution is the embodiment of the party and the will of the people, is the general rules for a country that has the highest legal effect. By 2014 October the party's eighth session of the Fourth Plenary Session of the Central Committee of Communist Party of China on comprehensively promote the rule of law certain major issue decision "pointed out that" adhere to the rule of law must first adhere to administer the country according to the constitution, adhere to ruling by law first of all should adhere to in accordance with the Constitution and the ruling "[1], to further strengthen the work as the fundamental law of the state constitution in our party is in power legally in an important role. Under the new situation, our party should fulfill the important duty of the party in power and the country, we must base on the constitution of the constitution, adhere to the constitution, is the fundamental reason for our party to fully implement the strategy of governing the country according to law.
One, according to the important significance of the Constitution
According to the constitution, the Communist Party of China is based on the constitution, the principle of constitution and the spirit of the constitution. Its essence is to focus on the relationship between the party and the state power, the ruling party must be in the scope of the Constitution and the law and the use of state power. [2] ruling according to the constitution is the Communist Party of China facing the complex situation and new challenge in domestic and foreign active choice, but also to achieve "the inevitable requirement of the four overall strategic layout, reflected the Communist Party of China to content of ruling, ruling experience and cognition of the ruling law of deepening, its significance is mainly manifested in the following aspects.
First, according to the constitution will help to fully implement the basic strategy of governing the country according to law. According to the constitution of the ruling is the core problem of governing the country according to law, due to the constitution of the people's Republic of China in the form of law confirmed the achievements of the struggles of the people of all ethnic groups in China, the provisions of the basic system and basic tasks of the state, all other laws must take the constitution norms and value basis, any legal and constitutional law conflict is invalid. Only according to the political system established by the constitution to govern the country, to ensure that the socialist legal system can be bound state organs, social organizations and individual powers. Party leading the people to formulate the Constitution and laws, and led the people to obey and implement the Constitution and laws, is the proper meaning of the title of the construction of socialist democracy and the rule of law, without the Chinese Communist Party of ruling according to the constitution, any rule of law may no longer exist.
Second, according to the constitution, it is helpful to improve the party's ruling ability and the ruling level. Scientific or not directly related to the party's ruling ability and the level of governance. Dozens of years since the founding of new China, our party in the socialist revolution and construction rely on long-term policy and administrative measures governing the country, which in a specific historical period has certain rationality, but also bring many disadvantages. Plenary session of the Sixteenth Central Committee passed "the Central Committee of the Communist Party of China on strengthening the party's ruling ability construction decision" stressed that "ruling by law is a basic form of the power of the party under the new historical conditions". In 2004 September in all walks of life in the capital memorial of the National People's Congress the 50th anniversary of the establishment of the general assembly, when he was Secretary of the CPC Central Committee General Secretary Hu Jintao further made it clear that "the rule of law must first running the country according to the constitution, ruling by law must first ruling according to the constitution". From clearly put forward in accordance with the law to clearly put forward according to the constitution, the party's understanding of the ruling means to further deepen, marking the rule of law and the construction of political civilization in depth.
Third, according to the constitution, it is helpful to realize the rule of law of the basic rights of citizens. The constitution is to people's value and dignity based, the Constitution and laws of our country stipulates the citizens enjoy extensive rights, constitution "citizen's basic rights and obligations" chapter, on the provisions of the voting rights and is the right to vote, freedom of religion, freedom of the person such as the right to in a series of fundamental rights including. The basic value of the Communist Party of China "wholeheartedly serve the people in the pursuit of value and constitutional pursuit of human rights protection is consistent, ruling according to the constitution is to better respect and safeguard the rights of citizens and the fundamental interests of the maintenance and the realization of the broad masses of the people.
The history and practice of ancient and modern, Chinese and foreign have proved that only depends on constitutional law governing the country, civil rights to get the most effective protection; only to ensure that the authority of the Constitution and laws is sacred and inviolable, in order to ensure the civil rights are sacred and inviolable.
Two, the Communist Party of China in accordance with the basic requirements of the Constitution
According to the constitution, it is the important development of the theory of governing the country and the party's efforts to build a socialist country under the rule of law. In accordance with the constitution, the ruling status of the party should be determined by the constitution, the party's ruling concept should highlight the supremacy of the constitution, the party's ruling behavior can not exceed the constitutional law, the party should promote the Constitution with the times.
(a) the ruling status of the party is determined by the Constitution
From the perspective of law, the legitimacy of the party's ruling status is that it has a constitutional or legal basis, as long as the status of a political party is established by the constitution, and its ruling is legal. [3]
First of all, the constitution is the highest basis for the party to wield power. China is a socialist state of the people's democratic dictatorship to confirm the current constitution of our country, the people are the masters of the country, all state power belongs to the people. Therefore, the regime of the Communist Party of China must come from the people, and the ruling of the Communist Party of China must be based on the fundamental interests of the broad masses of the people. Secondly, the Constitution clearly stipulates the ruling status of the party. The preamble of the Constitution provides for the leadership of the Communist Party of China: "the Chinese people of all nationalities will continue to be under the leadership of the Communist Party of China...... To build China into a prosperous, democratic and civilized socialist country "; of China's political party system to make specific provision, emphasizing" multi-party cooperation and political consultation system under the leadership of the Communist Party of China will exist and develop for a long time. " Third, the Constitution also explicitly refers to the party's responsibility to ensure the implementation of the constitution. The preamble of the Constitution stipulates that "all political parties and social organizations, enterprises and institutions must take the constitution as the fundamental principle of activity and have the responsibility to safeguard the dignity of the Constitution and ensure the implementation of the constitution." [4]
It can be seen that our Constitution establishes the leadership position of the Communist Party of China, and stipulates that the Communist Party of China must wield the power of state within the scope of the Constitution and the law.
(two) the ruling idea of the party should highlight the supremacy of the Constitution
The supremacy of the constitution is the core of the supremacy of law. One of the important meanings of the rule of law is the supremacy of the law, and the core of the supremacy of law lies in the supremacy of the constitution, which is determined by the content, nature, position, function and characteristics of the constitution. The ruling idea is the basic principle and the code of conduct established by the ruling party around the target. [3]
The ruling idea of the party should highlight the supremacy of the constitution. First, to reflect the respect and maintenance of the authority of the constitution. Constitution is the party's ruling status and the most authoritative basis for the ruling activities, the party's governing behavior must be expressed in accordance with the constitution. The Constitution requires party members and cadres to establish a constitutional belief, to abide by the Constitution and the law, and to establish a glorious example of the Constitution for the whole society. Second, to make the power of the constitutional constraints. Party's eighteen years, in parts of the country, and dealt with systematic, collapse mode corruption cases tells us, only from the institutional design to strengthen the restriction and supervision of power to fundamentally punishing and preventing corruption. General secretary Xi Jinping stressed the need to strengthen the control and supervision of the operation of power, the power of the cage into the system". The essence of constitution is to make the power in the constitution, subject to the restriction of the constitution, so that the constitution has the supreme legal status.
(three) the party's governing behavior can not exceed the constitutional law
The party leader is the rule of law, but also the rule of law practice, demonstration. The constitution of the party in accordance with the Constitution means not only a high degree of respect for the constitution, but also means to follow the law, according to the law to pursue the responsibility. After the anti rightist campaign, especially due to the "Cultural Revolution" ten years of catastrophe, make our socialist legal system was severely damaged. Since the Third Plenary Session of the Eleventh Central Committee of the party, the party's second generation of collective leadership profoundly summed up the lessons and experience of the party ruling since the founding of new China, and "the CPC must be within the scope of the Constitution and the law activities, the profound understanding, written into the party in the party constitution of 12 major modifications. Then in the eight two constitution formulated by the Party leadership, the party must take the constitution as the fundamental principle of activities, this profound understanding to rise to the height of the principles of the constitution of the state. [4]
The ruling party cannot emphasize behavior beyond the constitutional law, its core is the essence of the opposition in the field of law privileges. The party's fourth plenary session "decision" clearly stipulates, "any organizations and individuals must abide by the constitution, the law authority must activities in the context of constitutional law, must be in accordance with the Constitution and laws exercise powers or rights, duties or obligations shall privilege to overstep the Constitution and laws." [1]
(four) the party should push the constitution to keep pace with the times
The constitution is not always there, it is only a product of a certain historical stage, with a historical. Because the social practice is always in the constant development and change, this determines the contradiction and conflict between the Constitution and social practice is eternal. [2]
Practice endless, endless innovation, only with the times of the constitution is more authoritative. After the promulgation and implementation of "the 1982 constitution", along with the continuous development of China's reform, opening up and socialist modernization construction, party identified many of the policies through modify the constitution way, in accordance with the procedure prescribed by the law into the will of the state, the constitution of 31 amendment are party to emancipate the mind, pioneering and innovative products, is the party leads the people in building socialism with Chinese characteristics great practice scientific summary and empirical generalizations. Eight two constitution"
Respectively in 1988, 1993, 1999, 2004 through the fourth amendment, which makes our constitution more in line with the deepening of reform and opening to the outside world, the implementation of the characteristics of the era of the socialist market economy, the construction of socialist democratic politics, to ensure that the Constitution can always be full of vigor and vitality, adapt to the needs of social development. It can be seen that the party constitution is in power, not only requires the party to be in the range of the Constitution and the law, but also requires the party to promote the Constitution with the times, so that the constitution meets the needs of the times of great responsibility.
Three, the Communist Party of China in accordance with the main focus of the Constitution
At this stage, to advance according to the constitution, we must grasp the four focal points, that is, adhere to the leadership of the Communist Party of China, ensure the effective implementation of the constitutional law, protect the legitimate rights of citizens, improve the constitutional consciousness of leading cadres.
(a) core: adhere to the leadership of the Communist Party of China
The basic feature of socialist rule of law with Chinese characteristics is unequivocally adhere to the leadership of the Communist Party of China, whether to adhere to the leadership of the Communist Party of China is Division I in accordance with the essential difference between constitutional ruling and western constitutionalism. According to the constitution, we are in the premise of adhering to the basic principles of the party's leadership, through respect for the authority of the constitution, promoting the implementation of the constitution, and strengthening the supervision of the constitution to achieve the goal of governing the country. Only under the strong leadership of the party, people being the masters of the country can be fully realized, national and social life of the rule of law can be orderly. Left the leadership of the party and the socialist construction of the rule of law will deviate from the normal, countries would be into a mess, the Soviet Union and Eastern European socialist countries to cancel the provisions about the Communist leadership in the constitution, which eventually led to the wangdangwangguo painful lesson is a lesson. To promote according to the constitution, we must further reform and improve the party's working mechanism and working mechanism, and regulate the relationship between the Party committee and the National People's Congress, the government, the CPPCC, and the people's organizations.
To strengthen and improve the party's leadership in the legislative work, from the legal system and guarantee the party's line, principles and policies have been implemented, supports the National People's Congress shall perform the functions of state power organs, at the party's views into the will of the state through legal procedures. [5]
To support and ensure the government to perform its legal duties, according to the law. To support the Chinese people's Political Consultative Conference (CPPCC) on the two major themes of unity and democracy, carry out political consultation, democratic supervision, participation in the deliberation and administration of state affairs, better development of deliberative democracy. To ensure that the state judicial organs and procuratorial organs independently and just exercise the right to trial and procuratorial power, and promote the reform of the judicial system to ensure the judicial justice as the goal. To further strengthen and improve mass work.
(two) key points: to ensure the effective implementation of the Constitution Law
The vitality of the constitution lies in its implementation, and the authority of the constitution lies in the implementation of the constitution. A good constitution, if can't really get effective implementation, then which is confirmed in the constitution of the system, can only be illusory castles in the air. [6]
To ensure the effective implementation of the constitution law, we must do the following: first, we must vigorously carry out regular, institutionalized education activities of the whole people's constitution. The Fourth Plenary Session of the eighth "decision" the December 4, as the country's constitution, which is promoting constitution publicity and education, carry forward the spirit of the constitution is an important measure. General secretary Xi Jinping clearly pointed out, to the establishment of a national constitutional day as an opportunity to further carry out constitutional publicity and education, vigorously promote the spirit of the constitution, and effectively enhance the sense of the constitution." From the perspective of the promotion of measures to make full use of various media to spread knowledge of the constitution, interpretation of the spirit of the constitution, to spread the concept of the constitution to the constitution education into the whole process of national education, grabbed from teenagers, from a young age to develop awareness of the constitution. Two is to improve the system of constitutional supervision. The National People's Congress and its Standing Committee and the relevant supervisory organs of the State shall take up the responsibilities of the Constitution and the legal supervision, and resolutely correct the illegal acts of violation of the laws of the people's Congress. Local people's congresses at various levels and their standing committees shall ensure that the Constitution and laws are complied and implemented in this administrative region. Three is to improve the constitutional interpretation process mechanism. Strengthen the National People's Congress and its Standing Committee's constitutional interpretation function, in order to enhance the operability and adaptability of the constitution. Four is to establish a normative document filing review mechanism. Strengthen the filing system and capacity building, to put all the regulatory documents into the scope of the record, according to the law to revoke and correct the illegal violation of the normative documents, the local system issued a document with the nature of the legislation. [7]
(three) the basis for the protection of citizens' legal rights
Respect and protection of civil rights is the basic reason of China's socialist rule of law, promote ruling according to the constitution, the need to pay more attention to the protection of human rights and democracy, as General Secretary Hu Jintao June 29, 2006 in the hosting of the Political Bureau of collective learning, say, Scientific Ruling, democratic ruling, ruling by law, the core is to for the people hold good politics and good right palm.
Since the reform and opening up, especially in recent years, the legal system of protecting civil rights has made important progress in our country. For example, in 2004 the "national respect and safeguard human rights" was written into the Constitution and vowed to respect and protect human rights in the political and legal status of our country, but also should see at the same time, due to historical and practical reasons, we guarantee civil rights and legal system is not perfect. In the law enforcement, judicial and other aspects of disregard even against civil rights of the phenomenon still exists. Therefore, we must speed up the perfect embodiment of the right to a fair, equal opportunities, fair rules of the legal system, to protect the citizens' personal rights, property rights, basic political rights the rights are not violated, safeguard citizen's economic, cultural, social and other various rights have been implemented. We must strengthen the building of judicial personnel, strictly regulate the behavior of judicial personnel, guarantee factors and disturbances all judicial activities is not affected by power, money, and human relations such as, so that the masses of the people in every law enforcement and judicial cases in all sense of fairness and justice.
(four) key: improving the constitution consciousness of the leading cadres
Leading cadres at all levels in observe and safeguard the constitution has the important leading and exemplary role, in promoting the managing state affairs according to law is shouldering the important responsibility, adhere to the ruling according to the constitution, must seize the leading cadres of the "vital few". According to the constitution, as the ruling idea of the party, it is needed to take the initiative action of leading cadres at all levels to be put into practice. However, according to the constitution the ruling consciousness is not spontaneous, as a kind of inherent power of the mind, we need to nurture and sharpen. One should establish and perfect the system of leading cadres at all levels to study the constitution law. The Constitution and laws as the party committees (party) central group learning content, as one of the most important aspects of the education of leading cadres, Party school, School of administration, cadre institute, Institute of socialism compulsory, the constitutional law education into the cadres at all levels of education and training planning, strengthen the leading cadres before the induction of constitutional knowledge training. Two is to establish a constitutional oath system. Constitutional oath refers to the state of the state public servants to work in accordance with the law of public commitment to abide by the state constitution and abide by the law. This is in the world most written constitutions of the countries have adopted a system, in 142 a written constitution, the provisions of certain civil servants must swear to uphold or their allegiance to the constitution of the 97, 68.3% of the total, [7] through the constitutional oath, guide the cadre of leaders of all levels to master the basic knowledge of the constitution, and establish loyal to the constitution, safeguard the constitution consciousness, leading to comply with the Constitution and laws, the lead in accordance with the law.
Three is to establish a sound assessment system. To the construction of the rule of law as a measure of the effectiveness of an important part of the team of leaders of all levels and leading cadres work performance, included in the performance evaluation index system. To adhere to the correct selection and appointment oriented, to comply with the situation of the constitution as an important part of the assessment of cadres, and strive to create a grand with the rule of law and the rule of law awareness of the contingent of cadres.
reference
[1] the decision of the CPC Central Committee on a number of major issues concerning the overall promotion of the rule of law [M]. Beijing: People's press, 2014
[2] Hai Chun song, Yu Hong. According to the constitution of ruling: the constitutional thought of keeping pace with the times for pilot [J]. Northeast Normal University (PHILOSOPHY AND SOCIAL SCIENCES EDITION), 2011. (2)
[3] Han Dayuan. An analysis of the Chinese Communist Party in accordance with the constitution of the CPC Central Party School of the Communist Party of China, 2014, (6) [J]..
[4] Song Haichun. Study on the constitution of the Constitution and the constitution of the party [M]. Changchun: Jilin people's publishing house, 2011
[5] Xiao Beigeng. Hunan province "six five" law 2012 reader [M]. Haikou: Hainan press, 2012
[6] Yin Xiao Hu. According to the theory connotation of constitution and perfection of the ruling [J].