Guiding Opinions on Further Integrating Core Socialist Values into Construction of the Rule of Law

 2018-07-01  8


  • Area of Law Government Affairs
  • Level of Authority Group Provisions
  • Date issued12-25-2016
  • Effective Date12-25-2016
  • Status Effective
  • Issuing Authority General Office of the Central Committee of the Communist Party of China (General Office, CCCPC) General Office of the State Council

The General Office of the CPC Central Committee and the General Office of the State Council Issuing the Guiding Opinions on Further Integrating Core Socialist Values into Construction of the Rule of Law
(December 2016)
For the purposes of implementing in depth the spirit of a series of important speeches delivered by the General Secretary Xi Jinping, vigorously developing and practicing core socialist values, using the laws, regulations and public policies to disseminate correct values to society, and integrating core socialist values into construction of the rule of law, the following opinions are hereby offered.
I. Significance and overall requirement
Socialist core values are the spirit of socialist construction of the rule of law. Integrating core socialist values into construction of the rule of law is the inevitable requirement of adherence to combining the rule of law with the rule of virtue, and an important path to strengthen the development of core socialist values. Since the 18th National Congress of the Communist Party of China (CPC), under the strong leadership of the CPC Central Committee centering on Comrade Xi Jinping, all regions and all departments have vigorously adopted the thinking and methods of the rule of law to promote the development of core socialist values of which the major content are prosperity, democracy, civility, harmony, freedom, equality, justice, the rule of law, patriotism, dedication, integrity and friendship, and the work in every aspect has in a upswing and positive development trend. Nevertheless, it ought to be noticed that compared with the requirement of the advancement of the modernization development of the national governance system and ability, there is still a long way to go before core socialist values are integrated into construction of the rule of law. Some regulations and policies are obscure in values, weak in pertinence and operability, and not powerfully enough in guarantee; some local governments and departments contravene the requirement of core socialist values in the process of law enforcement and justice; and some members of society have weak awareness of respecting, learning, observing and using the law, and the concept of the rule of law of all the people needs further improving, among others. The significance and urgency of the integration of core socialist values into construction of the rule of law shall be fully recognized from the strategic perspective of the consolidation of the common thought and moral foundations for whole nation's unity and striving, effective play shall be given to the regulation and guarantee role of the rule of law, and the embedding of core socialist values in mind and behaviors shall be promoted.
In order to further integrate core socialist values into construction of the rule of law, we must comprehensively implement the 18th CPC National Congress, and the , carry out in depth the spirit of a series of important speeches delivered by the General Secretary Xi Jinping and new ideas, thoughts and strategies of ruling state and dealing with politics, thoroughly execute the basic plan of the rule of law, adhere to the combination of the rule of law and the rule of virtue, integrate core socialist values into the whole process of the building of a country, government and society governed by the law, and each part of scientific legislation, strict law enforcement, impartial justice and observation of the law by whole nation, use the rule of law to show moral ideas, strengthen the role of the law in prompting moral construction, promote the people in becoming more familiar with core socialist values, and provide strong value guiding force, cultural cohesive force and spiritual driving force for the accomplishment of "Two Centenary Goals" and the realization of the Chinese Dream of great rejuvenation of Chinese nation.
II. Promoting core socialist values in the laws and regulations
The laws and regulations show prominent values and the socialist laws and regulations have a direct bearing on the cognition, approval and voluntary practice of core socialist values by the people. The guidance of core socialist values shall be adhered to, the concepts of people orientation and legislation for the people shall be abode by, and the requirement of core socialist values shall be reflected in the Constitution, laws, regulations, rules and public policies and transformed to provisions of the law with mandatory binding force.
Legislation in key fields shall be strengthened. The need for the legislation on the development of core socialist values shall be analyzed in depth, the law's character of regulation and guidance shall be combined, legislation, revision, repeal and interpretation shall be equally adhered to, and the legislation in relevant fields shall be vigorously advanced, so as to make the laws and regulations better show the value objectives of the country, values of society and value code of citizens. The improvement of the system of law reflecting equality of rights, opportunities and rules shall be accelerated so as to safeguard civil rights in accordance with the law and maintain fairness and justice. The system of law of the socialist market economy shall be constantly improved, and the development of the systems and mechanisms of property rights protection, contract maintenance, unified market, equal exchange, fair competition, and effective supervision shall be accelerated so as to promote the development of social honesty. The compilation of the civil code shall be advanced, the system of basic civil law shall be improved, and the spirit of contract of whole society shall be strengthened. The legislation in the aspects of guarantee and improvement of people's livelihood, and advancement of the innovation on the social governance system shall be enhanced, and the laws and regulations in the aspects of education, labor and employment, income distribution, social guarantee, medical care and health, poverty alleviation and relief, social assistance, marriage and family, and the lawful rights and interests of women, children, the elderly and the disabled, among others, shall be improved. Some basic moral regulations shall be transformed to the laws and regulations in priority, policies and systems which are effective in practice shall be made into laws and regulations, and the legislative work in the aspects of civilized behaviors, social honesty, brave acts for a just cause, admiration of heroes, volunteering services, diligence and thriftiness, and respect for parents, among others shall be promoted. Cities divided into districts shall improve lean legislation and promote the development of social civilization. The legislation in the field of the Internet shall be strengthened, and the laws and regulations in the aspects of internet information services, cybersecurity protection, and network society management, among others, shall be improved. A system of law of ecological civilization effectively restricting development behaviors and promoting green, low-carbon and circular development shall be constantly improved, and the harmonious development of humankind and the nature shall be promoted. The development of the record examination system and ability of regulatory documents shall be enhanced, a regular review mechanism of the laws and regulations shall be established and improved, and the laws and regulations which fail to meet the requirement of core socialist values shall be amended or repealed according to statutory procedures in a timely manner.
The value objectives of public policies shall be strengthened. Economic and social policies and major reform measures shall be developed, specific policies and measures closely related to the work, life and realistic interests of the people shall be issued, fairness, justice and social responsibility shall be fully reflected, and attention shall be paid to the organic unity of policy objectives and values, and that of economic benefit and social benefit, so as to establish a positive policy orientation and interests guidance mechanism favorable to develop and advocate core socialist values. The policy assessment and error correction mechanism shall be improved to prevent specific policies and measures from deviating from core socialist values and realize favorable interaction between public policies and moral construction.
The development of the regulation system within the party shall be strengthened. With the party constitution as the fundamental rules, the regulations within the party shall be improved, institutional guarantee shall be bettered, and a regulation system within the party with complete support shall be developed, so as to promote party members and officials in taking the lead in practicing core socialist values. The achievement in the stricter management of the party shall be converted into moral standards and disciplinary requirement, the unity of managing the party by regulations and by virtue shall be ensured, and the noble moral sentiments and value pursuit of communists shall be fully displayed.
III. Strengthening values in social governance
Promoting the development of core socialist values depends on both good laws and delicate governance. Social governance shall assume the responsibility for advocating core socialist values, and attention shall be paid to reflecting obvious values in routine management, so as to advocate and encourage behaviors consistent with core socialist values and restrict and impose punishment for those in contravention of core socialist values.
Strict, regulated, impartial and civilized law enforcement shall be ensured. The concepts of performance of functions and duties in strict accordance with the law, "all people are equal before the law," and respecting and guaranteeing human rights shall be enhanced, administration by law shall be advanced in depth, the development of a government by law shall be accelerated, and the development of safe China shall be advanced. The maintenance of the sound market order and fair market environment shall be focused on, and the criminal acts undermining the order of socialist market economy shall be strictly cracked down upon. Attention shall be paid to the protection of the lawful rights and interests of the people, the interest expression, coordination and protection mechanism shall be improved, and the law shall be better enforced in key fields relating to the vital interests of the people such as food and drugs, work safety, environmental protection, labor security, medical care and health, and trade services. The comprehensive law enforcement on the cultural market shall be enhanced, "the combat against pornography and illegal publications" shall be conducted in depth, harmful cultural information, and adverse products and services shall be investigated and dealt with in accordance with the law, and the national cultural security and ideology security shall be maintained. Cyberspace governance shall be enhanced in accordance with the law, and acts such as network rumor mongering and fraud, scurrilous attack, dissemination of obscenity and pornography shall be strictly punishable, so as to purify the network environment. The overall national security outlook shall be implemented to effectively maintain national political and power security. Criminal acts detrimental to national security and social stability such as violent terrorism and ethnic separatism shall be strictly punishable, and social issues involving ethnic groups, religion and other factors shall be properly disposed of in accordance with the law, so as to maintain the unity of the country, national solidarity and social harmony. The procedures for law enforcement shall be improved, the mode of law enforcement shall be bettered, the lawful rights and interests of natural persons and legal persons shall be respected, discretion standards shall accurately mastered and applied, and the unity of the requirement and form of law enforcement, and the results and social effect of law enforcement shall be realized. Personnel of administrative law enforcement and criminal justice shall excel in grasping and guiding social mindset and the mood of the people, comprehensively adopt legal, economic and administrative means and education, mediation and persuasion methods, and integrate the law, reason and sentiments to guide and support people in reasonably and lawfully expressing interest appeals, and properly resolve various social conflicts.
Multiple-level and field governance in accordance with the law shall be advanced. Special education and rectification on the outstanding issues in the moral field shall be conducted in depth, illegal acts featuring anomie and dishonesty in accordance with the law shall be punishable in accordance with the law, rectification on phenomena such as violating moral red line and loss of conscience shall be vigorously conducted, truth, virtue and beauty shall be advocated and fake, evil and ugly shall be denounced. The development of a social credit system shall be strengthened, a reward and incentive mechanism of observation of the law and honesty and the punishment mechanism of violations of the law and dishonesty shall be improved, and credit supervision, deterrence and punishment efforts against dishonest persons subject to enforcement shall be enhanced. The scientific research integrity specifications shall be improved. The vigor of social organizations shall be sparked, self-discipline and self-regulation shall be enhanced, and effective play shall be given to the role of participation in social affairs, maintenance of public interests, assistance to poverty-stricken people, help and education for special populations and prevention of violations of the law and crimes. The development of the administration and industry work styles shall be deepened and harmful industry work styles shall be corrected effectively. Social regulations such as municipal residents' pact, village regulations and agreements, industry rules, and society bylaws shall be improved, and play shall be given to the leading role of the meritorious service honor and recognition systems of the party and the country, and the education role of the ritual system, so as to make the process of social governance a process of the development and practice of core socialist values.
The management of the party according to the rules shall be adhered to. The political life within the party shall be strengthened and regulated, the political discipline and rules of the party shall be seriously enforced, and the political ecology within the party shall be comprehensively purified. The construction of the party's work style shall be strengthened, firm ideal and faith, practice of fundamental purpose, and enhancement of moral integrity shall be prioritized, and the persistent rectification on formalism, bureaucracy, hedonism and extravagance shall be adhered to so as to comprehensively purify the work style of the party. Corruption shall be combated with an attitude of zero tolerance, and various corruption cases shall be investigated and dealt with in strict accordance with the disciplines and the laws, so as to establish clean politics.
IV. Guiding social justice with judicial justice
Justice is the last defense line to maintain social fairness and justice, and judicial justice plays an important role in guiding social justice. The reform of the judicial system shall be comprehensively deepened, and the establishment and improvement of an impartial, efficient and authoritative socialist judicial system shall be accelerated, so as to ensure that judicial and procuratorial departments independently and impartially perform trial and prosecution powers in accordance with the law, provide high-quality, efficient judicial services and guarantee, make efforts to allow the people to feel fairness and justice in each judicial case, and promote the implementation of core socialist values.
Judicial credibility shall be improved. It shall be adhered to that facts are used as basis and the law as the criterion, cases shall be handled in strict accordance with facts and the law, it shall be ensured that the case-handling process conforms to procedural justice and case-handling results conforms to substantial justice, and impartial justice shall be used to develop and advocate core socialist values. The protection of the lawful rights and interests of disadvantaged groups shall be strengthened, more efforts shall be made to investigate and deal with cases involving people's life, and by handling specific cases, positive social relations and atmosphere shall be promoted. Based on how difficult the case is or how heavy the punishment is, separation of easy and complex cases shall be vigorously advanced, summary procedures, small claims procedures and criminal case quick trial procedures shall be applied in accordance with the law, independently choosing mediation, settlement, coordination and other dispute resolution methods shall be guided and encouraged, and the balance of impartiality and efficiency at a higher level shall be realized. The issue of difficulties in enforcement shall be effectively solved, and it shall be guaranteed in accordance with the law that the winning parties realize their lawful rights and interests in a timely manner. The principles and systems of law such as nulla poena sine lege, no punishment in doubtful cases, and exclusion of illegally obtained evidence shall be strictly implemented, and an error correction mechanism shall be established and improved so as to effectively prevent cases involving unjust, false or erroneous charges. It shall be adhered to that openness is used to promote impartiality and transparency to guarantee cleanness, the judicial responsibility system shall be strictly implemented, the protection mechanism of judicial personnel performing statutory duties shall be established and improved, open trial, prosecution, policing affairs and prison affairs shall be advanced, leaders shall be strictly prohibited from intervening in judicial activities and meddling in the handling of specific cases, and the supervision of judicial activities shall be enhanced to make justice operate in sunlight.
A complete legal service system shall be established. Judicial relief and legal support services shall be strengthened, overall arrangements about urban, rural and regional legal service resources shall be made, and the promotion of the expansion of legal services to underdeveloped regions and basic-level villages (communities) shall be accelerated. The lawful rights protection channels shall be kept unimpeded, the construction of litigation service centers shall be advanced in depth, litigation service facilities shall be constantly improved, measures suitable to local conditions shall be adopted to promote the systems of case docketing appointment, long-distance case docketing, and online case docketing, among others, and circuit trials shall be strengthened, so as to facilitate the people in bringing actions, ease the litigation burden on the people, protect the litigation rights of parties and other litigation participants, and maximize the role of justice in protecting human rights.
Judicial policies shall be improved, judicial interpretation shall be strengthened and case guidance shall be enhanced. The spirit and principle of law shall be abode by, judicial policies adapting to the requirement of core socialist values shall be implemented, and the timeliness, pertinence and effectiveness of the applicable laws and regulations shall be enhanced, so as to provide specific and well-defined judicial policy support for the punishment for the acts in contravention of core socialist values and serious loss of integrity. The spirit and principle of law shall be accurately grasped, the requirement of the practice of the development of core socialist values shall be adapted to, play shall be given to the functions of judicial interpretation, and the law shall be interpreted correctly. The case guidance system shall be improved, cases with universal guiding significance for judicial case handling and playing a demonstration role in developing and advocating core socialist values shall be chosen in a timely manner and issued as guiding cases, and through individual cases, the law shall be interpreted and the standards for the application of law shall be unified.
V. Advocating the socialist spirit of the rule of law
The spirit of the rule of law rooting in the mind of all the people is the basic content and important basis of the development of core socialist values. The combination of publicity and education of the rule of law and the practice of the rule of law shall be adhered to so as to develop socialist culture of the rule of law, promote whole society in developing the awareness of the rule of law and improve the concept of the rule of law, create a social atmosphere of an honor to observe the law and a shame to break the law, and make all the people faithfully admire the socialist rule of law and voluntarily practice core socialist values.
The publicity and education of the rule of law shall be conducted in depth. The important exposition of the comprehensive rule of law by Xi Jinping shall be studied and publicized in depth, and the voluntariness and firmness to take the path of the socialist rule of law with Chinese characteristics shall be improved. Publicity and education of the Constitution shall be conducted in depth, the spirit of the Constitution shall be advocated, and the awareness of the Constitution shall be raised, so as to create a social atmosphere of admiring the Constitution, abide by the Constitution, and maintain the authority of the Constitution. The socialist system of law with Chinese characteristics shall be publicized in depth, publicity shall be given in priority to the laws and regulations closely related to social and economic development and the work and life of the people, and through public trial, issuance of typical cases, questions and answers before and after litigation, and other means, all citizens shall be guided in voluntarily observing the law, resorting to the law when encountering incidents and solving the problems with the law. A party constitution and party rules studying and education campaign shall be conducted among all party members, basic standards shall be specified and code of conduct shall be developed. That leaders take the lead in studying the law and exemplarily observe the law shall be used as the key to develop the awareness of the rule of law, the system for state functionaries to learn and use the law shall be improved, and the thinking of the rule of law of party members and officials and the ability thereof to handle matters in accordance with the law shall be improved. It shall be adhered to that the campaign is conducted among juveniles, and the education of the rule of law shall be included in the national education system so as to make juveniles raise awareness of the Constitution, state and the rule of law. The law popularization, publicity and education mechanism shall be improved, the law popularization responsibility mechanism of state departments "that enforce the law shall popularize the law" shall be implemented, a system for judges, procurators, administrative law enforcement personnel and lawyers, among others, to interpret the law with cases shall be established and implemented, the education of the rule of law shall be included in the civilized city, township, entity, family and school construction campaigns, the responsibility of basic-level party organizations for conducting the publicity and education of the rule of law shall be enhanced, the people-oriented campaigns of the culture of the rule of law shall be conducted in a wide range, people-benefiting popularization of the law and public service announcement and publicity campaigns shall be conducted, and the law shall be promoted in state departments, villages, communities, schools, enterprises and entities.
The moral background of the rule of law shall be improved. The education of the rule of law and moral education shall be combined, the learning, education and practice of core socialist values shall be deepened, the education of social ethics, professional ethics, family virtues and individual moral education shall be conducted in depth, patriotism, collectivism and socialist thoughts shall vigorously advocated, and the spirit of the rule of law shall be nurtured with morality. The awareness of rules shall be raised, the spirit of contract and public order and good customs shall be advocated, people shall be guided in voluntarily performing statutory obligations, social responsibility and family responsibility, and efforts shall be made to develop prevailing custom practices that Chinese people are mutually responsible to each other. The learning and publicity campaigns of era models, moral models, the most beautiful figures and good Samaritans shall be conducted in a large range, and readiness to help others, braveness for a just cause, honesty and keeping faith, devotion to work and dedication, respect for the elderly and parents, and other virtues and benevolence shall be vigorously advocated. Traditional Chinese culture shall be vigorously advocated, the values of times that the Chinese nation stresses humanity, focuses on the people as orientation, keeps honesty, admires justice, values harmony and seeks great unity shall be mined and elucidated in depth, and the essence of the Chinese legal culture shall be absorbed to make it an important fountain to nurture socialist culture of the rule of law.
Strengthening organization and leadership
The party committees at all levels shall attach great importance to the integration of core socialist values into the construction of the rule of law, strengthen organization and leadership, and work with more efforts. The people's congresses, the government, the Chinese People's Political Consultative Conference, the trial departments, and the procuratorial departments shall conscientiously perform their duties, and all fields and all departments shall fully give play to their respective advantages and vigorously and actively conduct their work. The publicity departments and political and legal affairs committees of party committees shall strengthen guidance to the work, make overall arrangements about the forces of all parties, coordinate the functions and duties of all parties, join work forces for joint efforts in regulation and management, and create a good environment of the rule of law for the construction of core socialist values.
The development of the team of the work on the rule of law shall be strengthened. The thought and political quality, business work ability and professional ethics level of the team of the work on the rule of law shall be improved in priority so as to ensure its loyalty to the party, country, the people and the law. For the legislation team, administrative law enforcement team and judicial team, the education of core socialist values and the socialist idea of the rule of law shall be conducted in depth, professional ethics and morality shall be strengthened, and efforts shall be made to establish political and legal affairs team with firm faith, enforcing the law for the people, brave to assume responsibility, and of integrity and cleanness. According to the requirement of focusing on conduct, stressing integrity and abiding by the rules, the development of the lawyer team shall be strengthened, and the teams of notaries, basic-level legal service workers and the people's mediators shall be developed. The development of the legal service volunteer team shall be promoted. The orientation of development of morality and talents and moral education as priority shall be adhered to, the entry of the theories on the socialist rule of law with Chinese characteristics into textbooks, classrooms and mind shall be promoted, and the talents and backup forces in the rule of law who are familiar with and adhere to the socialist idea of rule of law and core socialist values shall be fostered.
Reform and innovation shall be adhered to. According to the requirement of being throughout, combination and integration, and detailed, subtle and effective implementation, effective paths and methods shall be vigorously explored to make core socialist values and the construction of the rule of law promote each and bring out the best in each other. The principal position of the people shall be upheld, the channels and means for the people to participate in legislation, law enforcement and justice in an orderly manner shall be expanded, and the initiative and activeness of the people to devote themselves to the practice of the rule of law shall be mobilized, so as to make the law and the implementation thereof fully reflect the people's will and the requirement of core socialist values. Attention shall be paid to summarizing and promoting new creations and experience, the pertinence and actual effect of work shall be constantly improved, and education guidance, practice cultivation and conscientious law and good governance shall be depended on to develop a new pattern of the construction of core socialist values.
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