Guiding Opinions on Further Integrating Core Socialist Values into Construction of the Rule of Law
2018-07-01 1324
- Area of Law: Government Affairs
- Level of Authority: Group Provisions
- Date issued:12-25-2016
- Effective Date:12-25-2016
- 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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