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党的十几大提出依法治国的基本方略(为何说中国全面依法治国总体格局基本形成?)

编者按:随着中国共产党第二十次全国代表大会的胜利召开,中国未来五年的发展规划已清晰地展现在世人面前。为进一步向世界阐述新时代中国的发展蓝图,CGTN特推出二十大最新思想解读《中国蓝图·世界机遇》系列。此篇为该系列第二篇,主题为“全面依法治国”。

Editor's note: China has clearly demonstrated its development blueprint for the next five years with the successful opening of the 20th National Congress of the Communist Party of China. To further elucidate the plan to the world, CGTN has created the "China Blueprint: Opportunities for the World" series. This is the second piece focusing on China's law-based governance.

习近平总书记在党的二十大报告中深刻总结新时代十年党和国家事业取得的历史性成就,明确指出:全面依法治国总体格局基本形成。

In his report to the 20th Communist Party of China (CPC) National Congress, Xi Jinping, general secretary of the CPC Central Committee, offered an insightful summary of the historic achievements of the CPC and the country in the new era over the past decade, and clearly pointed out that a comprehensive framework for law-based governance has taken shape.

从1997年党的十五大报告首次提出“依法治国”是党领导人民治理国家的基本方略,到2012年党的十八大报告确认“全面推进依法治国”、明确“法治是治国理政的基本方式”的重要理念,依法治国逐渐成为党和国家事业的重大方针,并通过思想引领、战略谋划、制度构建和实践探索,基本形成了全面依法治国总体格局。

From the report delivered at the 15th CPC National Congress in 1997, which first proposed that law-based governance is the basic way for the Party to lead the people in governing the country, to the report delivered at the 18th CPC National Congress in 2012, which underscored the important concept of "advancing law-based governance in all fields" and clarified that "law-based governance is the basic way to govern the country," law-based governance has gradually become a major policy of the Party and the state in pursuing its mission. Driven by the ideology long upheld by the Party, efforts have been made in strategic planning, institution building and practical exploration. As a result, a comprehensive framework for law-based governance has taken shape.

党的十八大以来,以习近平同志为核心的党中央将法治作为治国理政的基本方式,在全面推进依法治国各项事业健康发展的过程中,不断完善中国特色社会主义法治理论,为新时代中国特色社会主义法治建设提供了明确的理论指引。

Since the 18th CPC National Congress, the CPC Central Committee with Comrade Xi Jinping at its core has taken the rule of law as the basic way of governing the country and, in the course of promoting the healthy development of undertakings on all fronts in accordance with the rule of law, has continuously improved the theory of socialist rule of law with Chinese characteristics, providing clear theoretical guidance for developing the system of socialist rule of law with Chinese characteristics in the new era.

“一规划两纲要”为全面推进依法治国各项工作谋篇布局

The "one plan and two outlines" can advance law-based governance on all fronts

在习近平法治思想的正确引领下,为了从总体上为全面依法治国各项工作谋篇布局、明确行动纲领,以习近平同志为核心的党中央高瞻远瞩,通过制定和出台“一规划两纲要”,为全面推进依法治国各项工作设计了总体方案、奠定了“总体格局”。

Under the correct guidance of Xi Jinping Thought on the Rule of Law, and in order to set the stage for comprehensive law-based governance and provide a clear action plan for all the work involved in promoting the rule of law, the CPC Central Committee with Comrade Xi Jinping at its core has taken a long-term view by designing the overall blueprint and establishing the framework for all the work involved in promoting law-based governance on all fronts of the rule of law, with the formulation and issuance of three key documents, namely the plan on building the rule of law in China, the outline on promoting the building of a rule-of-law government, and the outline on promoting the building of a law-based market supervision.

在法治中国的建设体系中,法治国家、法治政府、法治社会相辅相成,法治国家是法治建设的目标,法治政府是建设法治国家的重点,法治社会是构筑法治国家的基础。“一规划两纲要”涵盖了全面依法治国的所有领域、全过程和各方面,为到2035年基本形成法治国家、法治政府和法治社会的阶段性目标确立了法治发展战略、谋划了全面依法治国总体格局。

In the system of building China under the rule of law, the three components – a nation ruled by law, government ruled by law, and a society ruled by law – complement each other, with a nation ruled by law being the ultimate goal of law-based governance, government ruled by law being the focus of building a rule-of-law nation, and a society ruled by law being the foundation for building a rule-of-law nation. The "one plan and two outlines" cover all areas, processes and aspects of the comprehensive law-based governance, therefore constituting a development strategy for delivering the three essential components in law-based governance and setting out a comprehensive framework for law-based governance.

中国特色社会主义法治体系建设为全面推进依法治国各项工作提供了“总抓手”

Building a socialist rule of law with Chinese characteristics supports law-based governance

“建设中国特色社会主义法治体系、建设社会主义法治国家”是党的十八届四中全会首次提出的全面推进依法治国的总目标,并且得到了党的十九大报告的进一步确认。其制度建设要求主要是形成完备的法律规范体系、高效的法治实施体系、严密的法治监督体系、有力的法治保障体系,形成完善的党内法规体系。党的十九届四中全会审议通过的《中共中央关于坚持和完善中国特色社会主义制度、推进国家治理体系和治理能力现代化的若干重大问题的决定》明确规定:建设中国特色社会主义法治体系、建设社会主义法治国家是坚持和发展中国特色社会主义的内在要求。习近平总书记在关于党的十八届四中全会决定的说明中,将“建设中国特色社会主义法治体系”视为全面推进依法治国各项工作的“总抓手”。

"Building a system of socialist rule of law with Chinese characteristics and building a socialist country under the rule of law" are the overarching goals of comprehensively advancing law-based governance, as first proposed at the Fourth Plenary Session of the 18th CPC Central Committee and further confirmed in Xi Jinping's report at the 19th CPC National Congress. To build such a system, the main tasks include establishing a comprehensive system of laws and regulations, an efficient law enforcement system, a stringent system for supervising the rule of law, and a powerful system of guarantees under the rule of law and a comprehensive legal system within the Party. A decision of the Communist Party of China (CPC) Central Committee on some major issues concerning how to uphold and improve the system of socialism with Chinese characteristics and advance the modernization of China's system and capacity for governance, which was deliberated and passed by the Fourth Plenary Session of the 19th CPC Central Committee, clearly stipulates that building a system of socialist rule of law with Chinese characteristics and building a socialist country under the rule of law are inherent requirements for upholding and developing socialism with Chinese characteristics. In his statement on the decision of the Fourth Plenary Session of the 18th CPC Central Committee, Xi Jinping regarded "building a system of socialist rule of law with Chinese characteristics" as the overall means to comprehensively advance the work of law-based governance.

“科学立法、严格执法、公正司法、全民守法”奠定了全面依法治国实践的基本格局

"Science-based legislation, strict law enforcement, impartial justice and universal compliance with the law" support comprehensive law-based governance

“科学立法、严格执法、公正司法、全民守法”是党的十八大报告明确提出的新时代中国特色社会主义法治建设的“新十六字方针”。该方针更加全面、科学和有效地反映了中国特色社会主义法治实践的内在规律,奠定了全面依法治国的基本格局,为全面依法治国总体格局的基本形成起到了“四梁八柱”的奠基作用,并成为习近平法治思想的核心要义之一。

"Science-based legislation, strict law enforcement, impartial justice and universal compliance with the law" are the guidelines for building a system of socialist rule of law with Chinese characteristics in the new era, which was clearly put forward in the report of the 18th CPC National Congress. This policy reflects the inherent rules of the practice of socialism with Chinese characteristics in a more comprehensive, scientific and effective manner, lays down solid foundation for comprehensive law-based governance, and plays a fundamental role in the formation of the comprehensive framework for law-based governance, therefore becoming one of the core tenets of Xi Jinping Thought on the Rule of Law.

党的十八大做出全面推进依法治国战略部署,并将依法治国的工作重点将放在“全面推进”上,我国的法治建设呈现出一种全方位、全覆盖的大格局与新气象。经过长期努力,全面依法治国的基本格局,覆盖了立法、执法、司法和守法四个方面的工作部署,突出强调依宪治国是核心、科学立法是前提、严格执法是关键、公正司法是防线、全民守法是基础、依法执政是保证,以及法治精神、法治文化是灵魂,为总结新时代法治中国建设的历史性成就、正式提出“全面依法治国总体格局基本形成”的重大理论判断提供了坚实且厚重的实践依据。

The 18th CPC National Congress has made a strategic plan to comprehensively promote the rule of law. As the focus is put on "comprehensively promoting" the rule of law, the building of law-based governance has become more all-round and all-encompassing, with unlimited potential and new dynamics. After long-term efforts, the comprehensive framework for law-based governance now covers the work arrangement in the four aspects of legislation, law enforcement, judiciary and legal compliance by the public. It highlights that ruling the country in accordance with the Constitution is the core; science-based legislation is the premise; strict law enforcement is the key; impartial justice constitutes the line of defense; law-abiding by all people is the foundation; law-based governance offers guarantee of protection; and the spirit and culture of rule of law is the soul. All of these provide a solid and practical basis for reaching the conclusion on the historic achievements of building the rule of law in China in the new era and for putting forward the major theoretical proposition that "a comprehensive framework for law-based governance has taken shape."

(莫纪宏是中国社科院法学所所长、研究员)

(Contributed by Mo Jihong, director and researcher of the Institute of Law at the Chinese Academy of Social Sciences.)

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