"Every case must be filed, every complaint must be handled!" Interpretation of the 31 new regulations from the plenary session that will change China.
I. Comprehensive Rule of Law
1. Party discipline should be stricter than law
Improve and strictly enforce various systems and regulations regarding the political, work, and living treatment of leading cadres, and focus on rectifying all kinds of privileged behavior. Any corrupt acts and corrupt individuals must be resolutely punished according to discipline and law, without leniency.
2. The Political and Legal Affairs Commission remains
The Political and Legal Affairs Committees of Party committees at all levels should focus their work on grasping the political direction, coordinating the functions of various departments, overseeing political and legal work, building the political and legal team, supervising law-based performance of duties, and creating a fair judicial environment, taking the lead in acting according to the law, and ensuring the correct and unified implementation of the Constitution and laws.
3. Regarding Taiwan: The One-China Principle remains unwavering
Use legal means to uphold the One-China principle, oppose "Taiwan independence," enhance the common understanding of maintaining the One-China framework, and promote the peaceful reunification of the motherland.
4. Regarding Special Administrative Regions: External forces should not interfere in domestic affairs
Exercise central authority according to law, ensure a high degree of autonomy according to law, support the chief executives and governments of the special administrative regions in governing according to law, ensure the development of economic and trade relations and exchanges and cooperation in various fields between the mainland and Hong Kong and Macao, and prevent and oppose interference by external forces in the affairs of Hong Kong and Macao...
II. Strengthening the Authority of the Constitution
1. Establishing a Constitutional Oath System
December 4 of each year is designated as the National Constitution Day. A constitutional oath system is established, whereby all state functionaries elected or appointed by the People's Congress and its Standing Committee must publicly swear an oath to the Constitution when taking office.
All acts in violation of the Constitution must be investigated and corrected.
All ethnic groups, state organs, armed forces, political parties, social organizations, enterprises, and institutions must take the Constitution as the fundamental norm for their activities and bear the responsibility of upholding the dignity of the Constitution and ensuring its implementation. All acts in violation of the Constitution must be investigated and corrected.
2. Improving Legislation to Strike Hard Against Corruption
Accelerate the advancement of national anti-corruption legislation, improve the system for punishing and preventing corruption, form an effective mechanism that ensures officials dare not, cannot, and do not want to engage in corruption, and resolutely curb and prevent corrupt practices. Improve the legal system for punishing bribery and corruption crimes, expanding the object of bribery from property to property and other property interests.
3. Market economy guarantees require more laws
Formulate and improve laws and regulations on development planning, investment management, land management, energy and mineral resources, agriculture, fiscal taxation, and finance, to promote the free flow of goods and factors, fair trade, and equal use.
4. Protect human rights
Protect citizens' rights in accordance with the law, accelerate the improvement of the legal system that embodies fairness in rights, opportunities, and rules, and ensure that citizens' personal rights, property rights, basic political rights, and other rights are not violated... Enhance the awareness of respecting and protecting human rights throughout society, and improve channels and methods for citizens' rights relief.
5. Protect the environment: Substantially increase the cost of ecological violations
Use strict legal systems to protect the ecological environment, accelerate the establishment of an ecological civilization legal framework that effectively curbs development activities and promotes green, circular, and low-carbon development, strengthen producers' legal responsibilities for environmental protection, and significantly increase the cost of violations.
6. Counter-terrorism: Expedite the introduction of counter-terrorism laws
Accelerate the construction of a rule-of-law framework for national security, promptly introduce a batch of urgently needed laws such as those on counter-terrorism, advance the legalization of public security, and build a legal system for national security.
7. Internet legislation has begun
Strengthen legislation in the internet domain, improve laws and regulations on network information services, cybersecurity protection, and online social management...
8. Eliminate departmental disputes and introduce third-party evaluations
Effectively prevent the legalization of departmental interests and local protectionism through institutional mechanisms and work procedures. For major legislative matters with significant inter-departmental disputes, decision-making authorities shall introduce third-party evaluations.
III. Law-Based Administration
1. Establish a lifelong accountability system for major decisions and a retroactive investigation mechanism
For serious errors in decision-making or failure to make timely decisions that should have been made according to law, resulting in major losses or adverse impacts, strictly pursue the legal liability of the chief administrative officer, other responsible leaders, and relevant responsible personnel.
2. Improve the error correction and accountability mechanism
Improve the error correction and accountability mechanism, and refine accountability methods and procedures such as ordering public apologies, suspension from duty for investigation, resignation by taking responsibility, ordered resignation, and recall.
3. Resolutely eliminate interference in law enforcement activities
Strengthen law enforcement oversight, resolutely eliminate interference in law enforcement activities, prevent and overcome local and departmental protectionism, and punish corruption in law enforcement.
4. Eliminate the phenomena of failing to transfer cases, difficulty in transferring cases, and substituting fines for criminal penalties
Improve case transfer standards and procedures, establish information sharing, case notification, and case transfer systems among administrative law enforcement agencies, public security organs, procuratorial organs, and judicial organs, resolutely overcome the phenomena of failing to transfer cases, difficulty in transferring cases, and substituting fines for criminal penalties, and achieve seamless integration of administrative penalties and criminal punishments.
5. Significantly reduce the types of law enforcement teams at the city and county levels
Promote comprehensive law enforcement in key areas such as food and drug safety, industry and commerce quality inspection, public health, work safety, culture and tourism, resources and environment, agriculture, forestry and water conservancy, transportation, urban and rural construction, and marine fisheries, and where conditions permit, promote cross-departmental comprehensive law enforcement.
6. Administrative organs shall not set powers outside the law.
Administrative organs shall not set powers outside the law, and without legal or regulatory basis, they shall not make decisions that diminish the lawful rights and interests of citizens, legal persons, or other organizations, or increase their obligations. The system of government power lists shall be implemented, and the space for power rent-seeking shall be resolutely eliminated.
IV. Upholding Judicial Fairness
1. Party and government organs and leading officials shall not interfere in judicial matters.
No Party or government organ or leading official shall require judicial organs to do anything that violates statutory duties or undermines judicial fairness, and no judicial organ shall comply with any requirement from Party or government organs or leading officials that illegally interferes in judicial activities. Those who interfere in judicial case handling shall be subject to Party discipline or administrative sanctions; if wrongful convictions or other serious consequences result, criminal liability shall be pursued according to law.
2. Resolutely eliminate all kinds of unspoken rules.
No leniency outside the law is allowed, and no case-related, favor-based, or money-driven cases are permitted. We resolutely oppose and overcome privilege mentality, bureaucratic style, and overbearing conduct, and resolutely oppose and punish rough and brutal law enforcement. Zero tolerance for corruption in the judicial field, and we resolutely eliminate the rotten apples.
3. Severely punish judicial brokerage activities
Regulate the contact and interaction between judicial personnel and parties, lawyers, special relationship persons, and intermediary organizations in accordance with the law. It is strictly forbidden for judicial personnel to privately contact parties and lawyers, disclose or inquire about case details, accept meals or property, or introduce agency and defense business to lawyers, and other illegal or disciplinary acts. We resolutely punish judicial brokerage activities to prevent interest transfer.
4. Prevent public opinion from affecting judicial fairness
Improve the system of people's supervisors, focusing on supervising the filing, detention, seizure and freezing of property, prosecution, and other aspects of law enforcement activities in the investigation of duty-related crimes by procuratorial organs. Judicial organs should promptly respond to social concerns. Regulate media coverage of cases to prevent public opinion from affecting judicial fairness.
5. Improve and implement legal principles such as the presumption of innocence and the exclusion of illegally obtained evidence
Improve judicial oversight over measures restricting personal freedom and investigative methods, strengthen the prevention of torture and illegal evidence collection at the source, and improve mechanisms for effectively preventing and promptly correcting wrongful convictions.
6. Implement the principle that those handling cases are responsible for them.
Judicial personnel must not improperly interfere with cases handled by others, and establish a system for recording and holding accountable internal judicial personnel who inquire about cases. Improve the responsibility system for presiding judges, collegial panels, chief prosecutors, and lead investigators, ensuring that those handling cases are responsible for them.
7. All cases must be accepted, and all complaints must be addressed.
Ensure that cases legally accepted by the people's courts are filed and addressed, protecting the litigation rights of parties. Increase penalties for false litigation, malicious litigation, and unreasonable persistent litigation. Improve the leniency system for admitting guilt and accepting punishment in criminal proceedings.
8. Promote pilot reforms to separate adjudicative and enforcement powers.
Improve the judicial system, promote pilot reforms to separate adjudicative and enforcement powers. Improve the penal enforcement system, unify the penal enforcement system. Reform the personnel, property, and management system of judicial organs, explore the separation of court and procuratorate administrative affairs from adjudicative and prosecutorial powers.
V. Building a Law-Based Society
Incorporate Petitioning into the Rule of Law
Establish and improve mechanisms for early warning of social conflicts, interest expression, consultation and communication, and relief and assistance, smooth legal channels for coordinating public interests and safeguarding rights. Incorporate petitioning into the rule of law, ensuring that reasonable and lawful demands can achieve reasonable and lawful results in accordance with legal provisions and procedures.
VI. Building a Team of Legal Professionals
1. Establish a system for the selection of judges and prosecutors at different levels.
Newly appointed judges and prosecutors are uniformly recruited by the Higher People's Courts and Provincial People's Courts, and they shall serve in grassroots courts and courts. Judges and prosecutors of higher-level people's courts and people's courts are generally selected from outstanding judges and prosecutors of the next lower-level people's courts and people's courts.
2. Improve the legal profession access system
Improve the national unified legal professional qualification examination system and establish a unified pre-service training system for legal professionals. Establish a system for recruiting legislative workers, judges, and prosecutors from qualified lawyers and legal experts, open channels for eligible military transfer cadres to enter the specialized legal team, and improve the standardized and convenient mechanism for recruiting talents from graduates of political science and law majors.
3. Select people who are adept at using the rule of law thinking to promote work for leadership positions
Focus on the construction of leadership teams at all levels of legislative, law enforcement, and judicial organs, highlight political standards, and select people who are adept at using rule of law thinking and methods to promote work for leadership positions. Smooth the channels for exchange among cadres and talents in legislative, law enforcement, and judicial departments, as well as between them and qualified cadres and talents in other departments.
