China Copyright & Media Blog Translates 4th Plenum & Law Issues

What can we all say ..but a huge thankyou to China Copyright & Media Blog for this labour of love

 

Here’s the the first introductory paragraphs to start you all off

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You can find the full Chinese text at http://china.caixin.com/2014-10-28/100744069_all.html#page2

CCP Central Committee Decision concerning Some Major Questions in Comprehensively Moving Governing the Country According to the law Forward

Translation complete, with the cooperation of Jeremy Daum

Passed on 23 October at the 4th Plenary Session of the 18th Central Committee of the Chinese Communist Party

In order to implement the strategic deployment made at the 18th Party Congress and accelerate the construction of a Socialist rule of law country, the 4th Plenary Session of the 18th Central Committee has considered some major questions in comprehensively moving ruling the country according to the law forward, and made the following Decision.

I, Persist in marching the path of Socialist rule of law with Chinese characteristics, build a Socialist rule of law system with Chinese characteristics.

Ruling the country according to the law is an essential requirement and important guarantee for persisting in and developing Socialism with Chinese characteristics, and it is an inevitable requirement to realize the modernization of the national governing system and governing ability, it affects our Party’s governing and rejuvenating the country, it affects the people’s welfare, peace and health, and it affects the long-term peace and order of the Party and the country.

To comprehensively build a moderately prosperous society and realize the Chinese Dream of the great rejuvenation of the Chinese nation, comprehensively deepen reform, perfect and develop the Socialist system with Chinese characteristics and raise the Party’s governing ability and governance levels, we must comprehensively move ruling the country according to the law forward.

Our country is in the primary stage of Socialism, the comprehensive construction of a moderately prosperous society has entered a decisive stage, reform has entered a phase of assault and a region of deep water, international circumstances are complex and mercurial, our Party is facing reform, development and stability tasks that are unprecedentedly heavy, and contradictions, risks and challenges in unprecedented numbers, the position of ruling the country according to the law has become more prominent in the overall picture of the work of the Party and the country, and its rule more important. In the face of new circumstances and new tasks, our Party must even better deal with both the domestic and international big pictures, even better safeguard and utilize this important period of strategic opportunity for our country’s development, even better comprehensively plan social forces, balance social interests, adjust social relationships and standardize social acts, to ensure that our country’s society is full of vitality as well as well-ordered during profound change, to realize economic development, political peace, cultural glory, social justice and ecological welfare, and to realize the strategic objective of our country’s peaceful development, we must give even better rein to the guiding and driving role of the rule of law.

Our Party gives high regard to the construction of rule of law. For a long period, and especially since the 3rd Plenum of the 11th Party Congress, our Party has profoundly summarized the successful experiences and profound lessons of our country’s Socialist rule of law construction, and has put forward that the rule of law must be strengthened, and it must be ensured that democracy is institutionalized and legalized to guarantee the people’s democracy, it made ruling the country according to the law into a basic strategy of the Party’s leading the people and governing the country, it made governing according to the law into a basic method for the Party to govern the country, it vigorously built Socialist rule of law and made historical achievements. At present, the Socialist legal system with Chinese characteristics has been formed, and the construction of a rule of law government is being moved forward steadily, the judicial system is incessantly being perfected, and the rule of law consciousness of the entire society is clearly strengthening.

At the same time, we must soberly be aware that, in comparison with the development needs of the undertakings of the Party and the State, in comparison with the expectations of the popular masses, and in comparison with moving ruling the country according to the law forward and modernizing our governing ability, rule of law construction still displays many problems where it is not adapted or unsuited, which is mainly manifested as: some laws and regulations have not been able to completely reflect objective laws and the will of the people, they are not strong in terms of focus or feasibility, there are tendencies of departmentalization in legislative work, turf battles and shifting of responsibility are relatively prominent; the phenomena that laws exist but are not followed, law enforcement is not strict and law-breakers aren’t punished are relatively grave, separation of powers and responsibilities in the law enforcement; multi-headed law enforcement and selective law enforcement still exist, law enforcement and the judiciary are quite prominently not standardized, not strict, not transparent and uncivilized, the masses’ strongly react against the problems of judicial unfairness and corruption; the consciousness of a number of members of society to abide by the law, trust in the law, respect the law, use the law, and safeguard their rights according to the law is not strong, some State personnel and especially leading cadres’ consciousness about handling affairs according to the law is not strong, and their abilities are insufficient, and it still occurs that laws are knowingly violated, one’s word replaces the law, the law is suppresses through power, and the law is bent for relatives and friends. These problems violate the principles of Socialist rule of law, harm the interests of the popular masses, impede the development of the undertakings of the Party and the country, and we must spend great efforts to resolve them.

To completely move ruling the country according to the law forward, we must implement the spirit of the 18th Party Congress and the 3rd Plenum of the 18th Party Congress, hold high the magnificent banner of Socialism with Chinese characteristics, take Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the important “Three Represents” thought, and the scientific development view as guidance, deeply study the spirit of the series of important speeches by General Secretary Xi Jinping, persist in the organic unity of the leadership of the Party, the people mastering their own affairs, and ruling the country according to the law, unwaveringly march the path of Socialist rule of law with Chinese characteristics, firmly uphold the authority of the Constitution and the laws, protect the people’s rights and interests according to the law, protect social fairness and justice, protect national security and stability, and provide powerful rule of law guarantees to realize the “Two Centuries” struggle objective and to realize the Chinese Dream of the great rejuvenation of the Chinese nation.