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习近平:加快建设社会主义法治国家(中英)

来源:  日期:2015-04-09 10:53  阅读 4671 次  作者:   划词  进入论坛  投稿

爱思英语编者按:Accelerating the Establishment of Socialist Rule of Law in China

加快建设社会主义法治国家
Accelerating the Establishment of Socialist Rule of Law in China

习近平
Xi Jinping

坚定不移走中国特色社会主义法治道路
Remaining committed to the path of socialist rule of law with Chinese characteristics

全面推进依法治国,必须走对路。如果路走错了,南辕北辙了,那再提什么要求和举措也都没有意义了。全会决定有一条贯穿全篇的红线,这就是坚持和拓展中国特色社会主义法治道路。中国特色社会主义法治道路是一个管总的东西。具体讲我国法治建设的成就,大大小小可以列举出十几条、几十条,但归结起来就是开辟了中国特色社会主义法治道路这一条。

In comprehensively advancing the rule of law in China, it is imperative that we take the right path. A wrong path will take us to the very opposite of what we are trying to accomplish and, if that happens, no requirement or measure we introduce will mean anything. There is a core theme that runs through the resolution we have adopted at this plenary session, and that is the necessity of keeping to and expanding the path of socialist rule of law with Chinese Characteristics. This path constitutes an overall guideline. That is to say, China has made dozens of achievements in its efforts to establish the rule of law, some large and some small. But ultimately these achievements boil down to one thing, and that is the path of socialist rule of law with Chinese Characteristics.

恩格斯说过:“一个新的纲领毕竟总是一面公开树立起来的旗帜,而外界就根据它来判断这个党。”推进任何一项工作,只要我们党旗帜鲜明了,全党都行动起来了,全社会就会跟着走。一个政党执政,最怕的是在重大问题上态度不坚定,结果社会上对有关问题沸沸扬扬、莫衷一是,别有用心的人趁机煽风点火、蛊惑搅和,最终没有不出事的!所以,道路问题不能含糊,必须向全社会释放正确而又明确的信号。

Engels once said, “A new program is after all a banner planted in public, and the outside world judges the party by it.” In any initiative we introduce, the public will stand behind the CPC as long as its banner is clear and its members step into action. The worst mistake a governing party can commit is to show indecisiveness on matters of extreme importance, standing by as the public debate rages on and division grows. Consequently, those with ulterior motives will fan the flames of discontent, lead the public astray, and stir up trouble. In the end a mishap is bound to occur! So, there is no room for ambiguity in the question of our path. We must send a clear and correct signal to the public.

这次全会部署全面推进依法治国,是我们党在治国理政上的自我完善、自我提高,不是在别人压力下做的。在坚持和拓展中国特色社会主义法治道路这个根本问题上,我们要树立自信、保持定力。走中国特色社会主义法治道路是一个重大课题,有许多东西需要深入探索,但基本的东西必须长期坚持。

The decision to lay out plans for comprehensively advancing the rule of law at this plenary session reflects the CPC’s will to enhance its capacity for national governance. This is not something that we have been pressured into doing. On the fundamental issue of keeping to and expanding the path of socialist rule of law with Chinese Characteristics, we need to demonstrate both confidence and resolve. This is a major proposition, and there are many things that will need to be explored and considered in depth. But the fundamental elements of this path must be permanently upheld.

第一,必须坚持中国共产党的领导。

First, we must uphold the leadership of the CPC.

党的领导是中国特色社会主义最本质的特征,是社会主义法治最根本的保证。坚持中国特色社会主义法治道路,最根本的是坚持中国共产党的领导。依法治国是我们党提出来的,把依法治国上升为党领导人民治理国家的基本方略也是我们党提出来的,而且党一直带领人民在实践中推进依法治国。全面推进依法治国,要有利于加强和改善党的领导,有利于巩固党的执政地位、完成党的执政使命,决不是要削弱党的领导。

Leadership by the CPC is the underlying feature of socialism with Chinese characteristics and the most fundamental guarantee for socialist rule of law. In upholding the path of socialist rule of law with Chinese Characteristics, the most important thing is that we uphold the leadership of the CPC. The CPC was the first to propose the rule of law in China; and the first to propose enshrining it as a fundamental principle by which the Party leads the people in governing the country. In addition, the CPC has been leading the people in advancing the rule of law in practice. Therefore, our efforts to comprehensively advance the rule of law in China must be conducive to strengthening and improving the leadership of the CPC, to bolstering its position as the governing party, and to accomplishing its mission in governing the country. In absolutely no way does this amount to weakening the leadership of the CPC.

坚持党的领导,是社会主义法治的根本要求,是全面推进依法治国题中应有之义。要把党的领导贯彻到依法治国全过程和各方面,坚持党的领导、人民当家作主、依法治国有机统一。只有在党的领导下依法治国、厉行法治,人民当家作主才能充分实现,国家和社会生活法治化才能有序推进。

Leadership by the CPC is a fundamental requirement of the socialist rule of law, and an integral part of our efforts to comprehensively advance the rule of law in China. We need to build CPC leadership into all aspects and processes of law-based governance, ensuring that an organic balance can be maintained between the leadership of the Party, the position of the people as masters of the country, and the rule of law. Only when the rule of law is enforced strictly under the leadership of the CPC will the people fully realize their role as masters of the country, and only then will the introduction of the rule of law into national and social affairs take place smoothly.

坚持党的领导,不是一句空的口号,必须具体体现在党领导立法、保证执法、支持司法、带头守法上。一方面,要坚持党总揽全局、协调各方的领导核心作用,统筹依法治国各领域工作,确保党的主张贯彻到依法治国全过程和各方面。另一方面,要改善党对依法治国的领导,不断提高党领导依法治国的能力和水平。党既要坚持依法治国、依法执政,自觉在宪法法律范围内活动,又要发挥好各级党组织和广大党员、干部在依法治国中的政治核心作用和先锋模范作用。

Leadership by the CPC is not an empty slogan, but something that must be manifested in practice through the CPC’s endeavors to lead legislation, ensure law enforcement, support the administration of justice, and lead the way in abiding by the law. On the one hand, we need to preserve CPC’s core role in exercising overall leadership and coordinating various efforts; bring all aspects of law-based governance under CPC’s overall planning; and ensure that CPC’s propositions are integrated into all aspects and processes of the rule of law. On the other hand, we need to improve CPC’s leadership over law-based governance in China, continually raising its capacity to lead in this regard. Not only must the CPC commit to governing in accordance with the law, confining its activities to the boundaries stipulated by the Constitution and law; but it must also fully exert the role of Party organizations, members, and officials as a leading political core and pioneer for enforcing the rule of law.

第二,必须坚持人民主体地位。

Second, we must uphold the principal position of the people.

我国社会主义制度保证了人民当家作主的主体地位,也保证了人民在全面推进依法治国中的主体地位。这是我们的制度优势,也是中国特色社会主义法治区别于资本主义法治的根本所在。

China’s socialist system ensures that the people assume the principal position as masters of the country. It also ensures that the people are the primary actors in comprehensively advancing the rule of law. This is a superiority of our system, and the fundamental distinction between socialist rule of law with Chinese characteristics and capitalist rule of law.

坚持人民主体地位,必须坚持法治为了人民、依靠人民、造福人民、保护人民。要保证人民在党的领导下,依照法律规定,通过各种途径和形式管理国家事务,管理经济和文化事业,管理社会事务。要把体现人民利益、反映人民愿望、维护人民权益、增进人民福祉落实到依法治国全过程,使法律及其实施充分体现人民意志。

To uphold the people’s principal position in the country, we must commit to the principle that the rule of law is for the people, dependent on the people, beneficial to the people, and there to protect the people. We must ensure that the people, under the leadership of the CPC, are able to administer state affairs and manage economic, cultural, and social affairs through various channels and in various ways as provided by law. Moreover, we must integrate the requirements of representing the people’s interests, reflecting their wishes, protecting their rights, and furthering their wellbeing into the whole process of our law-based governance, ensuring that the will of the people is embodied not just in laws themselves but also in their enforcement.

人民权益要靠法律保障,法律权威要靠人民维护。要充分调动人民群众投身依法治国实践的积极性和主动性,使全体人民都成为社会主义法治的忠实崇尚者、自觉遵守者、坚定捍卫者,使尊法、信法、守法、用法、护法成为全体人民的共同追求。

Just as the rights and interests of the people are protected by the law, the authority of the law must be maintained by the people. We need to motivate the public to actively involve themselves in the practice of the rule of law; enable the people as a whole to become loyal advocates, conscientious observers, and resolute defenders of socialist rule of law; and ensure that all people share a common aspiration to respect the law, trust the law, observe the law, apply the law, and defend the law.

第三,必须坚持法律面前人人平等。

Third, we must uphold the principle that all are equal before the law.

平等是社会主义法律的基本属性,是社会主义法治的基本要求。坚持法律面前人人平等,必须体现在立法、执法、司法、守法各个方面。任何组织和个人都必须尊重宪法法律权威,都必须在宪法法律范围内活动,都必须依照宪法法律行使权力或权利、履行职责或义务,都不得有超越宪法法律的特权。任何人违反宪法法律都要受到追究,绝不允许任何人以任何借口任何形式以言代法、以权压法、徇私枉法。

Equality is a basic attribute of socialist law and a fundamental requirement of socialist rule of law. The principle that all are equal before the law must be reflected in all aspects of legislation, law enforcement, judicial practice, and law abidance. All organizations and individuals must respect the authority of the Constitution and law; confine their activities to the boundaries prescribed by the Constitution and law; and exercise powers, enjoy rights, perform duties, and fulfill obligations in accordance with the Constitution and law. No organization or individual shall be permitted to enjoy special privileges that place them above the Constitution and law. Whoever violates the Constitution and law must face punishment. Under no circumstances can any individual, under any pretext or in any way, be allowed to arbitrarily override the law, place their power above the authority of the law, or bend the law for their own personal gain.

各级领导干部在推进依法治国方面肩负着重要责任。现在,一些党员、干部仍然存在人治思想和长官意识,认为依法办事条条框框多、束缚手脚,凡事都要自己说了算,根本不知道有法律存在,大搞以言代法、以权压法。这种现象不改变,依法治国就难以真正落实。必须抓住领导干部这个“关键少数”,首先解决好思想观念问题,引导各级干部深刻认识到,维护宪法法律权威就是维护党和人民共同意志的权威,捍卫宪法法律尊严就是捍卫党和人民共同意志的尊严,保证宪法法律实施就是保证党和人民共同意志的实现。

Leading officials at all levels have an important responsibility to assume in advancing the rule of law. At present, there are still Party members and officials who think that the country is under the rule of individuals, who think that they are the ones in charge, and who think that conducting affairs in accordance with the law is overly complicated and unnecessarily restricting. Convinced that they have the final say in everything, they are totally oblivious to the existence of the law, and are bent on overriding it with their authority at every turn. Not until this state of affairs is addressed will we stand a chance of genuinely realizing the rule of law. It is therefore imperative that we gain a hold of the “critical minority” constituted by leading officials. First of all, we need to make sure that they have the right mindset. We must enable officials at all levels to understand that upholding the authority of the Constitution and law means upholding the authority of the common will of the CPC and the people; that safeguarding the inviolability of the Constitution and law means safeguarding the inviolability of the common will of the CPC and the people; and that guaranteeing the enforcement of the Constitution and law means guaranteeing the realization of the common will of the CPC and the people.

我们必须认认真真讲法治、老老实实抓法治。各级领导干部要对法律怀有敬畏之心,带头依法办事,带头遵守法律,不断提高运用法治思维和法治方式深化改革、推动发展、化解矛盾、维护稳定能力。如果在抓法治建设上喊口号、练虚功、摆花架,只是叶公好龙,并不真抓实干,短时间内可能看不出什么大的危害,一旦问题到了积重难返的地步,后果就是灾难性的。对各级领导干部,不管什么人,不管涉及谁,只要违反法律就要依法追究责任,绝不允许出现执法和司法的“空挡”。要把法治建设成效作为衡量各级领导班子和领导干部工作实绩重要内容,把能不能遵守法律、依法办事作为考察干部重要依据。

It is essential that we are earnest in our efforts to promote and enforce the rule of law. Leading officials at all levels must have reverence for the law, lead the way in conducting affairs in accordance with the law, and set a good example in observing the law. They must strive to become more adept at using law-based thinking and approaches to deepen the reform, promote development, resolve conflicts, and maintain stability. In the short term, it might not appear harmful to simply shout out slogans, put on appearances, and feign support as opposed to taking real action. But the moment problems grow beyond our ability to deal with them, the consequences of our inaction will be catastrophic. Therefore, no matter who they are or who is involved, officials who break the law must be held legally accountable for their actions. Under no circumstances can we tolerate the existence of a “neutral gear” in our law enforcement and judicial practice. We need to identify progress in law-based governance as an important criterion in the performance appraisals of leading bodies and officials at all levels. At the same time, we need to make compliance with the law and conducting affairs in accordance with the law an important area of consideration in the performance assessment of individual officials.

第四,必须坚持依法治国和以德治国相结合。

Fourth, we must persist in a joint commitment to rule of law and rule of virtue.

法律是成文的道德,道德是内心的法律,法律和道德都具有规范社会行为、维护社会秩序的作用。治理国家、治理社会必须一手抓法治、一手抓德治,既重视发挥法律的规范作用,又重视发挥道德的教化作用,实现法律和道德相辅相成、法治和德治相得益彰。

Laws are moral values that have been carved into stone, while moral values are laws that we follow in our hearts. Both laws and moral values possess the power to regulate social behavior and preserve social order. Therefore, in running our country and society, we need to lay emphasis on both the rule of law and the rule of virtue, not only highlighting the normative function of law, but also valuing the educational function of virtue, so that law and virtue promote each other and rule of law and rule of virtue reinforce each other.

发挥好法律的规范作用,必须以法治体现道德理念、强化法律对道德建设的促进作用。一方面,道德是法律的基础,只有那些合乎道德、具有深厚道德基础的法律才能为更多人所自觉遵行。另一方面,法律是道德的保障,可以通过强制性规范人们行为、惩罚违法行为来引领道德风尚。要注意把一些基本道德规范转化为法律规范,使法律法规更多体现道德理念和人文关怀,通过法律的强制力来强化道德作用、确保道德底线,推动全社会道德素质提升。

To effectively exert the normative function of the law, we must ensure that the rule of law gives expression to moral values and that the law better promotes the cultivation of morality. Moral values constitute the foundation of the law. This means that only laws that conform to moral values and have deep moral foundations will be consciously observed by the majority of the people. The law, on the other hand, serves to safeguard moral values. This means that good civic morality can be fostered through the compulsory regulation of people’s behavior and the punishment of those who break the law. We need to pay more attention to turning basic moral values and conventions into laws and regulations, ensuring that our laws and regulations are more representative of moral values and humanistic spirit. At the same time, we need to draw upon the mandatory force of the law to reinforce morals and ensure the basic moral standards, so as to enhance the overall moral fabric of our society.

发挥好道德的教化作用,必须以道德滋养法治精神、强化道德对法治文化的支撑作用。再多再好的法律,必须转化为人们内心自觉才能真正为人们所遵行。“不知耻者,无所不为。”没有道德滋养,法治文化就缺乏源头活水,法律实施就缺乏坚实社会基础。在推进依法治国过程中,必须大力弘扬社会主义核心价值观,弘扬中华传统美德,培育社会公德、职业道德、家庭美德、个人品德,提高全民族思想道德水平,为依法治国创造良好人文环境。

To effectively exert the educational function of virtue, we must draw on virtue as a means of nurturing the rule of law and strengthen the role of morality as a pillar of rule of law culture. No matter how many laws we make, or how good those laws are, people will only genuinely abide by them once they have become ingrained in their subconscious. As the saying goes, “A person without shame knows no limits.” Without the nutrition that virtue provides, rule of law culture will have nothing to sustain it, and we will lack a solid social foundation on which to enforce our laws. As we advance the rule of law in China, it is imperative that we vigorously promote our core socialist values; carry forward traditional Chinese virtues; and cultivate social morality, professional ethics, family values, and the moral integrity of individuals. By raising the moral integrity of our people as a whole, we will create a favorable humanistic environment to underpin the rule of law in China.

第五,必须坚持从中国实际出发。

Fifth, we must proceed from China’s specific situation.

走什么样的法治道路、建设什么样的法治体系,是由一个国家的基本国情决定的。“为国也,观俗立法则治,察国事本则宜。不观时俗,不察国本,则其法立而民乱,事剧而功寡。”全面推进依法治国,必须从我国实际出发,同推进国家治理体系和治理能力现代化相适应,既不能罔顾国情、超越阶段,也不能因循守旧、墨守成规。

The way a country approaches the rule of law and the kind of rule of law system it builds is determined by that country’s national conditions. In the Book of Lord Shang it is written: “In governing a country, a wise ruler establishes laws through observing popular customs, thus bringing order. He understands the fundamentals of the land he rules, thus implementing appropriate policies. Where the customs of the times are ignored and the fundamentals of the land neglected, the people will descend into disorder even when laws are made. And he may be kept busy but will achieve little.” The effort to comprehensively advance the rule of law must, therefore, be carried out on the basis of China’s realities and in line with our push to modernize the country’s governance system and governance capacity. In this effort, we can neither afford to disregard our country’s national conditions and race ahead of ourselves, nor can we afford to simply stick to old ways and guard old conventions.

坚持从实际出发,就是要突出中国特色、实践特色、时代特色。要总结和运用党领导人民实行法治的成功经验,围绕社会主义法治建设重大理论和实践问题,不断丰富和发展符合中国实际、具有中国特色、体现社会发展规律的社会主义法治理论,为依法治国提供理论指导和学理支撑。我们的先人们早就开始探索如何驾驭人类自身这个重大课题,春秋战国时期就有了自成体系的成文法典,汉唐时期形成了比较完备的法典。我国古代法制蕴含着十分丰富的智慧和资源,中华法系在世界几大法系中独树一帜。要注意研究我国古代法制传统和成败得失,挖掘和传承中华法律文化精华,汲取营养、择善而用。

To proceed on the basis of our country’s realities, we need to give emphasis to what is especially Chinese, practical, and contemporary. We need to identify and apply successful practices that the CPC has developed during its efforts to lead the people in implementing the rule of law. With a view to addressing major theoretical and practical issues in the development of socialist rule of law, we must work constantly to develop and enrich a socialist rule of law theory that conforms to China’s realities, displays Chinese characteristics, and reflects the objective laws of social development, so as to underpin the rule of law in China with sound theoretical guidance and support. Long ago, our ancestors began to ponder the question of how human behavior could best be reined in. China’s first systematically compiled laws appeared as early as the Spring and Autumn and Warring States Periods (770-221 BC). In the years from the Han Dynasty to the Tang Dynasty (202 BC-AD 907), China succeeded in establishing what was essentially a fully-developed set of written laws. The legal system of ancient China embodied a huge wealth of knowledge and wisdom, allowing it to occupy a unique place among the major legal systems of the world. We need to take note of the successes and failures of China’s ancient legal traditions, identify, extract, and promote the very finest elements of China’s traditional legal culture, and selectively integrate these elements into our present initiatives.

坚持从我国实际出发,不等于关起门来搞法治。法治是人类文明的重要成果之一,法治的精髓和要旨对于各国国家治理和社会治理具有普遍意义,我们要学习借鉴世界上优秀的法治文明成果。但是,学习借鉴不等于是简单的拿来主义,必须坚持以我为主、为我所用,认真鉴别、合理吸收,不能搞“全盘西化”,不能搞“全面移植”,不能照搬照抄。

Proceeding on the basis of our country’s realities does not mean that we can develop the rule of law in isolation from the rest of the world. The rule of law is one of the most important accomplishments of human civilization. Its core essence and purpose have penetrating implications for the national and social governance of all countries in the world. We must, therefore, learn from the fine achievements of other countries in the development of the rule of law. However, learning from others does not amount to simply copying them. Putting our own needs first, we must carefully discern between the good and the bad and adopt the practices of others within reason. Under no circumstances can we engage in “all-out Westernization,” “complete transplant” of the systems of others, or copy from other countries indiscriminately.

扎扎实实把全会提出的各项任务落到实处

Ensuring completion of each of the tasks proposed at the plenary session

这次全会对全面推进依法治国作出了全面部署,提出的重大举措有180多项,涵盖了依法治国各个方面。全党要以只争朝夕的精神和善作善成的作风,扎扎实实把全会提出的各项任务落到实处。

At this plenary session, we have made overall plans for comprehensively advancing the rule of law in China. In total more than 180 important measures have been introduced, covering all aspects of the rule of law. Now, with a strong sense of urgency and a fine work ethic, the entire CPC must ensure sound completion of each of the tasks put forward at the session.

第一,紧紧围绕全面推进依法治国总目标,加快建设中国特色社会主义法治体系。

First, in keeping with our overall objective in comprehensively advancing the rule of law, we need to accelerate the establishment of a socialist rule of law system with Chinese characteristics.

全面推进依法治国总目标是建设中国特色社会主义法治体系,建设社会主义法治国家。这是贯穿决定全篇的一条主线,既明确了全面推进依法治国的性质和方向,又突出了全面推进依法治国的工作重点和总抓手,对全面推进依法治国具有纲举目张的意义。

The overall objective of our drive to advance the rule of law is to establish a socialist rule of law system with Chinese characteristics and establish China as a socialist country under the rule of law. This objective is a constant theme that runs throughout the resolution we have adopted at this plenary session. It not only defines the nature and orientation of our push to comprehensively advance the rule of law, but also highlights the key priorities and the focus in this initiative. This objective can therefore be regarded as an overall guideline of China’s efforts to advance the rule of law.

依法治国各项工作都要围绕全面推进总目标来部署、来展开。法治体系是国家治理体系的骨干工程。落实全会部署,必须加快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。

All initiatives to advance the rule of law must be planned and carried out in the interests of furthering our overall objective. The rule of law system that we are building constitutes a core component of our national governance system. With a view to implementing the measures adopted at this plenary session, we must step up our efforts to establish a complete system of laws, a highly effective system for realizing the rule of law, a stringent system to oversee the practice of the rule of law, a robust system to guarantee the rule of law, and a well-defined system of rules and regulations within the CPC.

“立善法于天下,则天下治;立善法于一国,则一国治。”要坚持立法先行,坚持立改废释并举,加快完善法律、行政法规、地方性法规体系,完善包括市民公约、乡规民约、行业规章、团体章程在内的社会规范体系,为全面推进依法治国提供基本遵循。要加快建设包括宪法实施和执法、司法、守法等方面的体制机制,坚持依法行政和公正司法,确保宪法法律全面有效实施。要加强党内监督、人大监督、民主监督、行政监督、司法监督、审计监督、社会监督、舆论监督,努力形成科学有效的权力运行和监督体系,增强监督合力和实效。

The Song Dynasty statesman Wang Anshi once wrote, “When the law of the land is good, there will be order in the land; when the laws of the state are good, there will be order in the state.” Following this spirit, we need to ensure that legislation precedes reform; maintain a systematic approach to the establishment, revision, abolition, and interpretation of laws; work faster to improve laws, administrative regulations, and local regulations; and further refine a framework of social norms that comprises resident codes of conduct, industry rules and regulations, and charters of organizations. This will enable us to lay down the basic foundation for advancing the rule of law. We must accelerate the building of systems and mechanisms involving the implementation of the Constitution, law enforcement, judicial practice, and law abidance; maintain a commitment to law-based government administration and judicial impartiality; and ensure that the Constitution and law are enforced fully and effectively. At the same time, we need to enhance various forms of oversight, including CPC’s internal oversight, oversight by people’s congresses, democratic oversight, administrative oversight, judicial oversight, oversight through auditing, public oversight, and media oversight; strive to establish an effective framework of measures to constrain and oversee the exercise of power; and increase the synergy and effectiveness of oversight.

要完善党内法规制定体制机制,注重党内法规同国家法律的衔接和协调,构建以党章为根本、若干配套党内法规为支撑的党内法规制度体系,提高党内法规执行力。党章等党规对党员的要求比法律要求更高,党员不仅要严格遵守法律法规,而且要严格遵守党章等党规,对自己提出更高要求。

We also need to improve systems and mechanisms for the formation of internal Party regulations. Laying greater emphasis on coordinating Party regulations with national laws, we need to establish a framework of Party regulations and provisions that takes its basis in the Constitution of the CPC and consists of various Party regulations, so as to enhance our capacity to enforce the internal regulations of the Party. The Constitution of the CPC and other Party regulations ask more of Party members than ordinary laws do. Party members are not only required to strictly abide by China’s laws and regulations, but are also required to strictly observe the Constitution and regulations of the CPC, expecting more of themselves than ordinary people

第二,准确把握全面推进依法治国工作布局,坚持依法治国、依法执政、依法行政共同推进,坚持法治国家、法治政府、法治社会一体建设。

Second, in keeping with our overall plan for comprehensively advancing the rule of law, we need to simultaneously promote the law-based governance of the country, the law-based exercise of state power, and the law-based administration of government; and adopt an integrated approach to establishing a law-based country, government, and society.

全面推进依法治国是一项庞大的系统工程,必须统筹兼顾、把握重点、整体谋划,在共同推进上着力,在一体建设上用劲。

The comprehensive advancement of the rule of law in China represents a systematic undertaking of monumental proportions. In carrying out this undertaking, therefore, we must take various factors into consideration, maintain a solid grasp of our priorities, and formulate integrated plans. We must focus our energy on moving initiatives forward in a coordinated fashion, and devote our efforts to achieving the integrated development of a law-based country, government, and society.

“天下之事,不难于立法,而难于法之必行。”依法治国是我国宪法确定的治理国家的基本方略,而能不能做到依法治国,关键在于党能不能坚持依法执政,各级政府能不能依法行政。我们要增强依法执政意识,坚持以法治的理念、法治的体制、法治的程序开展工作,改进党的领导方式和执政方式,推进依法执政制度化、规范化、程序化。执法是行政机关履行政府职能、管理经济社会事务的主要方式,各级政府必须依法全面履行职能,坚持法定职责必须为、法无授权不可为,健全依法决策机制,完善执法程序,严格执法责任,做到严格规范公正文明执法。

It has been said that the greatest challenge for a country lies not in making laws, but in putting those laws into effect. The rule of law is enshrined in China’s Constitution as the fundamental principle of the country’s national governance. However, whether or not the rule of law can be realized in practice depends crucially on whether the CPC can maintain its commitment to law-based governance and whether government authorities at all levels can administer in accordance with the law. It is therefore necessary that we become more aware of governing in accordance with the law; remain committed to working in line with law-based ideas, systems, and procedures; improve the way the CPC leads and exercises power; and advance law-based governance on the basis of clearly defined systems, standards, and procedures. The enforcement of law represents the primary means by which administrative agencies carry out governmental functions and administer economic and social affairs. Governments at all levels are required to carry out their functions in full and in accordance with the law, performing the functions that have been prescribed by law while refraining from acting where the law has not authorized them to act. They must improve mechanisms for law-based decision making; refine law enforcement procedures; strictly define responsibilities in law enforcement; and strive to ensure that law enforcement is carried out in a strict, standardized, impartial, and civil manner.

法治国家、法治政府、法治社会三者各有侧重、相辅相成。全面推进依法治国需要全社会共同参与,需要全社会法治观念增强,必须在全社会弘扬社会主义法治精神,建设社会主义法治文化。要在全社会树立法律权威,使人民认识到法律既是保障自身权利的有力武器,也是必须遵守的行为规范,培育社会成员办事依法、遇事找法、解决问题靠法的良好环境,自觉抵制违法行为,自觉维护法治权威。

The law-based country, government, and society each have their own areas of focus, which allows them to exert a mutually reinforcing effect on one another. The comprehensive advancement of rule of law requires the involvement of all sectors of society. It requires that we foster a stronger overall awareness of the rule of law, spread the spirit of socialist rule of law throughout our society, and build a culture of socialist rule of law. Through efforts to firmly establish the authority of the law throughout our society, we must ensure that the people realize that the law is not only a powerful tool for the protection of their rights, but also a behavioral standard that must be observed. We need to foster a sound social atmosphere in which members of society conduct their business according to the law, turn to the law when they require assistance, and rely on the law to solve their problems. This way, people will consciously choose not to break the law, and consciously uphold the authority of the rule of law.

第三,准确把握全面推进依法治国重点任务,着力推进科学立法、严格执法、公正司法、全民守法。

 Third, with an accurate grasp of our priorities in comprehensively advancing the rule of law, we must ensure that legislation is introduced through well-conceived procedures, that law is enforced strictly, that justice is administered impartially, and that the law is observed by all.

全面推进依法治国,必须从目前法治工作基本格局出发,突出重点任务,扎实有序推进。

推进科学立法,关键是完善立法体制,深入推进科学立法、民主立法,抓住提高立法质量这个关键。要优化立法职权配置,发挥人大及其常委会在立法工作中的主导作用,健全立法起草、论证、协调、审议机制,完善法律草案表决程序,增强法律法规的及时性、系统性、针对性、有效性,提高法律法规的可执行性、可操作性。要明确立法权力边界,从体制机制和工作程序上有效防止部门利益和地方保护主义法律化。要加强重点领域立法,及时反映党和国家事业发展要求、人民群众关切期待,对涉及全面深化改革、推动经济发展、完善社会治理、保障人民生活、维护国家安全的法律抓紧制订、及时修改。

In comprehensively advancing the rule of law in China, it is essential that we build on our existing efforts, highlight priority tasks, and forward our initiatives in a steady and well-calculated fashion. To ensure that legislation is introduced through well-conceived procedures, we must improve the legislative system, advance the formulation of legislation by effective and democratic means, and focus on improving the quality of legislation. We need to improve the allocation of legislative functions and powers; give full play to the central role of the National People’s Congress (NPC) and its Standing Committee in legislation; enhance mechanisms for drafting, evaluating, coordinating, and deliberating legislation; improve procedures for voting on bills; make our legislation more responsive, systematic, targeted, and effective; and make laws and regulations more enforceable and operable. We need to clearly define the boundaries of legislative power, and employ systems, mechanisms, and procedures to prevent the enactment of laws that protect departmental interests or encourage local protectionism. At the same time, we need to step up legislation in priority areas; promptly reflect in our law-making activities the needs that must be met to further the causes of the CPC and country and the concerns and expectations of the public; and waste no time in formulating and amending laws pertaining to comprehensively deepening the reform, promoting economic growth, improving social governance, ensuring the public wellbeing, and safeguarding national security.

推进严格执法,重点是解决执法不规范、不严格、不透明、不文明以及不作为、乱作为等突出问题。要以建设法治政府为目标,建立行政机关内部重大决策合法性审查机制,积极推行政府法律顾问制度,推进机构、职能、权限、程序、责任法定化,推进各级政府事权规范化、法律化。要全面推进政务公开,强化对行政权力的制约和监督,建立权责统一、权威高效的依法行政体制。要严格执法资质、完善执法程序,建立健全行政裁量权基准制度,确保法律公正、有效实施。

To ensure that law is enforced strictly, we need to focus our efforts on dealing with prominent issues in the enforcement of laws such as failure to enforce the law in a standardized, strict, transparent, and civil manner as well as nonfeasance and malfeasance in law enforcement activities. In line with our goal of establishing a law-based government, we need to establish internal mechanisms in administrative agencies for legal compliance review of major decisions; introduce a government legal counsel system; codify governmental institutions, functions, powers, procedures, and responsibilities into law; and promote the procedure- and law-based exercise of power by governments at all levels. We need to comprehensively promote transparent government; strengthen constraints on administrative powers and oversight over their exercise; and put in place a system of law-based government administration that balances powers with responsibilities and that is both authoritative and effective. At the same time, we need to impose strict requirements on credentials in law enforcement, make improvements to law enforcement procedures, and establish a set of benchmark standards for administrative discretion, thereby ensuring the impartial and effective enforcement of the law.

推进公正司法,要以优化司法职权配置为重点,健全司法权力分工负责、相互配合、相互制约的制度安排。各级党组织和领导干部都要旗帜鲜明支持司法机关依法独立行使职权,绝不容许利用职权干预司法。“举直错诸枉,则民服;举枉错诸直,则民不服。”司法人员要刚正不阿,勇于担当,敢于依法排除来自司法机关内部和外部的干扰,坚守公正司法的底线。要坚持以公开促公正、树公信,构建开放、动态、透明、便民的阳光司法机制,杜绝暗箱操作,坚决遏制司法腐败。

To ensure that justice is administered impartially, we need to focus our efforts on improving the allocation of judicial functions and powers and establish a more developed system for the exercise of judicial power in which the division of powers is both complementary and mutually constraining. Party organizations and leading officials at all levels are required to show unequivocal support for the lawful and independent functioning of judicial bodies, and are under no circumstances permitted to intervene in the administration of justice. Confucius once said, “People will obey you if you promote righteous men and suppress evil men. And they will disobey you if you do the contrary.” Judicial personnel must be strong principled and brave enough to assume responsibility. They must have the courage to lawfully cast out interference originating both inside and outside judicial bodies, and stand their ground in defense of judicial impartiality. To achieve this, we must remain committed to furthering judicial impartiality and credibility through greater openness; establish a judiciary system that is open, dynamic, transparent, and accessible to the public; put an end to backroom dealings; and resolutely fight judicial corruption.

推进全民守法,必须着力增强全民法治观念。要坚持把全民普法和守法作为依法治国的长期基础性工作,采取有力措施加强法制宣传教育。要坚持法治教育从娃娃抓起,把法治教育纳入国民教育体系和精神文明创建内容,由易到难、循序渐进不断增强青少年的规则意识。要健全公民和组织守法信用记录,完善守法诚信褒奖机制和违法失信行为惩戒机制,形成守法光荣、违法可耻的社会氛围,使尊法守法成为全体人民共同追求和自觉行动。

To ensure that the law is observed by all, we must raise awareness of the rule of law among the general public. We must view efforts to promote universal understanding and observance of the law as long-term, foundation initiatives for implementing the rule of law, and take highly effective measures to strengthen publicity and educational initiatives concerning our legal system. We must remain committed to teaching the rule of law to children from a young age; integrate the rule of law into our national education syllabus; incorporate education on the rule of law into our initiatives for cultural and ethical progress; and constantly enhance the awareness of rules among young people, starting out with simple requirements before moving on progressively to more difficult ones. At the same time, we need to keep adequate credit records regarding citizens and organizations’ compliance with the law; refine mechanisms to reward people for good faith when they abide by the law and punish them for bad faith when they break it; and create a social atmosphere in which people feel that it is honorable to abide by the law and disgraceful to break it, so that all people show respect for the law and act consciously to observe it.

第四,着力加强法治工作队伍建设。全面推进依法治国,建设一支德才兼备的高素质法治队伍至关重要。

Fourth, we need to channel our efforts into building a strong contingent of personnel for enforcing the rule of law.

我国专门的法治队伍主要包括在人大和政府从事立法工作的人员,在行政机关从事执法工作的人员,在司法机关从事司法工作的人员。全面推进依法治国,首先要把这几支队伍建设好。

In comprehensively advancing the rule of law, it is of critical importance that we establish a highly skilled contingent of specialist personnel that boasts strong moral integrity and high professional competence. In China, specialist personnel for the enforcement of rule of law are made up mainly of personnel from people’s congresses and the government who are involved in formulation of laws and regulations; personnel from administrative agencies who are involved in law enforcement; and personnel from judicial bodies who are involved in the administration of justice. As we proceed to comprehensively advance the rule of law, the building of these contingents should be given priority.

立法、执法、司法这3支队伍既有共性又有个性,都十分重要。立法是为国家定规矩、为社会定方圆的神圣工作,立法人员必须具有很高的思想政治素质,具备遵循规律、发扬民主、加强协调、凝聚共识的能力。执法是把纸面上的法律变为现实生活中活的法律的关键环节,执法人员必须忠于法律、捍卫法律,严格执法、敢于担当。司法是社会公平正义的最后一道防线,司法人员必须信仰法律、坚守法治,端稳天平、握牢法槌,铁面无私、秉公司法。要按照政治过硬、业务过硬、责任过硬、纪律过硬、作风过硬的要求,教育和引导立法、执法、司法工作者牢固树立社会主义法治理念,恪守职业道德,做到忠于党、忠于国家、忠于人民、忠于法律。

Legislative, law enforcement, and judicial personnel have both similarities and differences. Each has an extremely important role to play. Legislation is a sacred task that aims to lay down the rules of our country and society. Those involved in legislative work must have a strong sense of political integrity. They must possess the ability to respect objective laws, promote democracy, coordinate more effectively with others, and build consensus. Law enforcement is a crucial process of bringing laws off the page and into the real world. Law enforcement personnel must be loyal to the law and must safeguard the law. With the courage to take responsibility, they must strive to enforce the law strictly. The judiciary is the last line of defense against violations of social equity and justice. Those working in the judiciary must believe in the law and uphold the rule of law. They must keep the scales in balance, hold the gavel firmly in their own hands, and exercise the law justly and impartially. In line with the requirement that our legislative, law enforcement, and judicial personnel are politically solid, professionally competent, highly accountable, and strongly disciplined in their conduct, we must urge our legislative, law enforcement, and judicial personnel to firmly embrace socialist rule of law and strictly observe professional ethics, ensuring that they are loyal to the CPC, the country, the people, and the law.

律师队伍是依法治国的一支重要力量,要大力加强律师队伍思想政治建设,把拥护中国共产党领导、拥护社会主义法治作为律师从业的基本要求。

Lawyers constitute an important force in instituting the rule of law. We must devote major efforts to enhancing the political integrity of lawyers, and identify upholding the leadership of the CPC and upholding socialist rule of law as essential requirements for entry into the legal profession.

第五,坚定不移推进法治领域改革,坚决破除束缚全面推进依法治国的体制机制障碍。

Fifth, we must resolutely advance reform in the domain of law-based governance, tearing down institutional obstacles that are preventing us from comprehensively advancing the rule of law.

解决法治领域的突出问题,根本途径在于改革。如果完全停留在旧的体制机制框架内,用老办法应对新情况新问题,或者用零敲碎打的方式来修修补补,是解决不了大问题的。在决定起草时我就说过,如果做了一个不痛不痒的决定,那还不如不做。全会决定必须直面问题、聚焦问题,针对法治领域广大干部群众反映强烈的问题,回应社会各方面关切。

The fundamental solution to problems in the domain of law-based governance is reform. There is no way we will be able to solve major problems if we insist on operating completely within the framework of old systems and mechanisms, if we greet new circumstances and issues with old practices, or if we simply make piecemeal changes here and there. When the resolution of this plenary session was being drafted, I said that it would be better to have no resolution at all than have one with no teeth. I said that the resolution would have to face problems directly and focus on them. It would have to address issues of major concern to officials and the public in the area of law-based governance, and respond to the various concerns of society.

这次全会研究和部署全面推进依法治国,虽然不像三中全会那样涉及方方面面,但也不可避免涉及改革发展稳定、内政外交国防、治党治国治军等各个领域,涉及面、覆盖面都不小。这次全会提出了180多项重要改革举措,许多都是涉及利益关系和权力格局调整的“硬骨头”。凡是这次写进决定的改革举措,都是我们看准了的事情,都是必须改的。这就需要我们拿出自我革新的勇气,一个一个问题解决,一项一项抓好落实。

At this plenary session we have studied and laid out plans for comprehensively advancing the rule of law in China. While its scope may not be as far ranging as that of the Third Plenary Session last year, this session will nevertheless have a wide-ranging impact on our reform, development, and stability, on our domestic affairs, foreign affairs, and national defense, and on our governance of the Party, the state, and the armed forces. In this sense, its implications and scope are by no means small. At this plenary session we have introduced more than 180 major reform measures. Many of these reforms will be hard to grapple with, as they involve changes to the distribution of interests and power. But every reform that has been written into the resolution represents something that we have set our sights on, and that must be seen through. We must therefore have the courage to bring change to ourselves, solving one problem at a time and putting reforms into effect one after another.

法治领域改革涉及的主要是公检法司等国家政权机关和强力部门,社会关注度高,改革难度大,更需要自我革新的胸襟。如果心中只有自己的“一亩三分地”,拘泥于部门权限和利益,甚至在一些具体问题上讨价还价,必然是磕磕绊绊、难有作为。改革哪有不触动现有职能、权限、利益的?需要触动的就要敢于触动,各方面都要服从大局。各部门各方面一定要增强大局意识,自觉在大局下思考、在大局下行动,跳出部门框框,做到相互支持、相互配合。要把解决了多少实际问题、人民群众对问题解决的满意度作为评价改革成效的标准。只要有利于提高党的执政能力、巩固党的执政地位,有利于维护宪法和法律的权威,有利于维护人民权益、维护公平正义、维护国家安全稳定,不管遇到什么阻力和干扰,都要坚定不移向前推进,决不能避重就轻、拣易怕难、互相推诿、久拖不决。

Reform in the realm of law-based governance primarily involves organs of state power and power-welding departments, such as public security organs, prosecuting bodies, courts, and other judicial bodies. The considerable public attention our reforms have attracted, coupled with the high difficulty of their implementation, means that we need to show even greater broad-mindedness in bringing change to ourselves. If we limit ourselves to our own little world, dwelling on the powers and interests of our departments, and even haggling over this and that, the result will surely be fumbling progress with little or nothing essential to achieve. After all, what kind of reform does not challenge existing roles, powers, and interests? We must have the courage to challenge what needs to be challenged, and all involved must bear the bigger picture in mind. It is imperative that departments and interested parties foster a stronger awareness of the bigger picture, consciously think and act in line with the bigger picture, free themselves from a closed departmental mentality, and support each other in their initiatives. The criteria for gauging the effectiveness of reform must be the amount of actual problems we solve and level of public satisfaction we receive from solving those problems. Regardless of what kind of obstruction or interference we come up against, we must resolutely press ahead with any reform measure that is conducive to raising the CPC’s capacity to govern, to bolstering its position as governing party, to safeguarding the authority of the Constitution and law, to safeguarding the rights and interests of the people, to upholding equity and justice, and to preserving national security and stability. Under no circumstances can we avoid the important and dwell on the trivial, shirk our responsibilities, or drag our feet indecisively.

法治领域改革有一个特点,就是很多问题都涉及法律规定。改革要于法有据,但也不能因为现行法律规定就不敢越雷池一步,那是无法推进改革的,正所谓“苟利于民不必法古,苟周于事不必循旧”。需要推进的改革,将来可以先修改法律规定再推进。对涉及改革的事项,中央全面深化改革领导小组要认真研究和督办。

A feature of reform in the domain of law-based governance is the fact that many issues involve legal provisions. It is true that reform must have basis in law. But we cannot lack the courage to step beyond the limits just because such action is not provided for in our existing laws. If that were the case, reform would be unable to continue. Hence the old saying, “If it is good for the people, there is no need to follow the practices of antiquity; if it serves the matter at hand, there is no need to observe the conventions of old.” Therefore, where reform is required in the future, we will be able to make the necessary amendments to our existing laws before proceeding. The Central Leading Group for Comprehensively Deepening the Reform will be required to carefully study and oversee matters pertaining to reform.

同志们,全面推进依法治国是一个系统工程,是国家治理领域一场广泛而深刻的革命,必须加强党对法治工作的组织领导。各级党委要健全党领导依法治国的制度和工作机制,履行对本地区本部门法治工作的领导责任,找准工作着力点,抓紧制定贯彻落实全会精神的具体意见和实施方案。要把全面推进依法治国的工作重点放在基层,发挥基层党组织在全面推进依法治国中的战斗堡垒作用,加强基层法治机构和法治队伍建设,教育引导基层广大党员、干部增强法治观念、提高依法办事能力,努力把全会提出的各项工作和举措落实到基层。

Dear colleagues, the comprehensive advancement of the rule of law is a systematic undertaking and a profound and far-reaching revolution in the governance of our country. It is imperative that we strengthen the CPC’s leadership over initiatives pertaining to the rule of law. On the one hand, Party committees at all levels must improve the systems and mechanisms by which the CPC exercises guidance over law-based governance, and assume leadership responsibilities in the implementation of rule of law in your respective regions and departments. Once you have clearly identified the priorities, you must quickly formulate detailed guidelines and plans for putting the guiding principles of this plenary session into effect. On the other hand, we must place the focus of our efforts to comprehensively advance the rule of law at the community level. We need to make full use of the primary role of community-level Party committees in advancing the rule of law; enhance the competence of community-level organizations and personnel in carrying out the rule of law; guide community-level Party members and officials in strengthening their awareness of the rule of law and raising their ability to act in accordance with the law; and work hard to put the various tasks and measures proposed by the plenary session into effect at the community level.

(这是习近平同志2014年10月23日在党的十八届四中全会第二次全体会议上的讲话的第二部分和第三部分。)

(This is part of a speech delivered at the Fourth Plenary Session of the Eighteenth CPC Central Committee on October 23, 2014.)

转贴于:24EN.COM

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