4. Xi on China’s constitution

Article signed by Xi Jinping:

Writing a new chapter in China’s constitutional practice in the New Era

Commemorating the 40th anniversary of the promulgation and implementation of the current Constitution

Xinhua News Agency, Beijing, 19 December 2022

Xi Jinping

This year marks the 40th anniversary of the promulgation and implementation of the current Constitution of our country. Over the past 40 years, the current Constitution has vigorously promoted and strengthened the construction of the socialist rule of law, and effectively promoted and guaranteed the development of the cause of the Party and the country. We must take the opportunity of commemorating the 40th anniversary of the promulgation and implementation of the current Constitution to implement the spirit of the 20th National Congress of the Communist Party of China, strengthen awareness of the Constitution, carry forward the spirit of the Constitution, promote the implementation of the Constitution, and give better play to the important role of the Constitution in governing the country. It provides a solid guarantee for building a socialist modernized country and comprehensively advancing the great rejuvenation of the Chinese nation.

The formulation and implementation of the Constitution is a symbol of the progress of human civilization and an important support for the modernization of human society. Since modern times, the Chinese people have struggled to find a way to change the future and destiny of the Chinese nation. Some political forces tried to improve our country’s feudal autocratic system in accordance with the Western political system model, but they all failed. After the Communist Party of China stepped onto the stage of Chinese history, through arduous exploration and practice, it successfully formulated and implemented a constitution with a distinctive socialist nature and a people’s constitution in the true sense on the land of our country. It is groundbreaking and has contributed Chinese wisdom and Chinese solutions to the progress of human civilization and rule of law.

The Constitution enacted by our Party under the leadership of the people has concentrated the wisdom of the people, embodies the common will of all the people, achieved a high degree of unity between the Party’s proposition and the will of the people, and overcomes all the shortcomings of the old constitution that only represented the will of a few people and served the interests of a few people. Therefore, it has been supported and followed by the vast majority of the people, and has significant advantages, a solid foundation, and strong vitality.

After the promulgation and implementation of our country’s current constitution in 1982, under the leadership of the Party Central Committee, the National People’s Congress made necessary and very important amendments to individual clauses and parts of the constitution five times. These amendments have played an important role in improving and developing our country’s constitution, promoting the construction of the socialist rule of law, and improving the Party’s ability to govern the country according to law.

Since the 18th National Congress of the Communist Party of China, our Party has attached great importance to the rule of law in an all-round way, positioned the rule of law, deployed the rule of law, and enforced the rule of law from a strategic perspective related to the long-term stability of the Party and the country. To promote and promote the construction of our country’s constitutional system and the implementation of the constitution to achieve historic achievements, we have successively made major decisions on comprehensively governing the country by law and revising certain contents of the Constitution, established the Central Committee for Comprehensively Governing the Country by Law, and improved the institutional arrangements for the Party to lead legislation, ensure law enforcement, support the judiciary, and take the lead in abiding by the law. Leadership is strengthened across the board. Actively promote the institutionalization and rule of law of the Party’s leadership, establish the guiding position of the socialist ideology with Chinese characteristics in the new era in the country’s political and social life in the constitutional amendment, and clarify that the leadership of the Communist Party of China is the most essential feature of socialism with Chinese characteristics. Constitutional guarantees of leadership are more robust. Efforts will be made to improve the socialist legal system with Chinese characteristics centered on the Constitution, and the legal system and mechanisms related to the Constitution will also be improved so that the implementation of the Constitution will be more effective. We have improved the constitutional supervision system, strengthened the constitutionality review, filing review system and capacity building, and the level of constitutional supervision has been steadily improved. The establishment of National Constitution Day, the establishment of the constitutional oath system and the extensive publicity and education of the constitution have greatly enhanced the awareness of the constitution and the concept of the rule of law in the whole society. In accordance with the Constitution and the Basic Law, the comprehensive governance of the Hong Kong Special Administrative Region has been effectively implemented, and the Law on Safeguarding National Security in the Hong Kong Special Administrative Region has been enacted and implemented.

Facts have shown that in the New Era, our country’s constitutional system construction and constitutional implementation supervision have achieved significant results in the past ten years. The constitutional awareness of the whole Party and society has been significantly improved, and the construction of the socialist rule of law has achieved fruitful results.

In the process of adhering to and developing socialism with Chinese characteristics in the New Era, our Party has summed up and applied historical experience, comprehensively implemented the Constitution and bravely promoted innovations in constitutional theory and constitutional practice.

First, we must uphold the leadership of the Communist Party of China. Our country’s constitution affirms the leading position of the Communist Party of our country, which is the most prominent feature of our country’s constitution and the fundamental guarantee for our country’s constitution to be fully implemented. Only the Chinese Communist Party can persist in building the Party for the public, governing for the people, fully promote democracy, lead the people to formulate a constitution that reflects the will of the people, lead the people to implement the constitution, and ensure the correct political direction of the development of our country’s constitution.

Second, we must insist that the people are the masters of the country. The most fundamental purpose of the Party leading the people in formulating and implementing the Constitution is to safeguard the interests of the people, reflect the wishes of the people, protect the rights and interests of the people, and improve the well-being of the people. Only by adhering to the organic unity of the Party’s leadership, the people being the masters of the country and ruling the country by law, developing the people’s democracy throughout the process, and applying the people-centered development concept throughout all aspects of legislation, law enforcement, judiciary and law following, and speeding up the improvement of embodying fair rights, equal opportunities and a legal system with rules and fairness, can it be ensured that citizens’ personal rights, property rights, personality rights and basic political rights are not violated, and that citizens’ economic, cultural, social and other rights are implemented in order to ensure that everyone is equal before the law.

Third, we must persist in governing the country and governing in accordance with the Constitution. Our country’s Constitution is the fundamental legal basis for our Party’s long-term governance. Only by persisting in governing the country according to the Constitution and governing according to the Constitution, unifying the Party’s overall control and coordination with the People’s Congress, the government, the CPPCC, supervisory organs, judicial organs and procuratorial organs to perform their functions and work in accordance with the law and regulations, and lead the people to formulate, and only by uniting the implementation of the Constitution and laws with the Party’s adherence to activities within the scope of the Constitution and laws, can the Party lead the people to effectively govern the country according to the law.

Fourth, we must uphold the status of the Constitution as the fundamental law of the country. The Constitution embodies the unified will and common aspirations of the Party and the people, and is the highest form of expression of the will of the state, which is fundamental, overall, stable and long-term. The Constitution stipulates the country’s major systems and major issues, and it is comprehensive, principled, programmatic, and directional in national and social life. The Constitution is the general basis and source of all national laws and regulations, and has the highest legal status, legal authority and legal effect. Only by adhering to the status of the Constitution as the fundamental law of the country, and resolutely safeguarding and implementing the provisions, principles, and spirit of the Constitution, can we guarantee the unity of the country, the legal system, and government orders.

Fifth, we must adhere to the institutionalization and legalization of constitutional implementation and supervision. The life of the constitution lies in its implementation, and the authority of the constitution also lies in its implementation. We must ensure the implementation of the Constitution with a scientific, effective, systematic and complete system of regulations and laws, form a complete system of legal norms, an efficient system for implementing the rule of law, a strict system for monitoring the rule of law, and a powerful system for guaranteeing the rule of law, and form a complete system of intra-Party laws and regulations to strengthen the Constitution. Supervision can ensure that the modernization of the national governance system and governance capabilities is promoted on the track of the rule of law, and the building of a modern socialist country.

Sixth, we must uphold the authority and dignity of the Constitution. To safeguard the authority of the Constitution is to safeguard the authority of the common will of the Party and the people; to defend the dignity of the Constitution is to defend the dignity of the common will of the Party and the people; to ensure the implementation of the Constitution is to ensure the realization of the fundamental interests of the people. The people of all nationalities, all state organs and armed forces, all political parties and social groups, and all enterprises and institutions must take the Constitution as the fundamental principle of their activities and have the responsibility to uphold the dignity of the Constitution and ensure its implementation. No organization or individual shall have the privilege of going beyond the Constitution and laws, and all violations of the Constitution and laws must be investigated.

Seventh, we must persist in advancing with the times to improve and develop the Constitution. As a superstructure, the constitution must adapt to changes in the economic foundation, reflect the historical progress of the cause of the Party and the people, and continue to improve and develop as the Party leads the people to build socialism with Chinese characteristics. Only by closely following the requirements of the times and the wishes of the people, following the rules of the rule of law and the premise of maintaining the continuity, stability, and authority of the Constitution, can the Constitution be continuously adapted to new situations, absorb new experiences, confirm new achievements, formulate new norms and so can be preserved forever alive and well.

The 20th National Congress of the Communist Party of China made a comprehensive deployment for the development of the Party and the country in the New Era and on the new journey, emphasizing that the important role of the Constitution in governing the country should be better played, and the role of the rule of law as a guarantee for solid foundation, stable expectations and long-term benefits should be better played. Build a modern socialist country in an all-round way on the track of the rule of law. We must implement the spirit of the 20th National Congress of the Communist Party of China, unswervingly follow the path of socialist rule of law with Chinese characteristics, enhance constitutional awareness, strengthen constitutional implementation, fulfill constitutional missions, and write a new chapter in the practice of China’s constitution in the new era.

First, uphold and strengthen the Party’s overall leadership over constitutional work, and better leverage the significant advantages and important role of our country’s constitutional system. Our country’s Constitution is the inevitable result of the historical logic, theoretical logic, and practical logic of our Party leading the people’s long-term struggle. Without the leadership of the Communist Party of China, it is impossible to guarantee the full implementation and effective implementation of the Constitution of our country.

It is necessary to uphold and strengthen the Party’s overall leadership over the constitutional work, ensure the correct political direction of the development of our country’s constitution, ensure that our country’s constitution is fully implemented and effectively implemented, and make better use of the constitution to uphold the leadership of the Communist Party of China, ensure that the people are the masters of the country, and promote reform and opening up It plays an important role in promoting the construction of a socialist country under the rule of law, promoting the comprehensive development of human rights, and maintaining national unity and social harmony and stability. We must strengthen our confidence in the political system, unswervingly follow the path of socialist political development with Chinese characteristics, uphold and improve the socialist system with Chinese characteristics, uphold the unshakable leadership of the Communist Party of China as established in the Constitution, and uphold the state system of the people’s democratic dictatorship and the people’s representatives as established in the Constitution The political system of the General Assembly system will not be shaken, and we will never copy the models and practices of other countries.

Second, implement the Constitution throughout the entire process of governing the country, and continuously improve the Party’s ability to govern the country and govern in accordance with the Constitution. The Constitution is the general charter for governing the country, the fundamental legal basis for our Party to govern the country, and the highest legal norm for the country’s political and social life. To improve the Party’s ability to govern the country and govern in accordance with the Constitution, the implementation of the Constitution must be implemented in all practices of coordinating and promoting the overall layout of the “Five in One” and the strategic layout of the “Four Comprehensives”, and implementing reform, development, stability, internal affairs, foreign affairs, and national defense to govern the Party, govern the country and run the military in all fields, and comprehensively promote the rule of law in all aspects of the country’s work.

The Party leads the people to formulate the constitution and laws, and the Party must first take the lead in respecting and implementing the constitution. We must be good at making the Party’s propositions become the will of the state through legal procedures, be good at making candidates recommended by the Party organizations become leaders of state power organs through legal procedures, be good at implementing the Party’s leadership over the country and society through state power organs, and support state power organs, administrative organs, supervisory organs, judicial organs, and procuratorial organs carry out their work independently and in a coordinated manner in accordance with the Constitution and the law. The implementation of the Constitution and laws must be implemented throughout the entire process of decision-making and policy implementation by Party committees at all levels, adhering to law-based decision-making and law-based policy implementation, keeping the bottom line of not contradicting the Constitution and laws, and ensuring that decision-making and policy implementation can stand the test of history and the people.

Third, accelerate the improvement of the socialist legal system with Chinese characteristics centered on the Constitution, and continuously enhance the comprehensiveness, systematization, and coordination of the legal norm system. Adhere to legislation according to the law, the most fundamental thing is to adhere to the law according to the Constitution, resolutely implement the provisions of the Constitution, the principles of the Constitution, and the spirit of the Constitution into legislation, and embody them in various laws and regulations. All laws, administrative regulations, and local regulations must not contravene the Constitution, and all laws and regulations that violate the provisions, principles, and spirit of the Constitution must be corrected.

It is necessary to improve the legislative system and mechanism, promote scientific legislation, democratic legislation, and law-based legislation, coordinate legislation, reform, abolition, interpretation, and codification, and enhance the systematicness, integrity, coordination, and timeliness of legislation. It is necessary to give full play to the central role of the Constitution in legislation, ensure that the Constitution is properly controlled in every legislative link and strive to make every piece of legislation conform to the spirit of the Constitution, reflect the authority of the Constitution and ensure the implementation of the Constitution. It is necessary to implement the responsibilities entrusted to the National People’s Congress and its Standing Committee by the Constitution, give full play to their leading role in legislative work, and expand the channels for the people to participate in legislation in an orderly manner. It is necessary to strengthen legislation in key areas, emerging areas, and foreign-related areas, improve the legal system that is urgently needed for national governance, meet the people’s growing needs for a better life, and maintain national security. We must adhere to the concept of system, comprehensively improve the system of laws, administrative regulations, military regulations, supervisory regulations, and local regulations, so as to make the legal system more scientific and complete, unified and authoritative, and maintain the unity of the country’s rule of law.

Fourth, improve the institutional system to ensure the full implementation of the Constitution, and continuously improve the level of implementation and supervision of the Constitution. To improve the institutional system that guarantees the full implementation of the Constitution, we must adhere to the full implementation of the provisions of the Constitution, the principles of the Constitution, and the spirit of the Constitution, adhere to the systematic advancement of the implementation of the Constitution, the interpretation of the Constitution, and the supervision of the Constitution, and coordinate the advancement of the legal norm system, the implementation system of the rule of law, the supervision system of the rule of law, and the guarantee of the rule of law. system and the construction of the Party’s internal legal system to ensure that the Constitution is fully, accurately and comprehensively implemented. It is necessary to improve the working mechanism for the direct implementation of the relevant provisions of the Constitution, and give full play to the important role of the Constitution in responding to major risks and challenges, implementing the “one country, two systems” policy, advancing the process of national reunification, and maintaining national security and social stability. It is necessary to improve the constitutional supervision system, promote the standardization and procedural construction of constitutional supervision, improve the ability and quality of constitutionality review and filing review, promote constitutionality review, implement the constitutional interpretation procedure mechanism, and actively respond to all aspects of society’s concerns about the constitution. problem concerns.

Fifth, strengthen constitutional theoretical research and publicity and education, and continuously enhance the persuasiveness and influence of Chinese constitutional theory and practice. The foundation of the Constitution lies in the people’s support from the heart, and the great power of the Constitution lies in the people’s sincere belief. We must adhere to the joint promotion of publicity, education, and research, persist in the popularization of knowledge, theoretical interpretation, and concept guidance, and promote the Constitution to be deeply rooted in the hearts of the people.

It is necessary to improve the structure of constitutional publicity and education work, deepen the educational functions of constitutional oath, constitution commemoration, national symbols and symbols, and promote the normalization and long-term effect of constitutional publicity and education. We must focus on the key minority of leading cadres, focus on key groups such as teenagers and netizens, focus on key carriers such as constitution commemoration, constitution oath, and construction of constitutional teaching materials, and focus on key positions such as schools, communities, and media, and continue to carry out in-depth publicity and education on the constitution. It is necessary to combine the contemporary Chinese constitutional system and constitutional practice, strengthen the study of Chinese constitutional theory, refine iconic concepts and original viewpoints, strengthen the construction of Chinese constitutional discipline system, academic system, and discourse system, and consolidate the guiding position of Chinese constitutional theory in our country’s legal education . We must tell the story of the Chinese Constitution well, have the confidence and ambition to publicize the remarkable advantages and strong vitality of China’s constitutional system and constitutional theory, and have the backbone and confidence to fight against all wrong words and deeds that distort, smear, and attack the Chinese Constitution.

Comrade Mao Zedong said when he led the formulation of the first constitution of New China: “We must now unite the people of the whole country, unite all forces that can and should be united, and strive to build a great socialist country. This constitution is written for this purpose.” We must fully implement the Constitution, promote the comprehensive rule of law, advance the construction of the rule of law in China, build a modern socialist country in an all-round way, achieve the second centenary goal, and comprehensively promote the great rejuvenation of the Chinese nation with Chinese-style modernization. Unity and struggle!