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Published:December 20,2022
Chinese President Xi Jinping has stressed writing a new chapter in the practice of China’s Constitution in the new era, as the country marks the 40th anniversary of the enactment of its current Constitution this year.
Efforts are needed to raise awareness of the Constitution, carry forward the spirit of the Constitution, promote the implementation of the Constitution, and better leverage its important role in state governance, said Xi, also general secretary of the Communist Party of China (CPC) Central Committee and chairman of the Central Military Commission, in a signed article published on Monday.
By doing so, a solid guarantee can be provided for building China into a modern socialist country in all respects and advancing the great rejuvenation of the Chinese nation on all fronts, said Xi.
The legislation and implementation of constitutions marks the progress of human civilization and underpins the modernization of the human society, Xi said.
The CPC, after arduous exploration and practice, has successfully formulated and implemented the Constitution with distinctive socialist characteristics, one that is truly of the people, in China. It breaks new ground in the history of the development of China’s constitutional laws and the world’s history of the constitutional system.
The CPC has led the people in formulating the Constitution, which overcomes the shortcoming of all previous constitutional laws that only represented the will of a handful of people and only served the interests of a small group of people, and thus is widely supported and observed by the general public.
After the current Constitution was enacted in 1982, the National People’s Congress conducted five amendments to some individual articles and contents, which were necessary and very important, Xi said.
Over the past 10 years in the new era since 2012, the development of China’s constitutional system and the oversight of the implementation of the Constitution had seen major progress, and the awareness of the Constitution among the whole Party and the society had been greatly enhanced, generating fruitful results in the advancement of socialist rule of law, he added.
In the signed article, Xi summarized the experience in advancing the implementation as well as the theoretical and practical innovation of the Constitution.
He stressed the imperative of upholding the leadership of the CPC, saying that this is the most marked feature of China’s Constitution and the fundamental guarantee for its full implementation.
Xi also stressed the importance of ensuring that the people run the country. The fundamental purpose of the Party leading the people in formulating and implementing the Constitution is to safeguard the people’s interests, reflect their will, protect their rights and interests, and improve their well-being, said the article.
“It is imperative that we stay committed to Constitution-based governance and Constitution-based exercise of state power,” said Xi, adding that the Constitution is the fundamental legal basis for the Party’s long-term governance.
Highlighting the position of the Constitution as China’s fundamental law, Xi said the Constitution enjoys supreme legal status, legal authority and legal validity in the country.
Xi stressed the need to ensure the implementation of the Constitution via sound, effective, systematic and complete institutions and regulations and better conduct constitutional oversight.
Xi also stressed the need to safeguard the sanctity and authority of the Constitution. No organization or individual is allowed to have the power to overstep the Constitution or the law. All acts in violation of the Constitution or the law must be dealt with, it said.
Xi urged improving and developing the Constitution with the times to ensure its long-lasting vigor and vitality.
The 20th CPC National Congress stressed the importance of better leveraging the important role of the Constitution in state governance and called for efforts to build a modern socialist country in all respects under the rule of law, he added.
Xi ordered that the Party’s overall leadership over the work related to the Constitution should be upheld and enhanced, stressing that without the leadership of the CPC the Constitution will not be fully and effectively enforced.
The leadership position of the CPC should not be wavered nor should the people’s democratic dictatorship as the state system and the people’s congress system as the system of state power, all of which are enshrined in China’s Constitution, he said.
The country will never copy the models or practices of other countries, he added.
The Constitution should be enforced in all aspects and the whole process of the country’s governance. The Party, which led the people in enacting the Constitution and laws, must first take the lead in honoring and implementing the Constitution, he said.
Party committees at all levels should ensure that the Constitution and laws are implemented throughout their decision and policy making. They should make decisions and implement policies in accordance with the law, and ensure that their decisions and policies are in line with the Constitution and the law as well as stand the test of history and the people, he said.
Xi stressed accelerated efforts to improve the socialist system of laws with Chinese characteristics, at the heart of which is the Constitution.
No law, administrative regulation or local regulation shall be in conflict with the Constitution, and all laws and regulations that violate the provisions, principles and spirit of the Constitution must be corrected, he noted.
Stressing the central role of the Constitution in legislation, Xi said the Constitution must be applied to every aspect of legislation to ensure every piece of legislation complies with the spirit of the Constitution, embodies its authority, and ensures its implementation.
Continuous efforts should be made to improve the implementation and oversight of the Constitution, Xi said, noting that its important role in responding to major risks and challenges, implementing the “one country, two systems” policy, advancing national reunification, and maintaining national security and social stability must be given full play.
Xi stressed the need to improve systems for overseeing enforcement of the Constitution, advance constitutionality review, and proactively respond to the concerns of various sectors of the society on issues related to the Constitution.
He demanded more efforts to enhance theoretical research and public awareness of the Constitution.
The underpinning of the Constitution is the people’s heartfelt support, and the power of the Constitution lies in the people’s sincere faith, he said.
Xi called for constant and thorough promotion and education on the Constitution among leading officials and key groups including youngsters and netizens.
He also underscored the importance of having courage and strength to fight any wrong words and actions that distort, smear and attack China’s Constitution.
Xi called for fully implementing the Constitution, advancing law-based governance on all fronts and the rule of law in China, and striving in unity to build China into a great modern socialist country in all respects.
