Bitter Winter publishes the translation of the August 11 five-year CCP legal blueprint. In one word, more Party control on economy and society.
by Hu Zimo
On August 11, 2021, the Central Committee of the CCP and the State Council jointly issued a new blueprint on applying Xi Jinping’s thought on the rule of law, as a main ideological tool, to government construction and law enforcement in the years 2021–2025. A previous similar document had been published in 2015 for the years 2015–2020.
The new texts ask all bureaucrats at all levels to “thoroughly study and implement Xi Jinping’s thoughts on the rule of law,” and firmly “adhere to Marxism-Leninism.” Beyond the usual slogans, this mean that the law serves the Party rather than vice versa.
Practically, this translates into a greatly enhanced control on all spheres of public life, including the Internet and religion. Section G asks to actively promote a “national,” i.e., “sinicized,” which means Party-controlled, religion.
The text has been widely read as a blueprint for more regulatory activity targeting large companies and businesses where risks that something may escape CCP’s strict control have been found, in the aftermath of the cases involving Alibaba, Didi, private tutoring, and video gaming.
While CCP spokespersons have tried to reassure foreign investors, what we are watching is a system where the Party control on all sectors of private and public life (including religion) becomes every day more suffocating.
The translation of the new blueprint follows.
Outline for the Implementation of the Rule of Law Government Construction (2021–2025)
August 11, 2021
The construction of the rule of law government is a key task and the main project of the comprehensive rule of law, and to promote the modernization of the national governance system and governance capacity is an important support. In order to continue to promote the administration in accordance with the law in the new development stage, and the comprehensive construction of the rule of law government, according to the current construction of the actual rule of law government, this outline has been developed.
First, in-depth study and implementation of Xi Jinping thought on the rule of law, and strive to achieve a comprehensive breakthrough in the construction of the rule of law government
Since the Party’s eighteenth National Congress, and especially the “rule of law government implementation program (2015-2020)” to implement the five years plan, all regions and departments took multiple measures, reform and innovation, and the construction of the rule of law government made significant progress. The party’s leadership in the construction of the rule of law government has been strengthened, the responsibility of inspectors and demonstration activities to create in-depth implementation, the basic mechanism for promoting the construction of the rule of law government, and the “management and service” reform to promote the reform of the business environment have been greatly optimized. We have an increasingly sound administrative system in accordance with the law, the initial establishment of a major administrative decision-making process system, and more credibility of administrative decision-making. The reform of the administrative law enforcement system and mechanism is vigorously promoted, and the level of strict, fair and civilized law enforcement is generally improved; the constraints and supervision of administrative power are comprehensively strengthened, and illegal administrative acts can be corrected and investigated in a timely manner; social conflicts and disputes are resolved in a timely and effective manner according to the law, and the mechanism for preventing and resolving administrative disputes is more perfect; the awareness of civil servants at all levels of the rule of law is significantly enhanced, and the ability of administration according to the law is significantly improved. At present, China has opened a new journey to build a socialist modernized country and march towards the second century goal, to coordinate the overall situation of the great rejuvenation of the Chinese nation and the world’s unprecedented changes, to promote the modernization of the national governance system and governance capacity, to meet the growing needs of the people for a better life, to put forward new and higher requirements for the construction of the rule of law government, be based on the overall situation, focus on the long term, and make up the shortcomings, forge ahead, and promote the new era of the rule of law government construction up to a new level.
(A) guiding ideology. Hold high the great banner of socialism with Chinese characteristics, adhere to Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the “Three Represents” important thought, the scientific outlook on development, Xi Jinping thought of socialism with Chinese characteristics in the new era as the guide, fully implement the 19th CCP National Congress and the second, third, fourth and fifth plenary sessions of the 19th session, fully implement Xi Jinping rule of law thought, enhance the “four consciousness,” firm “four self-confidence,” to achieve the “two maintenance,” the rule of law government construction in the overall development of the Party and the national cause overall planning, accelerate the construction of clear responsibilities, administrative government governance system in accordance with the law, the comprehensive construction of functional science, legal powers and responsibilities, strict law enforcement, open and fair, intelligent and efficient, clean and honest, the people’s satisfaction of the rule of law government, for the comprehensive construction of a modern socialist state, to achieve the great rejuvenation of the Chinese nation’s Chinese dream to provide a strong rule of law.
(B) the main principles. Adhere to the overall leadership of the Party to ensure the correct direction of the construction of the rule of law government; adhere to the people as the center, all administrative organs must serve the people, be accountable to the people, under the supervision of the people; adhere to the problem-oriented rule of law and administrative power rules, boundaries, and effectively solve the outstanding problems that limit the construction of the rule of law government; adhere to reform and innovation, and actively explore the mode and path of construction of the rule of law government with Chinese characteristics; adhere to integrated promotion, strengthen the overall promotion of the construction of the rule of law government, and collaborative development.
(C) the overall goal. By 2025, the government’s behavior should be fully into the rule of law, clear responsibilities, according to the law of government governance system should be increasingly sound, the basic improvement of the administrative law enforcement system and mechanism, the quality and effectiveness of administrative law enforcement significantly improved, the ability to respond to emergencies significantly enhanced, the construction of the rule of law government in all regions and levels of coordination and progress, more areas to achieve the first breakthrough, to basically build by 2035 a rule of law state, rule of law government, rule of law society. Lay a solid foundation for the basic construction of a rule-of-law state, rule-of-law government and rule-of-law society by 2035.
Second, improve the system of government institutions and functions, and promote the role of government better
Adhere to the statutory duties, authorized by law, and strive to achieve a profound transformation of government functions, the management of the affairs in place, the basic formation of a clear boundary, a reasonable division of labor, consistent powers and responsibilities, efficient operation, with the rule of law to protect the system of government institutions and functions.
(D) to promote the optimization of government institutions and functions of synergy and efficiency. Adhere to the optimization of government organizational structure and promote the transformation of government functions, rationalize the relationship between departmental responsibilities in an integrated manner, so that the establishment of institutions will be more scientific, more with optimal functions, more synergistic powers and responsibilities. Improve the functions of economic regulation, market supervision, social management, public services, ecological and environmental protection, clarify the relationship between government and market, government and society, and promote a better combination of effective market and government. Strengthen the functions of formulating and implementing development strategies, plans, policies and standards, and pay more attention to the use of laws and systems to curb inappropriate intervention in microeconomic activities. Build a simple and efficient grassroots management system, and implement flat and grid-based management. Promote the tilting of establishment resources to the grassroots, and encourage and support the transfer of administrative and career establishment from top to bottom across levels.
To fully implement the system of governmental power and responsibility list, and promote governments at all levels to efficiently perform their duties and responsibilities. The first half of 2022 should be devoted to completing the preparation of the State Council departmental power and responsibility list, the establishment of public, dynamic adjustment, assessment and evaluation, convergence and standardization of supporting mechanisms and methods. Adjust and improve the list of powers and responsibilities of local government departments at all levels, strengthen standardization, and realize the standardization and unification of the same matters. Strictly implement the negative list of market access, the universal implementation of “not prohibited to enter.”
(E) to further promote the “administrative and service” reform. Promote the reform of the administrative approval system by level and classification. Relying on the national integrated government services platform and other channels, the full implementation of the approval services “immediately, online, near, once, self-help.” Resolutely prevent the filing, registration, administrative confirmation, consultation and other ways to set up administrative licensing matters in disguise. Implementation of administrative approval of the commitment system. Vigorously consolidate and reduce all kinds of qualification licensing matters, reduce the threshold of entry. Sequentially promote the “separation of licenses” reform full coverage, include more business-related business licensing matters into the reform. Actively promote the “one industry, one certificate” reform, to explore the realization of “a permit to operate,” cross-recognition common system. Deepen the reform of the investment approval system, promote the supervision of administrative law enforcement in the field of investment, and improve the investment environment in all aspects. The full implementation of the certificate matters to inform the commitment system, the new certificate matters must be based on laws and regulations or the State Council decision.
Promote government management in accordance with the law, more administrative resources from pre-approval to post-event supervision. Insist on “double random, public” supervision and “Internet + supervision” as the basic means to supplement the key supervision, credit supervision as the basis of a new regulatory mechanism, promote the integration of online and offline supervision, and improve the innovation and creativity to adapt to the inclusive and prudent Regulatory approach. According to the characteristics of different areas and the degree of risk determine the content, mode and frequency of supervision, and improve the level of regulatory precision. Develop nationwide unified, concise and easy-to-use regulatory rules and standards in different fields, so as to achieve open standards, fair rules, reasonable expectations and responsibilities.
Accelerate the construction of service-oriented government and improve the effectiveness of government services. Comprehensively improve the level of government services, improve the first to ask for responsibility, a notice, a window, self-help system. Accelerate the promotion of government services “cross-province through the office,” by the end of 2021 to achieve the basic high-frequency matters “cross-province through the office.” Vigorously implement the “one thing at a time,” to provide more packages, theme-based integrated services. Promote the in-depth integration of online and offline, enhance the service capacity of the national integrated government services platform, optimize the integration and upgrade the “one-stop” function of government halls at all levels, and fully realize the city-wide access to government services, near to be able to do, off-site can be done. Adhere to the combination of traditional services and intelligent innovation to fully protect the basic needs of the elderly services.
(F) continue to optimize the rule of law business environment. Closely around the implementation of the new development concept, the construction of a new development pattern, to create a stable, fair and transparent, predictable business environment under the rule of law. In-depth implementation of the “optimization of the business environment regulations. Timely summary of around the optimization of the business environment can be replicated and replicable experience and practices, in due course up to the legal and regulatory system. Equal protection of property rights and the right to operate independently for enterprises of all kinds of ownership in accordance with the law, and effectively prevent the abuse of administrative power to exclude and restrict competition. Improve the management system of national treatment plus negative list for foreign investment, and promote the opening up of rules, regulations, management, standards and other systems. Strengthen communication between government and enterprises, and fully listen to the opinions of enterprises and trade associations and chambers of commerce in the process of formulating and revising administrative regulations, rules and administrative normative documents. Strengthen and improve anti-monopoly and anti-unfair competition enforcement. Strengthen the rigid constraints of the fair competition review system, promptly clean up and abolish various regulations and practices that hinder the unified market and fair competition, and promote the formation of a unified and open, competitive and orderly, complete system and perfect governance of a high-standard market system.
Third, improve the administrative system in accordance with the law, accelerate the standardization of government governance procedures and rule of law.
Adhere to scientific legislation, democratic legislation, legislation in accordance with the law, and strive to achieve the quality and efficiency of government legislation and parallel progress, enhance the relevance, timeliness, systemic, operational, and strive to make the system of government governance in all aspects more sound, more perfect.
(G) strengthen important areas of legislation. Actively promote national security, science and technology innovation, public health, culture and education, national religion, biosecurity, ecological civilization, risk prevention, anti-monopoly, foreign-related rule of law and other important areas of legislation, improve the legal system of national governance urgently needed to meet the growing needs of the people’s legal system necessary for a better life. Develop and revise the law on the prevention and control of infectious diseases, the law on response to public health emergencies, the law on sanitary and quarantine at the state border and other legal systems. Timely follow-up study of the digital economy, Internet finance, artificial intelligence, big data, cloud computing and other related legal systems, to make up for the shortcomings, with good law and good governance to ensure the healthy development of new industries and new models.
Strengthen legislation to regulate common administrative acts, and promote the legalization of institutions, functions, authority, procedures and responsibilities. Revise the organic law of the State Council, the organic law of local people’s congresses and local people’s governments at all levels. Revise the Administrative Reconsideration Law and the Administrative License Law, and improve the legal system of administrative procedures. Study the development of administrative record regulations, administrative law enforcement supervision regulations.
(H) improve the mechanism of legislative work. Enhance the synergy between government legislation and the NPC legislation, and coordinate the arrangement of related laws, regulations and rules and regulations of the legislative reform, repeal and interpretation work. Focus on practical issues and legislative needs, improve the level of refinement and precision of legislation. Improve the legislative evaluation system, increase the pre-legislative evaluation, and seriously evaluate the necessity and feasibility of legislative projects. Establish and improve the legislative risk prevention mechanism, risk assessment throughout the legislative process. Enrich the form of legislation and focus on solving practical problems. Actively use new media and technology to broaden public participation in legislation, improve the legislative hearing, public opinion survey mechanism. Revise regulations and rules filing regulations, promote the supervision of government regulations at all levels, and strengthen the provincial government’s filing review responsibilities. Promote regional collaborative legislation, strengthen the convergence of planning arrangements, information resource sharing, joint research and demonstration, and synchronization of development and revision.
(ix) strengthen the supervision and management of the development of administrative regulatory documents. Formulate administrative regulatory documents in accordance with the law, strictly prohibit the issuance of documents beyond the authority, strictly control the number of documents issued, and strict procedures for issuance. Establish and improve the coordination mechanism for the development of administrative regulatory documents, to prevent the government from multiple doors, policy effects offset each other. Sound administrative regulatory documents dynamic cleaning mechanism. Strengthen the guidance and supervision of the formulation and management of administrative regulatory documents, and promote the institutionalization and standardization of management. Fully implement the administrative regulatory document legality audit mechanism, clear audit scope, unified audit standards. Strictly implement the administrative regulatory document filing review system.
Fourth, improve the administrative decision-making system, and constantly enhance the credibility of administrative decision-making and implementation
Adhere to scientific decision-making, democratic decision-making, decision-making according to law, and strive to achieve strict implementation of administrative decision-making procedures, the quality and efficiency of decision-making significantly improved, and effectively avoid conflicts and disputes arising from decision-making errors, triggering social risks, causing significant losses.
(J) strengthen the awareness of decision-making according to law. The person in charge of administrative organs at all levels should firmly establish the awareness of decision-making according to law, strictly follow the legal authority and procedures to make decisions, to ensure that the content of decisions in line with laws and regulations. The person in charge of the administrative organs to make major decisions before, should listen to the views of the legality review body, focusing on listening to legal advisers, public lawyers or relevant experts. Whether to comply with the decision-making process system, to make decisions in accordance with the law as the party group of government departments (Party Committee) to carry out inspections and inspections of the administrative organs in charge of the assessment and inspection, economic responsibility audit of the important content, to prevent personal arbitrariness, engage in “one word.”
(xi) the strict implementation of major administrative decision-making procedures. Strictly implement the “provisional regulations on major administrative decision-making procedures,” enhance the effectiveness of public participation, improve the quality of expert evidence, give full play to the function of risk assessment, to ensure that all major administrative decisions are strictly fulfill the legality review and collective discussion and decision procedures. Implementation of major administrative decision-making matters annual directory public system. Involving the public’s vital interests of important planning, major public policies and measures, major public construction projects, etc., should increase public participation by holding hearings and other forms, in-depth risk assessment, and seriously listen to and reflect the views and suggestions of stakeholder groups. Establish and improve the decision-making process records and materials archiving system.
(XII) strengthen the implementation of administrative decision-making and evaluation. Improve the implementation mechanism of administrative decision-making, decision-making organs should be clear in the decision to implement the subject, implementation time frame, implementation feedback and other content. Establish and improve the major administrative decision-making tracking feedback system. Lawfully promote the post-decision evaluation work, the results of the post-decision evaluation as an important basis for adjusting major administrative decisions. Major administrative decisions once made, without the statutory procedures shall not be arbitrarily changed or stop the implementation. The strict implementation of major administrative decisions lifelong accountability system and responsibility for the reverse mechanism.
V. Improve the administrative law enforcement system, and comprehensively promote strict, fair and civilized law enforcement
Focus on improving the satisfaction of the people, and strive to achieve a general improvement in the level of administrative law enforcement, and strive to let the people in every law enforcement behavior can see the wind and clean, from each law enforcement decisions can feel the fairness and justice.
(XIII) deepen the reform of the administrative law enforcement system. Improve the clear authority and responsibility, smooth operation, strong protection, clean and efficient administrative law enforcement system and mechanism, and vigorously improve the implementation of law enforcement and credibility. Continue to deepen the comprehensive administrative law enforcement system reform, adhere to the provincial (autonomous regions) in principle, there is no administrative law enforcement team, municipalities and municipal districts in principle, there is only one administrative law enforcement level, counties (cities, districts, banners) in general, the implementation of the “Bureau team” system, townships (streets) to gradually achieve a team management. The reform principles and requirements of “law enforcement.” Strengthen the comprehensive law enforcement, joint law enforcement, collaborative law enforcement organization, command and coordination. In the reform of administrative licensing and administrative penalties, improve the mechanism of approval, supervision and punishment to prevent disconnection. Steadily decentralize the administrative law enforcement matters that are urgently needed and can be effectively undertaken by the grassroots management to the grassroots, adhere to the law to decentralize, pilot first, adhere to the right to transfer with the matter, edit with the matter, money with the matter, to ensure that the release, catch, management, supervision. Establish and improve the township (street) and the relevant departments at the higher level of administrative law enforcement case transfer and coordination and collaboration mechanism. Vigorously promote cross-sectoral joint law enforcement to achieve interconnection of illegal clues, interoperability of law enforcement standards, and mutual recognition of processing results. Improve the mechanism of convergence between administrative law enforcement and criminal justice, strengthen the construction of the information platform of “convergence of two laws,” and promote the mechanization of information sharing, standardization of case transfer criteria and procedures. Accelerate the development of different levels of administrative law enforcement equipment standards.
(XIV) increase law enforcement efforts in key areas. Increase food and drug, public health, natural resources, ecological environment, production safety, labor security, urban management, transportation, financial services, education and training, and other key areas of vital interest to the public law enforcement efforts. Sort out the outstanding problems strongly reflected by the public in different fields and carry out centralized special rectification. For the potential risks, may cause serious adverse consequences, strengthen daily supervision and law enforcement inspection, from the source to prevent and resolve the risk of violations. Establish and improve the system of punitive damages and large fines for serious violations, lifetime ban mechanism, so that serious violators pay the right price. Smooth channels for reporting complaints of violations, the reporting of serious violations and major risks and hidden dangers of meritorious personnel to be rewarded and strictly protected by law.
(xv) improve administrative law enforcement procedures. Full and strict implementation of the administrative law enforcement public notice, law enforcement process record, the legal audit system of major law enforcement decisions. Unify administrative law enforcement personnel qualification management, except for the central vertical management departments by the provincial government to coordinate the region’s administrative law enforcement personnel qualification examination, document issuance, on-the-job rotation training, etc., the relevant business departments of the State Council to strengthen the professional training of law enforcement personnel in the system and improve the relevant norms and standards. Unify the basic standards of administrative law enforcement case files and instruments, and improve the standardization of law enforcement case files and instruments. Improve the system of delivery of administrative law enforcement documents. Fully implement the benchmark system of administrative discretion, refine and quantify the scope, type and range of discretion for each administrative law enforcement act in the region and publish it to the public. Comprehensively sort out, standardize and streamline law enforcement matters, where there is no basis in laws, regulations and rules are abolished. Standardize the administrative inspection of business-related matters, and strive to solve the problems of on-site inspection of business-related matters, high frequency, arbitrary inspection. According to the type of administrative law enforcement, develop and improve administrative law enforcement procedures. Full and strict implementation of the notification system, according to the law to protect the administrative relative statement, pleadings, applications for hearings and other rights. In addition to the statutory basis, local governments are strictly prohibited from taking measures requiring the general suspension of production and business in a particular region or industry or field of market players. Minutes of internal meetings of administrative organs shall not be used as the basis for administrative law enforcement.
(XVI) innovative administrative law enforcement methods. Extensive use of persuasion and education, persuasion and demonstration, warning and admonition, guidance and interview, etc., and strive to achieve leniency and severity, the integration of law and reason, so that law enforcement has both strength and temperature. Fully implement the list of minor violations exempted from punishment according to law. The establishment of administrative law enforcement case guidance system, the relevant departments of the State Council and provincial governments to regularly release guidance cases. The full implementation of “who enforces the law who popularizes the law” the popularization of law responsibility system, strengthen the interpretation of the law to the case.
Sixth, improve the emergency response system, the prevention and disposal of major emergencies according to law
Adhere to the use of the rule of law thinking and the rule of law to deal with emergencies, and strive to achieve the more important work, the more urgent things to adhere to the law administration, the implementation of emergency initiatives strictly in accordance with the law, in the disposal of major emergencies to promote the construction of the rule of law government.
(XVII) improve the emergency response system. Revise the emergency response law, the system to sort out and amend emergency management-related laws and regulations to improve the rule of law and standardization of emergency response. Improve the national emergency planning system, improve the overall and special emergency plans for national public emergencies, as well as with the various levels of emergency response plans. Strengthen the monitoring and early warning of emergencies, information reporting, emergency response, recovery and reconstruction, investigation and evaluation mechanisms. Improve the system of expropriation, requisition, relief and compensation in response to emergencies, and standardize the relevant approval, implementation procedures and relief channels. Improve the risk management mechanism of megacities and enhance risk control capabilities. Improve the system of regulating the collection and use of personal information mechanism for emergency response, and effectively protect the personal information of citizens. Accelerate the institutionalization and standardization of the application of administrative means for emergencies, and regulate the boundaries of administrative power.
(18) improve the ability to deal with emergencies in accordance with the law. Enhance the awareness of risk prevention, and strengthen the responsibility of all regions and departments to prevent and resolve major risks in their own areas. Promote comprehensive administrative law enforcement reform in emergency management and strengthen law enforcement capacity building. Strengthen the classification of emergencies according to the classification of policy, enhance the effectiveness of the target of emergency response. In accordance with the principle of the combination of civilian and combat, improve the emergency response and disposal procedures and coordination mechanisms for various types of emergencies. Regularly carry out emergency drills, focusing on enhancing the prevention of emergencies according to law, pre-emptive disposal and rapid response capabilities. Strengthen emergency information disclosure and crisis communication, and improve the public opinion response mechanism. Strictly crack down on the use of emergency events to raise prices, hoarding, rumor-mongering, production and sale of counterfeits and other acts of disruption of social order. Strengthen education and training in emergency response laws and regulations to enhance awareness of the rule of law in emergency response.
(XIX) guide, standardize grass-roots organizations and social forces involved in emergency response. Improve the township (street), village (community) emergency response organization system, promote the village (community) in accordance with the law to participate in the prevention, response to emergencies. Clarify the legal status of social organizations, charitable organizations, social workers, volunteers, etc. involved in emergency response and their rights and obligations, and improve incentives and security measures. Sound social emergency forces registration, call compensation, insurance coverage and other aspects of the system.
Seven, improve the system of administrative prevention, mediation and resolution of social conflicts and disputes, and constantly promote social justice
Adhere to the contradictions and disputes in the bud, resolve at the grassroots level, and strive to achieve the people’s rights and interests are treated fairly, dignity to get due respect, and promote the improvement of the petition, mediation, arbitration, administrative adjudication, administrative review, litigation and other social contradictions and disputes multi-prevention mediation comprehensive mechanism.
(20) strengthen administrative mediation work. In accordance with the law to strengthen the protection of consumer rights, traffic damage compensation, public security management, environmental pollution, social security, housing and land acquisition, intellectual property rights and other aspects of administrative mediation, timely and appropriate to promote the resolution of conflicts and disputes. The functional departments should standardize the scope and procedures of administrative mediation, organize good education and training, and enhance the level of administrative mediation work. Adhere to the “three” linkage, promote administrative mediation and people’s mediation, judicial mediation effective interface.
(21) orderly advance the work of administrative adjudication. Play administrative adjudication to resolve civil disputes “diversion valve” role, the establishment of a sound system, smooth channels, fair and convenient, adjudication mechanism for adjudication. Promote the system of informing the right of administrative adjudication, standardize the procedure of administrative adjudication, and promote the relevant administrative organs to effectively perform the duties of administrative adjudication. Comprehensively sort out administrative adjudication matters, clarify the scope of application of administrative adjudication, and steadily promote the administrative adjudication reform pilot. Strengthen case guidance and business training to enhance the ability of administrative adjudication. Research to promote the construction of the legal system of administrative adjudication.
(22) play the role of the main channel of administrative reconsideration to resolve administrative disputes. Comprehensively deepen the reform of the administrative reconsideration system, the integration of local administrative reconsideration responsibilities, in accordance with the principle of matching, optimizing and saving, and transferring as needed, the reasonable deployment of resources, the basic formation of a fair and authoritative, unified and efficient administrative reconsideration system by the end of 2022. Comprehensively promote the standardization of administrative reconsideration, specialization, information technology construction, and constantly improve the quality and efficiency of the case. Sound and optimal administrative reconsideration hearing mechanism. Governments at all levels above the county level to establish administrative reconsideration committees to provide advice for major, difficult and complex cases. The establishment of administrative reconsideration decision and administrative reconsideration opinion, proposal implementation supervision mechanism, to achieve the organic combination of case supervision and correction of errors and push back the administration according to law. Full implementation of the administrative reconsideration decision online public system.
(xxiii) strengthen and standardize the work of administrative appeal. Conscientiously implement the system of administrative organs in charge of the court to respond to lawsuits. Sound administrative dispute resolution mechanism to promote the source of governance. Support the court to accept and hear administrative cases in accordance with the law, and effectively implement the effective decision. Support the procuratorate to carry out administrative litigation supervision work and administrative public interest litigation, and actively perform their duties or correct violations. Seriously do a good job of judicial advice, prosecutorial advice implementation and feedback.
Eight, improve the administrative power constraints and supervision system, and promote the standardized and transparent operation of administrative power
Adhere to the power must have responsibility, responsibility to assume, failure to be held accountable, and strive to achieve administrative decision-making, implementation, organization, supervision both mutual constraints and coordination, to ensure full coverage of administrative power constraints and supervision, seamless, so that the power given by the party and the people are always used for the well-being of the people.
(xxiv) the formation of supervision synergy. Adhere to the constraints on administrative power and supervision system into the overall supervision system of the Party and the State overall planning, highlighting the leading position of the Party’s supervision. Promote intra-party supervision and supervision of the National People’s Congress, democratic supervision, administrative supervision, judicial supervision, supervision of the masses, supervision of public opinion and other types of supervision organic and coordinated. Actively play the role of audit supervision, accounting supervision, statistical supervision, law enforcement supervision, administrative review and other oversight. Consciously accept the supervision of the discipline inspection and supervision organs, the administrative organs of public officials to strictly pursue legal responsibility for violations of the law, in accordance with the rules and regulations to give discipline.
Adhere to the combination of strict control and love, incentive and restraint, to achieve serious accountability, standardized accountability, accurate accountability, prudent accountability, in accordance with the rules and regulations, in order to prevent ineffective accountability, but also to prevent the generalization of accountability, simplification. The implementation of the “three distinctions” requirements, the establishment of a sound incentive and protection mechanism to take charge, and effectively mobilize the enthusiasm of government staff at all levels, especially at the grassroots level, and fully support the actual start to take charge, officers and entrepreneurs.
(25) strengthen and standardize government supervision and investigation work. Governments above the county level to organize government supervision and inspection work in accordance with the law, focusing on the implementation of the Party Central Committee, the State Council’s major decisions and deployments, the implementation of important work at higher levels and this level of government deployment, supervision and inspection of the performance of the statutory duties of the object of supervision, the departments under the government and the administrative efficiency of the lower levels of government to carry out supervision and inspection, to protect the smooth flow of government orders, and urge to improve administrative efficiency, promote clean government, and improve the administrative supervision system. Actively play the role of government supervision to stimulate and spur, adhere to both rewards and punishments, in accordance with the provisions of the obvious results to increase the praise and policy incentives, inaction and chaos as a serious accountability in accordance with the law. Further clarify the duties, institutions, procedures and responsibilities of government supervision and investigation, and enhance the scientific, relevant and effective government supervision and investigation.
(26) Strengthen the constraints and supervision of administrative law enforcement. Strengthen administrative law enforcement supervision mechanism and capacity building, give full play to the role of administrative law enforcement supervision coordination, standardization and protection, supervision and guidance, and basically build a more complete administrative law enforcement coordination and supervision system with full coverage in provinces, cities, counties and villages by the end of 2024. Fully implement administrative law enforcement responsibilities, decompose law enforcement authority and determine law enforcement responsibilities in strict accordance with the list of powers and responsibilities. Strengthen and improve the management and evaluation of administrative law enforcement case files, administrative law enforcement agencies to handle complaints and reports, administrative law enforcement assessment and evaluation system. Vigorously rectify the outstanding problems of administrative law enforcement in key areas such as inaction and disorderly action, laxity in law enforcement, irregularity, uncivilized and non-transparent, and carry out special actions to supervise administrative law enforcement around the central work deployment. Strictly prohibit the issuance or disguised issuance of confiscation indicators, and strictly prohibit the confiscation of income with the administrative organs that make administrative penalties and their staff assessment, appraisal directly or disguised link. The establishment and implementation of administrative law enforcement supervisor system.
(xxvii) the full and active implementation of open government services. Insist on openness as the norm, not open as the exception, with more open and transparent government to win more understanding, trust and support of the people. Vigorously promote decision-making, implementation, management, services and results of public, so that the statutory initiative to disclose all public content in place. Strengthen the construction of public institutionalization, standardization and informatization, and improve the capacity and level of government affairs disclosure. Comprehensively improve the quality of government information disclosure application processing, and protect the people’s reasonable information needs in accordance with the law. Encourage open government days, online government inquiries and other thematic activities to enhance interaction and communication with the public. Accelerate the construction of public enterprises and institutions with Chinese characteristics of information disclosure system.
(28) accelerate the construction of government integrity. Sound government trustworthiness and practice mechanism. Establish a governance mechanism for monitoring the integrity of government affairs, establish a sound system for recording government default, and incorporate default information into the national credit information sharing platform and disclose it to the public. Establish a sound system of accountability for government failure to trust, increase disciplinary action for failure to trust, focusing on the governance of debt financing, government procurement, bidding, investment and other areas of government failure to trust.
Nine, sound rule of law government construction of science and technology security system, the comprehensive construction of digital rule of law government
Adhere to the use of the Internet, big data, artificial intelligence and other technical means to promote the administration of the law, and strive to achieve the deep integration of government governance information technology and the rule of law, optimize the innovation of government governance processes and ways, and vigorously enhance the digital level of the construction of the rule of law government.
(29) accelerate the construction of information technology platform. Provinces (autonomous regions and municipalities directly under the Central Government) to coordinate the completion of the region at all levels of interconnection, synergy and linkage of government services platform, to achieve full coverage from the provinces (autonomous regions and municipalities directly under the Central Government) to the village (community) online government. Accelerate the extension of government services to the mobile, to achieve more government services matters “on the palm.” Promote the construction of a new type of smart city by class, and promote the transformation and upgrading of urban governance. Strengthen the overall planning of government information platform construction, optimize the integration of various types of data, network platforms, to prevent duplication of construction.
Construction of regulations and administrative regulatory documents unified public inquiry platform, by the end of 2022 to achieve the current effective administrative regulations, departmental regulations, the State Council and its departments of administrative regulatory documents unified public inquiry; by the end of 2023 each province (autonomous region, municipality directly under the Central Government) to achieve the current effective local regulations, regulations, administrative regulatory documents unified public inquiry.
(30) accelerate the orderly sharing of government data. Establish and improve the coordination mechanism for sharing government data, further clarify the rights and responsibilities of all parties involved in the provision, use and management of government data, promote data sharing and business collaboration, form an efficient working mechanism, build a national integrated government data system, and strengthen the optimization and integration of government information systems. Accelerate the use of identity authentication, electronic seals, electronic certificates and other unified identification, optimize the process of government services. Strengthen the analysis, mining, processing and application of big data, and make good use of big data to assist in administrative decision-making, administrative legislation and administrative law enforcement. Establish and improve the use of the Internet, big data, artificial intelligence and other technical means of administrative management system rules. In accordance with the law to protect national security, commercial secrets, the privacy of natural persons and personal information, while promoting the open sharing of government and public service institutions data, giving priority to promoting livelihood protection, public services, market supervision and other areas of government data open to the community in an orderly manner.
(XXXI) in-depth promotion of the “Internet +” supervision and law enforcement. Strengthen the national “Internet + supervision” system construction, by the end of 2022 to achieve the convergence of all aspects of the regulatory platform data connection. Actively promote intelligent law enforcement, strengthen the configuration and application of information technology and equipment. Implementation of administrative law enforcement APP handheld law enforcement. Explore the implementation of off-site supervision characterized by remote supervision, mobile supervision, early warning and prevention and control to solve the problem of fewer people and more work. Accelerate the construction of the national administrative law enforcement comprehensive management and supervision information system, the basic data of law enforcement, the flow of law enforcement procedures, law enforcement information disclosure and other convergence, the establishment of a national administrative law enforcement database.
Ten, strengthen the leadership of the Party, improve the construction of the rule of law government to promote the mechanism
Party leadership is a comprehensive rule of law, for the construction of the fundamental guarantee of the rule of law government we must adhere to the party’s overall situation, coordination of all parties, play a leading role at all levels of the party committee, the rule of law government construction to a more prominent position in the overall work.
(32) strengthen the Party’s leadership in the construction of the rule of law government. Party committees and governments at all levels should study and understand Xi Jinping thought on the rule of law, Xi Jinping thought on the rule of law to implement the whole process and all aspects of the construction of the rule of law government. Party committees at all levels should effectively carry out their leadership responsibilities to promote the rule of law, arrange to hear reports on the work, and timely study and resolve major issues affecting the construction of the rule of law government. Governments at all levels should be under the unified leadership of the Party Committee, the main responsibility for the construction of the rule of law government, planning and implementation of the tasks of the construction of the rule of law government, and take the initiative to report to the Party Committee on major issues in the construction of the rule of law government. Governments at all levels and their departments should effectively perform the main responsibility for promoting the construction of the rule of law government in the region and the department, as an important task regularly deployed to promote, grasp the reality. Party committees in all areas of the rule of law construction of the deliberative and coordinating bodies and their offices to strengthen the coordination of the construction of the rule of law government supervision and promotion.
(33) improve the construction of the rule of law government to promote the mechanism. Deeply promote the construction of the rule of law government inspectors, 2025 years ago to achieve full coverage of local government inspectors at all levels. Do a solid job in the construction of the rule of law government demonstration activities, to create and promote the promotion of demonstration with development, and constantly stimulate the endogenous momentum of the construction of the rule of law government. Strictly implement the annual report system for the construction of the rule of law government, on time to the public. Establish and improve the rule of law government construction index system, strengthen the indicators to lead. Increase the assessment, enhance the weight of the assessment, the administration of the law as an important element of the comprehensive performance assessment of local governments, government departments and their leading cadres.
(34) comprehensively strengthen the administrative capacity building in accordance with the law. Promote the head of administrative organs to take the lead in complying with the implementation of the Constitution and laws, and establish a list of laws and regulations that the staff of administrative organs should know and know. Adhere to the Civil Code as an important yardstick for administrative decision-making, administrative management, administrative supervision, not to make arbitrary decisions to derogate from the legitimate rights and interests of citizens, legal persons and other organizations or increase their obligations in violation of laws and regulations. Sound mechanism for leading cadres to learn and use the law, the State Council departments in accordance with their functions to carry out training on the rule of law in their departments and systems, local governments at all levels above the county level are responsible for the training of leading cadres in the region on the rule of law, local government leadership at all levels should hold two or more lectures on the rule of law each year. City and county governments assume administrative and law enforcement functions of the head of the department to receive at least one rule of law topic off-the-job training during his term of office. Strengthen the departments and municipal and county governments rule of law institutions, optimize the positioning of the functions of grass-roots judicial offices, to ensure that the staff strength, funding and other appropriate to their duties and tasks. Incorporate rule of law education into the mandatory training of government staff at all levels of initial training and in-service training. Units and individuals who have made outstanding contributions to the construction of the rule of law government, in accordance with the provisions of the award of recognition.
Strengthen the legislative capacity of the government, organize special training in a planned manner, and do a good job of training and reserve of government legislative personnel. Strengthen the professionalization of the administrative law enforcement team, on the basis of completing the political theory education and party education hours, ensure that each person receives no less than 60 hours of business knowledge and training in laws and regulations each year. Strengthen the professionalization of the administrative reconsideration workforce and improve the management methods. Strengthen the capacity building of administrative reconsideration and develop the practice specification of administrative reconsideration. Strengthen the construction of legal advisors and public attorneys, and enhance the level of legal advisors and public attorneys to participate in major decision-making capabilities. Strengthen the construction of administrative adjudication work team.
(35) strengthen theoretical research and public opinion propaganda. Strengthen theoretical research on socialist government by law with Chinese characteristics. Encourage and promote higher law schools to set up high-end think tanks and research and education bases for the construction of the rule of law government. Establish a pool of experts to assess the construction of the rule of law government, and enhance the level of professional assessment. Increase the publicity of the achievements and experience of the construction of the rule of law government, the dissemination of the Chinese government’s rule of law construction of the era of the strong voice.
All regions and departments to implement the spirit and requirements of this outline fully and accurately, compacting responsibilities, pay close attention to the implementation, to quit formalism, bureaucracy. Central Office of the rule of law to supervise the implementation, to ensure that the outline of the tasks and measures to implement.
Uses a pseudonym for security reasons.
