Comprehensively Implementing the Rule of Law
--Interview with President Luo Haocai of the China Society for Human Rights Studies (CSHRS)
Staff Reporter
The Fourth Plenary Session of the 18th Central Committee of the Communist Party of China (CPC) reviewed and approved the Decision of the CPC Central Committee on Certain Key Issues Concerning Comprehensively Pushing Forward the Rule of Law (hereafter, “Decision”). The plenary session was convened at a pivotal stage in comprehensively building a well-off society and comprehensively deepening reform. It was the first of its kind with the theme of the rule of law and was a landmark event in China’s legal construction. The Journal interviewed Professor Luo Haocai, who is also president of the China Society for Human Rights Studies (CSHRS).
Luo said convening the Fourth Plenary Session was a big event for China’s politics and Chinese society. It also represented implementation of the policy of comprehensively building a well-off society, initiated at the 18th CPC National Congress, and comprehensively deepening reform, proposed at the Third Plenary Session of the 18th CPC Central Committee. With the rule of law as its theme, the Fourth Plenary Session provided legal protection and institutional support for improving and developing socialism with Chinese characteristics, comprehensively building a well-off society and realizing the Chinese Dream of revitalizing the Chinese nation.
The rule of law is a basic way of governing countries. At the present time, as China enters a decisive stage in comprehensively building a well-off society and reform enters its deepest waters and toughest situation, the rule of law should be further highlighted in the overall work of the Party and the state and should play a more important role. Comprehensively pushing forward the rule of law, a national strategy, is greatly related to the Party’s capacity to govern the country and revitalize the nation, the livelihood and interests of the people, endurance of the Party and the long-term stability of the society. It also reflects efforts to improve and develop socialism with Chinese characteristics and enhance the country’s governance structure and capacity.
Addressing obvious problems regarding legal construction in China, the Decision, based on the reality of Chinese society, pointed out the ideological guidance of the rule of law, the general goals and basic principles of the rule of law, answered questions on big issues, raised a series of new viewpoints, initiated a few new measures, and comprehensively set out work related to scientific legislation, strict law-enforcement, legal justice, all-around adherence to the law, capacity and team building, and strengthening and improving the CPC’s leading role in comprehensively pushing forward the rule of law. The Decision made vital decisions on how to build the legal system of socialism with Chinese characteristics and how to proceed with the legal construction of socialism with Chinese characteristics, answered key questions on issues regarding building the rule of law for socialism with Chinese characteristics, and clarified the nature, orientation, path and tactics, in order to vigorously promote the construction of the rule of law in socialism.
Luo said that human rights protection is closely related to the construction of the rule of law. The nature and essence of human rights is about people, and the essential content of human rights is human dignity, value and their realization, which are manifest in rights and freedom and achieved and implemented through laws and regulations. The rule of law provides an institutional basis, a standard and a protection tool for the realization of human rights. The rule of law is continuously improved by pushing forward human rights development. As a common aspiration and pursuit, human rights provide the goal and orientation for construction of the rule of law. Rights are essential elements of law, which is to some degree the science of rights. Human rights are essential elements of rights. Improvement in human rights represents advancement of the rule of law in a country. Comprehensively pushing forward the rule of law requires enhancement of social fairness and justice as well as people’s interests. Results of development should benefit all people.
The Decision reiterated strengthening legal protection for human rights. The judiciary is the last fortress for ensuring civil rights and a key aspect of human rights protection. Since the Third Plenary Session, which called for improvement of legal protection for human rights, the central authorities have abolished the re-education through labor system and standardized judicial protection for human rights. The Decision approved at the Fourth Plenary Session further called for strengthening judicial protection for human rights, strengthening institutional protection for individual rights, improving related legal mechanisms, improving judicial supervision related to coercive measures taken in investigation, preventing torture during investigation or illegal gathering of evidence, and preventing and correcting wrong verdicts. Further addressing difficulties in law enforcement and ensuring rights for people who have won lawsuits, the Decision called for making a law on enforcement, speeding up building a system of credit monitoring, risk deterrence and punishment. Efforts should be made to make people feel a sense of fairness and justice in the judiciary and ensure human rights for the people.
The Decision also proposed increasing awareness of the whole society regarding respecting and ensuring human rights. Consciousness of the rule of law and human rights should be further strengthened, on the basis of respecting and protecting the authority of the Constitution. Efforts should be made to improve supervision mechanisms for implementing the Constitution, improve procedures for explaining the Constitution, and implementing regulations related to “the state respects and ensures human rights,” which has been included in the Constitution. The Decision also pointed out that legislation in key areas and areas related to people’s livelihood should be rapidly advanced, in order to protect people’s personal rights, property rights, basic political rights, ensure people’s economic, cultural and social rights, and realize legal protection for civil rights. Meanwhile, proper relief channels and means, rights protection and dispute settlement mechanisms and judicial assistance systems should be built to improve civil rights and help people resolve problems that directly, practically and significantly concern them. Such mechanisms should provide timely and effective legal assistance to people when they are faced with legal issues or when their individual rights have been violated. Human rights publicity and education mechanisms, part of the national education system, should be further improved. Human rights classes should be established in primary and middle schools to improve human rights education, spread human rights knowledge and enhance human rights awareness. Multiple efforts should be made to cultivate a sound environment for respecting human rights and abiding by laws. This would help legal construction and human rights protection in Chinese society.
President Luo called on CSHRS and human rights workers nationwide to fully understand and deeply grasp the spirit of the Fourth Plenary Session of the 18th CPC Central Committee, closely focus on the general goal of comprehensively pushing forward the rule of law, and earnestly study and make new efforts to advance human rights work in China.
