Cao Jianming: Party committees at all levels should support and ensure that the judicial organs of t

The China Communist Party Supervision of the party in the sixth Plenary Session of the 18th CPC Central Committee passed "(hereinafter referred to as the" Regulations ") thirty-seventh stipulates: Party committees at all levels should support and ensure the National People's Congress and the government, the supervision organs, judicial organs to supervise state organs and public officials in accordance with the law. This is a major point of view and deployment, fully embodies the Party Central Committee with Comrade Xi Jinping as the core of scientific governance, democratic governance, ruling the clear understanding and responsibility, is a major system design of our party to promote the combination of self supervision and external supervision, improve the supervision mechanism of power operation, but also promote the construction of the party great the new project, to deepen the comprehensive arrangement of important system strictly.
It is an important part of the state power supervision system to supervise the state organs and public officials according to law
In our country, judicial supervision refers to the supervision of the people's court and the people's Procuratorate on the exercise of the powers of the state organs and public officials in accordance with the law. Among them, the people's court is mainly through the trial administrative litigation settlement of administrative disputes, protection of citizens, legal persons and other organizations of the legitimate rights and interests, supervising the administrative organs exercise their functions and powers according to law; the trial of state functionary crime cases, corrupt elements violate the law in accordance with legal crime, punishment. The people's Procuratorate is mainly based on the national staff of the alleged crimes investigation, arrest, prosecution, prosecution, and combining the crime prevention duties of national staff to comply with laws, honest and diligent conduct supervision; supervision of criminal litigation, civil litigation, administrative litigation and enforcement activities according to law, correct and prevent the law enforcement and judicial power abuse, promote strict law enforcement, judicial justice, guarantee the correct implementation of a unified national law; to find administrative organs in violation of the exercise of authority or not to post the right behavior in performing their duties, through supervision and prosecution, public interest litigation, perfect the procuratorial suggestion mechanism so as to urge the rectification, promoting the administration according to law.
Power restriction and supervision is a complicated system engineering. In the fourth Plenary Session of the 18th CPC Central Committee the party's clear requirements, strengthen inner-party supervision, supervision of the National People's Congress, democratic supervision, administrative supervision, judicial supervision, audit supervision and social supervision, public supervision system construction, efforts to form a scientific and effective power restriction and supervision system". Judicial supervision is an indispensable and important part in the whole power supervision system. Moreover, because the judicial activities responsible for the referee, the right and wrong to clear the rights and obligations, criminal sanctions, conflict solving disputes, restrict the abuse of power, legal relief and other functions, compared with other supervision plays an important role in the judicial supervision also has distinct characteristics. For example, the judicial supervision by special subject is the people's court and the people's Procuratorate, the basic way is through the judicial handling of state organs and public officials to review the violation correction; judicial supervision by legal regulation and restraint procedures strictly, must abide by the criminal procedure law, civil procedure law and administrative procedure law to determine the supervision authority, scope, conditions and methods of supervision, supervision and supervision of relief procedure, legal validity, ways to ensure standardized supervision according to law; judicial supervision to state law as the backing, every action specific supervision will inevitably lead to specific legal consequences, the result is the force and universal binding force of law; etc..
It is incumbent on all levels of Party committees to support and guarantee the supervision of judicial organs according to law
The constitution of our country has established the leading position of the Communist Party of china. The leadership of the party is the most essential feature of socialism with Chinese characteristics, and also the biggest advantage of the socialist system with Chinese characteristics. We should start from the overall development of the party's cause and proceed from the overall situation of the rule of law in accordance with the law.
To support and guarantee the supervision of judicial organs according to law is the proper meaning of the leading role of Party committees at all levels. Our party shoulders the task of uniting and leading the people to build a moderately prosperous society in all respects, promote socialist modernization and realize the great rejuvenation of the Chinese nation. "Master China" clearly pointed out that the constitution of the Communist Party, the party must be in accordance with the overall situation, coordination principle, play the core role in the various tissues; the party must ensure the country's legislative, judicial and administrative organs, economic, cultural and people's organizations actively, independently responsible for the coordinated work. The fourth Plenary Session of the 18th CPC Central Committee the party stressed that the party overall situation and coordinating all parties to people, governments, CPPCC, judicial organs and procuratorial organs in accordance with the law to carry out the work of unified regulations to perform the functions, good implementation of the party's state and society led by state organs. Judicial organs are the organs of state power under the leadership of the party, and judicial work is an important part of the overall situation of the party and the state. Support and ensure that the judicial organ at the same level to supervise the state organs and their staff in accordance with the law, is an important embodiment of the party committees at all levels of the overall situation and coordinating all parties, and Party committees at all levels must fulfill the political responsibility.
To support and guarantee the supervision of the judicial organs according to law is the inevitable requirement of the rule of law and the building of a socialist country under the rule of law. Governing the country according to law is the basic strategy for our party to lead the people to govern the country, is an important basis for the realization of national governance system and governance capacity modernization. The basic pattern of the construction of rule of law in legislation, law enforcement, judicial, law-abiding "one of the four, justice is an important link, is not only an important part of a comprehensive law, but also an important guarantee to rule of law. The fourth Plenary Session of the 18th CPC Central Committee the party emphasized, must adhere to the leadership of the party in legislation and enforcement, judicial support and law-abiding guarantee; the party and government organs and leading cadres at all levels to support the court, procuratorate independent and impartial exercise of powers. General secretary Xi Jinping also stressed that the central political work conference, Party organizations and leading cadres at all levels should adapt to the scientific ruling, democratic ruling and ruling by law requirements, each unit to support the political and legal system in accordance with the constitution, legal independence is responsible for the coordination work. Party committees at all levels to support and ensure judicial supervision, is to support the judicial organs to perform their functions according to law, is to implement the basic strategy of governing the country according to law, is the use of the rule of law and the rule of law.
It is an important guarantee for the realization of the effective supervision and control of the power to supervise and supervise the judicial organs in accordance with the law. "Regulations" in the construction of scientific integrity of the inner-party supervision of the top-level design at the same time, a chapter to the provisions of "inner-party supervision and external supervision of the combination, to build a party as the leading Party Supervision, supervision and supervision by the masses combine cohesion, mutual supervision and coordination of various comprehensive supervision system consistent. As a kind of external supervision, judicial supervision, the main supervision of state organs and public officials to comply with the law, is an important supplement to the inner-party supervision, but also an important extension of inner-party supervision. Party committees at all levels of support and guarantee of judicial supervision, embodies the party and rule of law in accordance with regulations of the organic unity, is conducive to the promotion of inner-party supervision and judicial supervision and coordination, realize the inner-party supervision and external supervision interaction, and form a complete, scientific and effective power restriction and supervision system.
Party committees at all levels should use the rule of law and the rule of law to improve the ability to support and ensure the level of judicial supervision
Of the party since eighteen, the CPC Central Committee with Comrade Xi Jinping as the core of the summing up of our party to strengthen the power restriction of theoretical innovation and practical exploration and experience of the construction of supervision system, Party committees at all levels to support and ensure that the judicial organ of the state organs and public servants shall carry out the supervision and put forward specific and feasible deployment requirements.
Party committees at all levels should exercise activities within the scope of the constitution law, enhance the awareness of the rule of law, promote the spirit of the rule of law, according to legal authority, rules, procedures. Ruling by law is the key to governing the country by law. The party leads the people to formulate the constitution law, the party leads the people to carry out the constitution law, the party itself must also be within the scope of the constitution law. Some criteria about the political life of the party under the new situation of the party's the sixth Plenary Session of the 18th CPC Central Committee passed "(hereinafter referred to as the" guidelines ") clearly pointed out, Party organizations and leading cadres at all levels must consciously act according to the statutory authority, rules and procedures, not to say on behalf of France, the right pressure method, favoritism, and never of judicial intervention. To a profound understanding of the legal authority to uphold the constitution is the maintenance of the party and the people's common will of the authority, to defend the dignity of the law is to defend the constitution of the party and the people's common will of dignity, to ensure the implementation of constitutional law is to ensure the realization of the party and the people's common will. Party committees at all levels should strengthen the consciousness of ruling by law, adhere to the rule of law, the concept of the rule of law system, procedure, way of the rule of law to carry out the work, improve the party's style of leadership and governance, to promote administration according to law the institutionalization, standardization and procedure. Leading cadres at all levels should be in awe of the law, the legal red line, remember impassable legal bottom line can not touch, take the lead in compliance with the law, take the lead in handling affairs according to law, not illegal exercise of power, but not on the judicial work of improper intervention by the leadership of the party in the name of political and legal work.
Party committees at all levels should strengthen the leadership of the judicial work, regularly listen to the work report of the judiciary, to ensure the correct direction of judicial work. The leadership of the Party Committee on judicial work, the first is the direction of management, management policy, management principles. In the fourth Plenary Session of the 18th CPC Central Committee the party's clear requirements, Party committees should regularly listen to the report on the work of the judicial organs, set a good example to promote justice, maintain the legal authority; the main party responsible person to fulfill the first responsibility to promote the construction of the rule of law responsibility. The Standing Committee of the Political Bureau of the Central Committee for two consecutive years to listen to the Supreme People's court and the Supreme People's Procuratorate party annual work report, and make institutional arrangements, this is an important symbol of the CPC Central Committee to strengthen the leadership of the judicial work, made an example for local Party committees. Party committees at all levels should keep up with the Party Central Committee, the judicial work in "the four overall strategic layout to plan and promote, regularly listened to work reports of judicial organs, seriously study the judicial and procuratorial work of the major issues, major issues and important deployment, ensure judicial work is always moving in the right direction.
Party committees at all levels should support the judicial organs in accordance with the law, independent and impartial exercise of authority. The fourth Plenary Session of the 18th CPC Central Committee the party emphasizes that the party and government organs and leading cadres at all levels to support the court, procuratorate independent and impartial exercise of authority; the establishment of leading cadres to intervene in judicial activities, in case handling records, reporting and accountability system. "Regulations" further provisionsTo establish and improve the party's leading cadres to intervene in major events record system. Party committees at all levels should unequivocally support the judiciary to carry out judicial supervision, support judicial organs in accordance with the law, to eliminate the interference of local and departmental protectionism, to create a good environment for the judicial organs to perform their duties according to law. We should conscientiously implement the "leading cadres to intervene in judicial activities, in case handling records, reporting and accountability provisions", any party and government organs and leading cadres shall allow the judicial organs to do breach of statutory duty, is not conducive to justice matters; intervention of judicial activities, hand inserted case handling the situation, should be included in the construction of a clean and honest government responsibility preparation and performance evaluation system, as an important basis for the assessment of cadres to abide by the law, according to law, honesty and self-discipline. We should conscientiously implement the "protection of the judicial personnel shall perform their statutory duties" provisions, establish and improve the protection mechanism of judicial personnel perform their statutory duties according to law, and shall not arrange judges and prosecutors engaged in beyond the scope of statutory duties transactions with non statutory basis, through legal procedures shall not be transferred, judges and prosecutors dismissed or dismissed, demoted, dismissed made as punishment, severely punished according to the law to interfere in judicial activities, threats, retaliation against violence, insulting libel, judicial officers and their close relatives' behavior.
Party committees at all levels should strengthen the ideological, political, organizational leadership of the judiciary, to provide a strong guarantee for judicial organs according to law. In order to strengthen the supervision of state organs and public officials, the judiciary must have a team of high quality. General secretary Xi Jinping attaches great importance to the construction of team of politics and law, repeatedly delivered an important speech, made important instructions, repeatedly stressed the need to follow the political skills, business skills, strong responsibility, discipline skills, work style, and strive to build a firm conviction, law enforcement people, dare to play, clean and honest judicial team. Conscientiously implement the requirements of the CPC Central Committee to the party committees at all levels, cadres adhere to the principle of justice, strengthen the overall planning team construction, solve the major problems of judicial team construction, promote judicial team regularization specialization occupation construction; to seize the key to the construction of leadership at all levels of the judiciary, judicial occupation sound reflects the characteristics of the selection and appointment of cadres, the evaluation mechanism, highlight the political standard, good political and legal accomplishment, make good use of the rule of law and the rule of thinking to promote the work of the people to promote to leading positions; to smooth the legislation, law enforcement, judicial departments and personnel cadres with each other and with other departments qualified cadres and personnel to exchange channel; in the most resolute will, the most resolute action to eliminate corruption in the judicial field, and resolutely eliminate an evil member of the herd To love and care for judicial personnel, establish and improve the professional security system, and continuously enhance the creativity, cohesion and combat effectiveness of the judiciary.
Party committees at all levels should strengthen the overall leadership of judicial reform, and promote the improvement of the judicial system. Judicial reform plays an important role in the comprehensive deepening of reform and the rule of law in a comprehensive way, but also the fundamental way to break the institutional barriers and improve the ability of judicial supervision. The party's eighteen and eighteen third, fourth, fifth plenary session made significant deployment of judicial reform, judicial reform with a number of major importance have commenced the reform into deep water, the crucial period, accelerate the implementation of the reform tasks deployed still need to tackle tough task, improve the operation mechanism of judicial administration system and the judicial power new difficult. Party committees at all levels should strengthen the organization and leadership of the judicial reform, focus on the unity of thinking, grasp the direction, coordination of policy, strengthen the supervision work, in a pragmatic, solid work style, focused, step by step, in order to promote reform, to ensure that the party central deployment of major judicial reform initiatives to strengthen the judicial supervision of air plant. China, promote the socialist judicial system more mature characteristics.
Judicial organs should strengthen the "Four Consciousness" and rely on the strong leadership of the Party committee to supervise the work
The leadership of the party is the fundamental guarantee for the judicial organs to supervise the state organs and public officials according to law. The system design system of the Central Committee of the party has the judicial authority how to carry out the supervision work under the leadership of the party, especially the party's the sixth Plenary Session of the 18th CPC Central Committee passed the "standards" and "Regulations", and there are many important new deployment and requirements. The judicial organs at all levels must unequivocally adhere to the leadership of the party, firmly establish political awareness, the overall sense of core consciousness, line consciousness, correctly handle the relationship between the party's policies and state laws, correctly handle the relationship between Party leadership and governing the independent and impartial exercise of authority, in the same ideological and Political Action Party Central Committee with Comrade Xi Jinping the core of the highly consistent.
Judicial organs must consciously obey the leadership of the Party Central Committee, the implementation of the Party Central Committee decision making. The guidelines stressed that the party must consciously obey the leadership of the CPC Central committee. As an important organ of state power, the judiciary must adhere to the spirit of the central government to ensure that the party's line, principles and policies and major decisions and arrangements are implemented in the judicial organs. To serve the security situation as an important political responsibility and mission of the judicial work, focus on the overall advancement of the "five in one" overall layout and coordination to promote the "four comprehensive" strategic layout, firmly establish and implement the new development concept, faithfully perform judicial and procuratorial functions, to maintain social stability, promote social fairness and justice, safeguard the people's live and work in peace, for building a well-off society and realize the great rejuvenation of the Chinese nation Chinese dream to provide a stable social environment and a good legal environment.
The judicial organs shall strictly implement the reporting system for major problems. The "rules" clearly stipulates: the whole Party must strictly implement the major issues of reporting system. The party organizations at all levels of the judiciary must adhere to the party's centralized and unified leadership, and resolutely safeguard the authority of the Party Central committee. The Supreme People's court and the Supreme People's Procuratorate shall report regularly to the Party Central committee. To study the major issues involved in the overall situation or make major decisions in a timely manner to the CPC Central Committee for the report, the implementation of the Party Central Committee's important decision to report the situation. In case of sudden major problems and major issues in the work of the CPC Central Committee to report in time to the report. The local people's courts at all levels and the people's procuratorates shall consciously accept the leadership of the party committees at the same level, be responsible for the party committees at the same level, and report to the party committees at the same level in a timely manner in the event of major events and important situations.
The judicial authorities found that the leadership of the Party cadres in violation of Party discipline, Party organizations, shall promptly report to the relevant party organization. The "Regulations" clearly stipulates: "the state organs concerned that the leadership of the Party cadres in violation of Party discipline, Party organizations, shall promptly report to the relevant party organization." This provision, to broaden the channels of inner-party supervision, is the institutional arrangement of discipline is in front, is conducive to the implementation of laws and discipline of the seamless. Judicial organs and discipline inspection and supervision organs, public security organs should cooperate with each other to transfer cases clues and other systems, both in the case of strengthening cooperation, mutual cooperation, and strictly in accordance with the law, to ensure that norms. We need to conscientiously implement the Party Central Committee on discipline law separately, strict discipline, discipline in law before the law, in each case review clues, preliminary investigation, filing, prosecution, trial and other sectors, both review constitutes crimes, but also pay attention to whether the violation of Party discipline found, and promptly report to the relevant party organization, suggestion public officials, promoting perfect supervision system. Especially in accordance with the "Regulations" requirements of law subject to criminal liability, or is suspected of discipline but does not constitute a crime, shall be transferred to the Commission for Discipline Inspection and discipline, realize the discipline convergence.
Judicial organs to investigate and deal with the case of the party's leading cadres, Party committees and Discipline Inspection Commission should be informed. Regulations clearly stipulates that the law enforcement and judicial organs to investigate and deal with the case of the party's leading cadres, the party should be informed by the authority of the Party committee, commission for Discipline inspection". The establishment of this system, first of all, is to ensure that the correct political direction of the need for judicial supervision. The supervision of state organs and public officials, in particular, to investigate and deal with the case of the party's leading cadres, political, policy, sensitivity are very strong, we must consciously accept the leadership of the party. The judicial organs at all levels according to the investigation of cases of leading cadres of the party, should strictly implement the duty crime cases reporting system, in the investigation, investigation, prosecution, prosecution and other filed an important stage, timely report to the party committees, informed the Commission for Discipline Inspection at the same level. At the same time, the establishment of this system is to ensure the convergence of law and law needs. "Regulations" further provides that the judiciary to the same level Party committee, the Commission for Discipline Inspection notification, the cadres of the party organizations should be in accordance with the relevant provisions of the suspension of its related party members rights. This is conducive to the alleged crimes of Party members and cadres of Party committees and Discipline Inspection Commission to grasp the dynamic situation, performance management and administration of the party the main responsibility and oversight responsibilities, the corruption in the punishment by law and subject to disciplinary action should be.
If the judicial organ finds that the leading cadre makes use of his position to facilitate the illegal intervention of judicial activities, it shall make a comprehensive and accurate record and report to the party organization in a timely manner. The "Regulations" provisions, "found positions to facilitate the use of illegal intervention in the selection and appointment of cadres, construction, law enforcement and judicial activities, it shall report to the superior party organization in a timely manner." The judicial organs at all levels should adhere to the independent and impartial exercise of authority, and shall not implement any leading cadres in violation of statutory duties or legal procedures, to the requirements of justice. On the leading cadres to intervene in judicial activities, in specific cases to deal with the situation, should be comprehensive, accurate records of the whole traces, do well documented. The judicial organ shall make a summary analysis of the leading cadres' intervention in judicial activities and the handling of specific cases in each quarter, and submit them to the party committees and political and judicial committees at the same level and the higher judicial organs at the same level, and report them immediately if necessary.
The judicial organs shall faithfully perform the functions conferred by the Constitution and strictly supervise the exercise of the powers of state organs and public officials in accordance with the procedures in accordance with the law. The supervision of state organs and public officials according to law is an important responsibility of the constitutional law. The people's court, the people's procuratorates at all levels from maintaining the party's advanced nature and purity, to promote the work of Party and state of the rule of law, bearing in mind the mission responsibilities, adhere to assume responsibility, highlighting the focus of supervision, strengthen supervision, and the typical case analysis, play a warning role in the promotion of Party members and cadres to exercise power. Consciously honest and diligent. In accordance with the law, we must strengthen their own construction, improve internal control mechanisms, and consciously accept the supervision of the party, social supervision, supervision of the masses, to ensure that the power is strictly constrained. If the judicial organs and their staff members are found to be in violation of discipline, they must be dealt with severely. According to the law in strict accordance with the procedures for the investigation of alleged serious violationsNo organization or individual may decide on its own or be ordered to take illegal investigation measures against Party members and cadres. In violation of regulations, or to monitor the name of insults, slander, framed by others, serious discipline and legal responsibility.