China’s New Export: Their Social Credit System, sneaks into Canada
- April 17, 2021
(L-R) Canadian Prime Minister Justin Trudeau and Minister of Defense stand in salute to the PLA at a dinner in Vancouver, in 2019, following the arrest of Meng two months earlier. (Still from video) and Inside Vancouver’s Haidilao restaurant, where over 60 surveillance cameras are installed, two for each table and in staff areas.
China’s surveillance system of ‘social credit’ has expanded globally and is now openly operational in Western Canada.
Vancouver, British Columbia, Canada: China’s Orwellian “social credit system” that records the social and financial behaviour of individuals and corporations across China, using a vast surveillance system, has expanded globally, and is now openly operational at the renowned Haidilao hot pot restaurant, in Western Canada.
Ryan Pan, a manager with Haidilao Hot Pot in Vancouver confirmed that over 60 surveillance cameras have been installed in the restaurant at the request of the Haidilao corporation, as part of the social credit system in China. He said that the Vancouver location has 30 tables with two cameras assigned to each table.
Dont go to this restaurant.
In the Haidilao Hot Pot restaurant in the Kitsilano district of Vancouver, Canada (pictured), more than 60 surveillance cameras watch 30 tables and send feeds to China. The cameras, manager Ryan Pan explained to Scott McGregor and Ina Mitchell, are there to "people track" and are "part of the social credit system in China."
 In this photo of the interior of the Haidilao Hot Pot restaurant in Vancouver, 14 surveillance cameras can be seen on the ceiling in one area of the Chinese restaurant. |
When asked specifically why Haidilao required so many cameras to monitor staff and patrons, Ryan Pan said that the cameras were installed to “punish” staff if they didn’t adhere to corporate standards and to “people track”. Pan also said that the video is sent back to China but declined to say why this was, other than to say the reason for this was “secret.”
Founded in Sichuan, China, the Haidilao opened up at two locations in the Vancouver region, the most recent of which was opened in 2018 in a former Swiss Chalet restaurant in the trendy Kitsilano district of Vancouver. The location is within walking distance of the home rented by Huawei for staff temporarily re-located to Vancouver to assist Meng Wanzhou, the chief financial officer (CFO) of the telecom giant. Following her arrest and hearing over a provisional US extradition request for fraud and conspiracy to commit fraud in order to circumvent US sanctions against Iran. The Haidilao location is no more than 10 minutes to Meng Wanzhou’s mansion and the Peoples Republic of China Consulate. Haidilao has over 935 locations around the world and more than 36 million VIP members and 60,000 plus staff.
We reached out to Ivy Li, with the Canadian Friends of Hong Kong, who is a well-known public speaker, writer and activist on matters related to China and pro-democracy, to ask why Canadians should be concerned that China’s social credit system is now operational in Canada.
Ivy, who was born and raised in Hong Kong, had this to say in response: “Not only ethnic Chinese Canadians and residents, and businesses with Chinese ties are put at risk, but the privacy and safety of all Canadians and our society are compromised. Customers at a popular ethnic cuisine restaurant, especially in an upscale area, could be diplomats and politicians entertaining their guests, CEOs discussing their business strategies, professionals talking about company projects, journalists conducting interviews, etc., etc. Dinners discuss a wide range of subjects, especially after a couple of wine. The dining table in a popular restaurant is one of the best places to spy on someone and to get the pulse of a society.”
CHINA’S SOCIAL CREDIT SYSTEM
China’s social credit system was officially rolled out nationwide in 2014 with a plan to build “trust” in the marketplace and broader society. According to a report by USA Congressional Research Service (CRS) in 2020, China’s social credit system has developed into two connected but distinct systems: a system for monitoring individual behaviour, still in early pilot stages, and a more robust system for monitoring corporate behaviour.
The deadline for implementing China’s social credit system was 2020 when it became mandatory for all Chinese citizens to be enrolled in the national database and rated with a “social score” based on different behaviours; these “social scores” are then used to punish or reward. Praise the Chinese Communist Party (CCP) on social media and you will be given a higher score, potentially leading to benefits such as priority for school admissions, free gym services, shorter wait times at hospitals and other benefits. Illegally protest against the CCP, forget to pay your utility bill, or knowingly associate with another individual who has a low score, and you might be restricted in accessing public services, excluded from taking transportation, or perhaps your children will be denied entry into the best schools.
A similar model is applied to businesses in China called the Corporate Social Credit System (CSCS) designed to create a single, standardized reputation system for local and foreign firms alike. The system touches on virtually all aspects of a company’s business operations in China by assessing company performance, making sure they pay their taxes, uphold standard of service and other market entities. Based on their rating, Chinese authorities will reward or punish businesses that can result in penalty fees, higher inspection rates and possibly even blacklisting. Companies receiving a high corporate social credit score could result in better tax rate, market access and possibly being placed on what is known as a “redlist”.
That is inside China. What isn’t clear is how China’s social credit system impacts overseas Chinese living in Canada who work for companies with ties to China who are required to be a part of CSCS. Will the behaviours and actions taken by individuals working in Canada for Chinese companies impact the score of relatives or other employees inside China? It’s not inconceivable that a person protesting in Canada about human rights abuses in China, may not be hired by a Chinese owned company because they have been blacklisted by China’s social credit system, even if they live in Canada. What about the impact of China’s social credit system on Canadian employment laws, privacy, and human rights laws?
We know that China has already started to move forward with the creation of an English language corporate social credit system version by Xinhua Credit for non-Chinese firms.
International brands are already punished if they step out of line in and out of China. They must either stay silent or actively support China’s policies if they want future access to the Chinese market. We saw the NBA’s Houston Rockets general manager Daryl Morey tweeted in support of the Hong Kong protests and ultimately was forced to apologize. More recently, the boycott of H&M and other Western brands in China after they spoke out against forced labour in the cotton industry in the Xinjiang region of China. There is already a punishment-based system for corporations that don’t comply with the CCP regime regardless of compliance with China’s CSCS.
HAVE ANY CANADIAN LAWS BEEN BROKEN?
China’s CSCS operating within Canadian borders all boils down to the safety of workers, human rights, privacy of citizenry and national security, all of which is governed by legislation at a municipal, provincial, and federal level. The Canadian government is aware that China has implemented the CSCS and has even issued recommendations on how to conduct business inside China now that it has been implemented. But little to nothing has been done by elected officials to prevent China from implementing the CSCS inside Canada as a way to control foreign workers from China and Chinese owned businesses, or anyone for that matter, who is ethnic Chinese with personal or professional ties to China.
At a municipal (city) level, until recently, commercial security cameras used to be powered from a plug in the wall with a video cable going back to a personal video recorder (PVR). The City of Vancouver would normally require an electrical permit for this kind of set-up which would have, at the very least, alerted city officials in this case, given the large volume of cameras installed. However, the Haidilao cameras appear to be more modern cameras powered over Ethernet (POE). Meaning they are plugged into a network that can send video footage live back to China. They can be installed at any point without a permit. Quite simply, there is nothing stopping the Chinese government from insisting that all businesses in Canada who have ties to China either professionally or personally install a surveillance system as part of China’s social credit system.
British Columbia purports to have strict privacy laws with the Personal Information Protection Act (PIPA) governing how an organization can collect, use, or disclose information on individuals. When asked if the Office of the Privacy Commissioner was aware of CSCS sending private footage of temporary foreign workers and Canadian citizens back to China, Michelle Mitchell with the Office of the Privacy Commissioner in BC (unrelated to author), stressed that an important component of PIPA is consent and that an organization must have consent before collecting, using, or disclosing personal information, citing three types of consent under PIPA, which is express consent, implied consent, and opt-out consent.
Since many of the staff at the Haidilao restaurant are Chinese citizens and work under the Temporary Foreign Worker Program in Canada, and are already listed in the Social Credit system in China as citizens of China, they aren’t likely to demand privacy under Canadian law. Even staff members who live in Canada permanently with “permanent resident status” face the same pressure to conform to China’s mandatory CSCS program, because China doesn’t consider individuals with permanent resident status in Canada unless they renounce their Chinese citizenship. “Consent” isn’t an option in totalitarian regimes.
SAFETY OF WORKERS AND PRIVACY OF CITIZENS
We asked the Minister of Labour in British Columbia, Harry Bains, if he was aware that China’s social credit program was active in BC, and if he had any plans to update labour laws to protect employees—both foreign and domestic—to prevent punishment of overseas employees working in BC. The Minister didn’t answer the question at all, choosing instead to have Lisa Beare, the Minister of Citizens’ Services in British Columbia, who is in charge of governing PIPA legislation, respond. Lisa Beare also didn’t respond directly to the question either, instead the Ministry provided a boiler plate response to say that they expect organizations to essentially adhere to the honour system by following current privacy legislation. “The Province expects organizations to follow Personal Information Protection Act (PIPA) in regards to the handling of British Columbians’ personal information.” There was no mention by Ms Beare of government plans to update legislation to reflect current privacy concerns around China’s intrusion into the Canadians’ right to privacy.
NATIONAL SECURITY
A more insidious aspect to China’s CSCS is that it can be used to spy on Canadian citizens under the pretence of being a part of China’s social credit program. Canadian authorities may take the approach that CSCS has nothing to do with Canada and our laws. However, the Haidilao hot pot restaurant manager clearly stated that there were two reasons for the surveillance cameras, for both social credit and state security purposes. In all likelihood, next-generation data sources—such as information from facial recognition-driven video feeds, cell phone surveillance and e-com purchase history—are being collected from Canadians while they eat and it wouldn’t be the first time that the CCP has filmed Canadians inside Canada.
Over the past couple of years, an ever-expanding collection of surveillance cameras have been added to the Vancouver PRC Consulate, located in the prestigious Shaughnessy district of Vancouver, on the edge of a high traffic road that goes into the City. The surveillance camera has been installed on the edge of the property, one of which jettisons out into Canadian space, then retracts back. The street is a frequent place for pro-Hong Kong activists, Uyghurs protesting genocide, Iranians protesting the cooperation pact with China and members of Falun Gong protesting persecution. Canada is a multicultural country that has opened its doors to countless refugees fleeing persecution and promotes equality and the right to free speech as a core value. Yet Canada’s elected officials have done little if anything to ensure that the very people we have invited into Canada are promised a safe haven from the oppressive regimes they fled from in the first place.
The cameras used by the PRC consulate are the same cameras that the US banned the purchase and use of under the National Defense Authorization Act (NDAA) as a cyber security threat.
In 2019, Global Affairs, the department of the Government of Canada that manages Canada’s diplomatic and consular relations, also doesn’t appear to concerned that the Government of China is spying on Canadians with cameras installed on embassy grounds that jettison out into Canadian space, naively suggesting that addressing the matter is left to the Peoples Republic of China and the “honor” system of having a duty to adhere to Canadian laws.
“Diplomatic and consular representatives have a duty to respect local laws, and there is a similar expectation for the manner in which foreign missions operate. In Canada, there is an expectation that foreign missions comply with federal, provincial, and municipal laws and regulations, including those that governs the use of physical security equipment, such as cameras, fences, and lights.”
WHY MAKE IT SO OBVIOUS?
Why install over 60 security cameras in a restaurant if you don’t want customers to ask questions? Restaurant manager Ryan Pan did say that the company had a very strict food safety discipline. The chain suffered an embarrassing public incident at one of its Beijing restaurants a number of years ago that could be used to justify as an overreaction to installing so many cameras.
However, there is little doubt that Chinese surveillance within Canada can be correlated to the CCP’s need for control of its citizens. By establishing this capability within Canada, through what is believed to be capitalist corporate enterprise, the Chinese are able to identify Canada’s response. The restaurant in this case, with its “over-the-top” large volume of surveillance cameras could actually be a penetration test that measures vulnerability, as well as the reactions Canadian law enforcement and general public display.
Passive responses by Canada’s elected officials, law enforcement, and security intelligence agencies only serve to embolden influence operations, which have historically been the standard by which the Chinese base their tactics. The potential for further technology-based exploitation inside Canada will most assuredly increase.
In a rare public statement made on 9 February 2021, Director David Vigneault of Canada’s Security Intelligence Service (CSIS) had this to say about the threat to Canada’s National Security by the Government of China: “To be clear, the threat does not come from the Chinese people, but rather the Government of China that is pursuing a strategy for geopolitical advantage on all fronts-economic, technical, political, and military-and using all elements of state power to carry out activities that are a direct threat to our national security and sovereignty. We must all strengthen our defenses.”
Despite Canada’s security intelligence agency warning Canadians and elected officials about the threat to Canada’s national security, Canada’s Prime Minister, Justin Trudeau, has enjoyed the benefits of a very cozy relationship with China and isn’t likely to implement any significant changes to law that might affect that relationship.
We asked the Prime Minister’s Office (PMO) if Prime Minister Trudeau was aware that China’s Corporate Social Credit System is now operational in Canada and if he was aware that Canadian citizens were having their biometric information taken via video surveillance and sent back to China. We also asked, what if anything did he intend to do legislatively to address CSCS in Canada.
The Prime Minister’s Office did not respond by deadline.
Ivy Li said this in response to the Prime Minister of Canada’s lack of concern over China surveillance of Canadian citizens; “What is most chilling as a Canadian is that, knowing the Chinese Communist Party ‘Social Credit System’ is operating in Canada openly, yet our governments at all levels have no measures to stop it, to prevent it from replicating across the country, and to protect Canadians from being spied on directly through private companies by a dictatorial regime who is currently committing genocide, forced-labour, on-demand organ harvesting, and crushing the basic rights of Hong Kong citizens. That regime is here now for us. CCP’s social credit system should be made illegal in Canada, and sharing our information live with a foreign regime’s suppressive surveillance system by a private business should be a criminal offence. Official policy must be brought in ASAP to stamp out such practices.”
The ultimate question is: how many companies in Canada have installed surveillance systems at the behest of the CCP for the purpose of fulfilling their obligation to the Corporate Social Credit System? This system is already well underway! Is Canada prepared to address China’s Social Credit System operating inside Canada from a labour, human rights, privacy, and national security perspective or will Canada’s elected officials just look the other way and appease the CCP instead of protecting Canada, living up to the 5 Eyes Partnership Alliance?
With Trudeau we cant be sure.
The Central Committee of the Communist Party of China issued the "Plan for the Construction of China under the Rule of Law (2020-2025)"
Xinhua News Agency, Beijing, January 10. Recently, the Central Committee of the Communist Party of China issued the "Plan for the Construction of the Rule of Law in China (2020-2025)" and issued a notice, requiring all regions and departments to conscientiously implement it in light of their actual conditions.
The main contents of the "Plan for the Construction of the Rule of Law in China (2020-2025)" are as follows.
The rule of law is an important symbol of the progress of human civilization, the basic way of governing the country, and the unremitting pursuit of the Communist Party of China and the Chinese people. If the rule of law prospers, the country will prosper, and if the rule of law is strong, the country will be strong. This plan is formulated in order to coordinate and promote the construction of the rule of law in China.
1. Unswervingly follow the path of socialist rule of law with Chinese characteristics and strive to build a rule-of-law China with good laws and good governance
Since the 18th National Congress of the Communist Party of China, the CPC Central Committee with Comrade Xi Jinping as the core has positioned the rule of law, laid out the rule of law, and enforced the rule of law from the overall and strategic height of upholding and developing socialism with Chinese characteristics, and has integrated the comprehensive rule of law into the "four comprehensive" strategic layout. Strengthen the centralized and unified leadership of the Party over the comprehensive rule of law, comprehensively promote scientific legislation, strict law enforcement, impartial judiciary, and law-abiding by the whole people, forming Xi Jinping's thought on the rule of law, creating a new situation in comprehensive rule of law, and laying the foundation for building a rule-of-law China from a new starting point. Solid foundation.
The world today is undergoing profound changes unseen in a century. Our country is in a critical period of realizing the great rejuvenation of the Chinese nation. The tasks of reform, development and stability are arduous and arduous. The comprehensive opening up is further advanced. The requirements from other aspects are increasing day by day, and it is necessary to better play the role of the rule of law in consolidating fundamentals, stabilizing expectations, and benefiting the long-term. In the new journey of commanding the great struggle, the great project, the great cause, and the great dream, and building a modern socialist country in an all-round way, we must place the comprehensive rule of law in the overall, strategic, fundamental, and safeguarding position, and move towards building China under the rule of law in an all-round way. keep going.
(1) Guiding ideology
Hold high the great banner of socialism with Chinese characteristics, adhere to the guidance of Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the important thought of "Three Represents", the Scientific Outlook on Development, and Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, and fully implement the 19th National Congress of the Communist Party of China and the The spirit of the Second, Third, Fourth, and Fifth Plenary Sessions of the 19th Central Committee, fully implement Xi Jinping's thought on the rule of law, strengthen the "four awareness", strengthen the "four self-confidence", achieve "two maintenance", adhere to the party's leadership, The people are the masters of the country and the rule of law is organically unified, unswervingly follow the path of socialist rule of law with Chinese characteristics, cultivate and practice the core socialist values, focus on solving outstanding problems in the field of rule of law, build a socialist rule of law system with Chinese characteristics, and build a society We will promote the modernization of the country's governance system and governance capacity on the track of the rule of law, improve the Party's ability to govern the country according to law and govern according to law, and provide a strong legal guarantee for building a modern socialist country in an all-round way and realizing the Chinese dream of the great rejuvenation of the Chinese nation.
(2) Main principles
- Adhering to the centralized and unified leadership of the party. Firmly grasping the party's leadership is the most fundamental guarantee of the socialist rule of law, insisting that the party leads legislation, guarantees law enforcement, supports the judiciary, and takes the lead in abiding by the law, and gives full play to the party's core leadership role in overseeing the overall situation and coordinating all parties, so as to ensure the correct direction of the construction of the rule of law in China. .
——Insist on implementing the socialist rule of law theory with Chinese characteristics. Thoroughly implement Xi Jinping's thought on the rule of law, systematically summarize and apply the fresh experience in the construction of the socialist rule of law with Chinese characteristics in the new era, and continuously promote the innovative development of theory and practice.
- Adhere to the people-centered approach. Adhere to the rule of law for the people, rely on the people, promote the all-round development of the people, strive to make the people feel fairness and justice in every legal system, every law enforcement decision, and every judicial case, and strengthen the protection of human rights and the rule of law. The property and rights of citizens, legal persons and other organizations shall not be restricted or deprived of legal reasons and without legal procedures.
- Adhere to overall planning. Adhere to the joint advancement of the rule of law, the rule of law, and the law-based administration, adhere to the integrated construction of the rule of law country, the rule of law government, and the rule of law society, adhere to the combination of the rule of law and the rule of virtue, adhere to the organic unity of the rule of law and the rule of the party, and comprehensively promote scientific legislation, Strict law enforcement, impartial justice, and law-abiding by the whole people.
- Adhere to problem orientation and goal orientation. Focus on the outstanding issues and weak links in the construction of the rule of law that are concerned by the CPC Central Committee and strongly reflected by the people, focus on advancing the modernization of the country's governance system and governance capacity, consolidate the foundation, enhance the strengths, make up for the weak points, and strengthen the weak points, and effectively enhance the era of the construction of the rule of law in China. , pertinence and effectiveness.
- Adhere to the reality of China. Based on my country's basic national conditions, comprehensively consider comprehensive factors such as economic and social development, the overall process of the construction of the rule of law, and changes in the needs of the people, draw on the essence of Chinese legal culture, learn from the useful experience of foreign rule of law, and make progress step by step and over time to ensure that the design of various systems works well Pass, really work.
(3) Overall goal
To build China under the rule of law, we should realize the scientific, complete and unified legal norms, the fairness, efficiency and authority of law enforcement and justice, the effective control and supervision of the exercise of power, the full respect and protection of the legitimate rights and interests of the people, the widespread establishment of belief in the rule of law, and the establishment of a country under the rule of law, a government under the rule of law, and a society under the rule of law.
By 2025, the system and mechanism of the Party's leadership to comprehensively govern the country according to law will be more complete, the socialist legal system with Chinese characteristics centered on the Constitution will be more complete, the government governance system with clear responsibilities and administration in accordance with the law will be increasingly complete, and the judicial power operation mechanism that cooperates and restricts each other. More scientific and effective, major progress has been made in the construction of a rule-of-law society, the system of laws and regulations within the Party has been improved, and a socialist rule of law system with Chinese characteristics has taken shape.
By 2035, a country under the rule of law, a government under the rule of law, and a society under the rule of law will be basically established, a socialist legal system with Chinese characteristics has basically been formed, the people's rights to equal participation and development will be fully guaranteed, and the modernization of the national governance system and governance capacity will be basically realized.
2. Fully implement the Constitution and firmly safeguard the dignity and authority of the Constitution
To build a rule-of-law China, we must attach great importance to the important position and role of the Constitution in the governance of the country, adhere to the rule of Supervision to new levels.
(4) Adhere to the Constitution as the fundamental criterion for activities. The people of all ethnic groups, all state organs and armed forces, all political parties and social groups, and all enterprises and institutions all have the responsibility to uphold the dignity of the Constitution and ensure its implementation, and must not have any privileges that go beyond the Constitution and laws. Adhering to the supremacy of the Constitution and the law, safeguarding the unity, dignity, and authority of the national legal system, all laws, regulations, and normative documents must not conflict with the Constitution, and all acts that violate the Constitution and laws must be investigated. The Party takes the lead in honoring and implementing the Constitution, unifying the Party's leadership of the people in formulating and implementing the Constitution and laws with the Party's insistence on activities within the scope of the Constitution and laws, and ensuring the effective implementation of the Constitution and laws.
(5) Strengthen the implementation and supervision of the Constitution. The National People's Congress and its Standing Committee should earnestly shoulder the responsibility of constitutional supervision, strengthen the implementation and supervision of the Constitution, and make it an important issue in the annual work report of the National People's Congress Standing Committee. The laws passed and decisions and resolutions made by the National People's Congress and its Standing Committee shall ensure compliance with the provisions of the Constitution and the spirit of the Constitution. Promote the constitutional review work, improve the constitutional review system, and clarify the principles, content and procedures of the constitutional review. Establish and improve a system of prior review and consultation involving constitutional issues, administrative regulations, military regulations, supervisory regulations, local regulations, special economic zone regulations, autonomous regulations and separate regulations, departmental regulations, local government regulations, judicial interpretations, and For other normative documents, important policies, and major measures, all concerned with the interpretation, implementation, and application of the relevant provisions of the Constitution, a written request for constitutionality review shall be submitted to the Standing Committee of the National People's Congress in accordance with the relevant provisions. During the filing review work, attention should be paid to reviewing whether there is any content that does not conform to the provisions of the Constitution and the spirit of the Constitution. Strengthen the constitutional interpretation work, implement the constitutional interpretation procedural mechanism, and respond to concerns concerning issues related to the constitution.
(6) Promote constitutional study, publicity and education. Carry out in-depth constitutional study, publicity and education activities in the whole society to respect the constitution, study the constitution, abide by the constitution, maintain the constitution, and use the constitution, popularize the knowledge of the constitution, and carry forward the spirit of the constitution. Grasp the "key minority" of leading cadres, make the study of the constitution and law an important part of the study of the theoretical study center group of the party committee (party group), and incorporate it into the training and education system for party and state staff. Fully implement the constitutional oath system. Strengthen the constitutional and legal education of young people, and enhance the young people's awareness of rules and the concept of the rule of law. On the basis of the "May 4th Constitution" historical materials exhibition hall, build the national constitution publicity and education hall. Strengthen the study of constitutional theory and the compilation, revision, and use of textbooks, condense the characteristics of the era and practice of my country's constitution, and form a socialist constitutional theory and constitutional discourse system with Chinese characteristics.
3. Build a complete legal system to promote development and ensure good governance with good laws
To build China under the rule of law, we must strengthen and improve legislative work, further promote scientific, democratic, and law-based legislation, continuously improve the quality and efficiency of legislation, ensure high-quality development with high-quality legislation, promote comprehensively deepening reforms, and maintain overall social stability.
(7) Improve the legislative work pattern. Strengthen the Party's leadership over legislative work, and improve the legislative work pattern under the leadership of the Party committee, the leadership of the National People's Congress, the support of the government, and the participation of all parties. The Party Central Committee leads the national legislative work, studies and decides major issues in the national legislative work, and the local Party committees with legislative power lead the local legislative work in accordance with the Party Central Committee's general policies.
Improve the system and mechanism for the People's Congress to lead the legislative work. Strengthen the organization and coordination of legislative work by the National People's Congress, and give full play to the role of the National People's Congress and its Standing Committee in deliberation and gatekeeping. Improve the mechanism for the drafting of important laws by relevant special committees of the National People's Congress and the working bodies of the Standing Committee of the National People's Congress. In order to give better play to the role of deputies to the people's congress in drafting and revising laws and regulations, the meetings of the people's congress should generally arrange for the deliberation of laws and regulations. Study and improve the meeting system of the Standing Committee of the National People's Congress, and explore increasing the number of meetings of the Standing Committee of the National People's Congress for deliberating on laws and regulations. Give full play to the role of members of the Standing Committee of the National People's Congress in legislation, and gradually increase the proportion of full-time members of the Standing Committee of the National People's Congress, especially those with practical experience in the rule of law.
Pay attention to the important role of the government in legislative work. Do a good job in the drafting of relevant laws and local regulations, and strengthen legislative coordination among government departments. Formulate administrative regulations and rules in strict accordance with statutory authority and procedures to ensure the quality of administrative regulations and rules.
Broaden the ways and means for all parties in society to participate in legislation in an orderly manner. Strengthen legislative consultations and give full play to the roles of CPPCC members, democratic parties, federations of industry and commerce, people without party affiliation, people's organizations, and social organizations in legislative consultations.
(8) Adhere to both legislation, reform, abolition and release. Strengthen legislation in key areas, emerging areas, and foreign-related areas. Promote the implementation of new development concepts, build a new development pattern, and accelerate the improvement of urgently needed laws and regulations such as deepening supply-side structural reforms, promoting innovation-driven development, and preventing and defusing financial risks. Strengthen the restriction and supervision of the operation of power, improve the laws and regulations regulating joint administrative behavior, and study and formulate the administrative procedure law. Focusing on strengthening socialist cultural construction, improve the laws and regulations on the development of cultural undertakings and cultural industries, and the protection of intellectual property rights. Strengthen the construction of legal systems to ensure and improve people's livelihood and innovate social governance, and provide strong guarantees for promoting the modernization of education, implementing the Healthy China strategy, and maintaining social security. Strengthen the construction of relevant legislation and supporting systems for epidemic prevention and control, improve relevant punishment procedures, strengthen public safety guarantees, and build a comprehensive, scientifically standardized, and effective legal system for responding to public health emergencies. Strengthen the construction of legal systems related to and supporting the Civil Code. Strengthen national security legislation. Improve the legal system for the development of military-civilian integration. Strengthen legislation in the field of information technology, follow up and study relevant legal systems such as digital economy, Internet finance, artificial intelligence, big data, cloud computing, etc., and promptly make up for shortcomings. Strengthen the construction of the legal system for coordinated regional development. In formulating and revising laws and regulations, efforts should be made to solve the problems of low illegal costs and insufficient penalties. Coordinately solve the problems of whether laws and regulations in the fields of food and drugs, ecological environment, and safe production are hard or not, whether they are strict or not, and whether they are serious or not.
In response to the inconsistency, inconsistency and incompatibility between legal provisions, organize and clean up in a timely manner. If there are multiple laws in a certain field, the codification will be carried out when the conditions are ripe. Strengthen the coordination and supporting work of legislation, implement the simultaneous research and drafting of draft laws and supporting regulations, and enhance the overall efficacy of legal norms. Strengthen legislative evaluation and demonstration work. Strengthen the interpretation of laws and regulations. Build a national unified information platform for laws, regulations, rules, administrative normative documents, judicial interpretations and intra-Party regulations.
Adhere to the connection and promotion of legislation and reform, ensure that major reforms are based on the law, and give full play to the leading and promoting role of legislation. For those that are urgently needed for reform and the legislative conditions are ripe, they shall be introduced as soon as possible; for those whose legislative conditions are immature and need to be tried first, a decision on authorization or reform shall be made in a timely manner in accordance with the law. The reform measures involved in the authorization decision or the reform decision, if practice proves feasible, shall formulate and revise relevant laws and regulations in accordance with the procedures in a timely manner.
Improve the legal policy system that promotes socialist core values, and integrate the requirements of socialist core values into the construction of the rule of law and social governance.
Strengthen the legal protection of major national development strategies such as the coordinated development of Beijing, Tianjin and Hebei, the development of the Yangtze River Economic Belt, the construction of the Guangdong-Hong Kong-Macao Greater Bay Area, the integrated development of the Yangtze River Delta, the ecological protection and high-quality development of the Yellow River Basin, and the promotion of Hainan's comprehensive deepening of reform and opening up.
(9) Improve the legislative work mechanism. Improve legislative project initiation, drafting, demonstration, coordination, and deliberation mechanisms, and improve the pertinence, timeliness, systematicness, and operability of legislation. Improve the formulation system of legislative planning and planning, and give full play to the overall and leading role of legislative planning and planning. Improve the mechanism for soliciting opinions on legislation, expand the coverage and representation of public participation, and enhance the transparency of legislation. For legislative projects closely related to the production and operation of enterprises, fully listen to the opinions of relevant enterprises and industry associations and chambers of commerce. Improve the feedback mechanism for soliciting public opinions and adopting legislation, and explain if relatively concentrated opinions are not adopted. Make full use of big data analysis to provide statistical analysis and decision-making basis for major issues in legislation. Strengthen argumentation and consultation on major interest adjustment matters involved in legislation, and promote the introduction of third-party assessment for important legislative matters that are more controversial. Establish and improve the coordination mechanism for important legislative disputes to prevent legislative projects from being delayed for a long time. Improve legislative technical specifications and strengthen legislative guidelines.
(10) Strengthen local legislative work. Localities with legislative power should closely integrate local development needs and actualities, highlight local characteristics, pertinence, and effectiveness, and creatively do a good job in local legislative work. Improve the local legislative work mechanism, improve the quality of legislation, ensure that it does not conflict with higher-level laws, and effectively avoid legislation that is beyond its power, duplication of legislation, and blind legislation. Establish and improve the regional collaborative legislation work mechanism, and strengthen the unified guidance of the NPC Standing Committee on cross-regional local legislation. By the end of 2025, complete the rotational training of local legislative staff across the country.
4. Build an efficient system for the implementation of the rule of law, and further promote strict law enforcement, impartial justice, and law-abiding by all people
To build China under the rule of law, we must further promote strict law enforcement, impartial administration of justice, and law-abiding by all people, improve social fairness and justice, and ensure the rule of law.
(11) Build a government governance system with clear responsibilities and administration according to law. Governments at all levels must adhere to administration according to law, abide by statutory duties that must be performed, and must not act without the authorization of the law, and fully integrate government activities into the track of the rule of law.
Fully perform government functions in accordance with the law, focus on clarifying the relationship between the government and the market, between the government and society, and pay more attention to using laws and systems to curb improper interference in economic activities. Further promote the streamlining of administration and decentralization, and continue to rectify violations of laws and regulations that disguised administrative licensing items. Vigorously promote the list system and implement dynamic management, compile and publish the list of administrative licensing matters set at the central level, and the list of record-keeping management matters.
Strictly implement the major administrative decision-making procedures and systems, and effectively prevent illegal decision-making, improper decision-making, and delayed decision-making. Give full play to the role of legal advisors and public lawyers in major administrative decision-making. Establish and improve the tracking, feedback and evaluation system for major administrative decisions. The legality review mechanism of administrative normative documents shall be fully implemented, and all administrative normative documents involving the rights and obligations of citizens, legal persons or other organizations shall be subject to legality review.
Deepen the reform of the administrative law enforcement system, coordinate the allocation of administrative law enforcement functions and law enforcement resources, and minimize unnecessary administrative law enforcement matters. Further integrate the administrative law enforcement team, and continue to explore the implementation of comprehensive law enforcement across fields and departments. Promote the focus of law enforcement to move down to the city and county governments, and increase the inclination of law enforcement personnel, funds, resources, and equipment to the grassroots. Improve the working mechanism for effective connection of pre-event, in-event and post-event supervision, information interconnection and sharing, and coordination and cooperation. Improve the coordination mechanism of administrative law enforcement authority. Improve the connection mechanism between administrative law enforcement and criminal justice, and comprehensively promote the construction and application of the "connection between the two laws" information platform. Improve the administrative enforcement system and mechanism. Establish and improve a joint military-civilian law enforcement mechanism.
Adhere to strict, standardized, impartial and civilized law enforcement, and fully implement the administrative law enforcement publicity system, the entire law enforcement process record system, and the legal system review system for major law enforcement decisions. Strengthen law enforcement in key areas that concern the vital interests of the masses, such as food and drugs, public health, ecological environment, safe production, labor security, and wildlife protection. Promote the unified management of the qualifications and certificates of administrative law enforcement personnel, the basic standards for administrative law enforcement documents, and the construction of a comprehensive management and supervision information system for administrative law enforcement. We will fully implement the benchmark system of administrative discretion, and standardize the discretion of law enforcement. Improve and innovate law enforcement methods, and strengthen the use of non-coercive administrative means such as administrative guidance, administrative rewards, and administrative reconciliation. Establish a guidance system for administrative law enforcement cases. Establish and improve the risk prevention and control mechanism for administrative law enforcement. Strictly implement relevant laws and regulations on emergency response, implement emergency response measures in accordance with the law, and comprehensively improve the ability and level of emergency response in accordance with the law.
Strengthen and innovate interim and ex post supervision, promote "double random, one open" cross-departmental joint supervision, strengthen key areas of supervision, explore new supervision methods such as credit supervision, big data supervision, inclusive prudential supervision, and strive to form full coverage and zero tolerance , A more transparent, pragmatic, and secure in-the-event and post-event supervision system. Continue to carry out the "reduction of certificates and convenience for the people" action, and implement the notification and commitment system of certification matters.
Continue to create a business environment governed by the rule of law, implement a unified market access negative list system, clean up and remove hidden barriers to access, and generally implement "access if not prohibited". Comprehensively clean up and abolish various forms of unreasonable regulations on the non-public economy, and resolutely correct the abuse of administrative power to exclude and restrict competition. Comprehensively clean up illegal and illegal enterprise-related charges, inspections, apportionment matters, and evaluation and commendation activities. Strengthen the construction of government integrity, focus on governance of government untrustworthy behavior, and increase punishment and exposure. Implement a punitive compensation system for intellectual property infringement to encourage and protect technological innovation.
Accelerate the promotion of "Internet + government services", and basically achieve "one network, one door, one time" for key areas and high-frequency matters of government services. By the end of 2022, a national integrated government service platform will be built. Except as otherwise stipulated by laws and regulations or involving state secrets, all government service matters will be handled on the platform, and “one-stop service” will be fully realized.
(12) Build a fair, efficient and authoritative socialist judicial system with Chinese characteristics. Firmly grasp the deep-seated issues that affect judicial justice and restrict judicial capacity, adhere to the combination of conforming to national conditions and following judicial laws, and uphold and strengthen the Party's absolute leadership over judicial work. Improve the system and mechanism in which the public security organs, procuratorial organs, judicial organs, and judicial administrative organs perform their own functions, and the powers of investigation, procuratorial, judicial, and enforcement cooperate with each other and check each other. We will deepen the comprehensive reform of the judicial system and fully implement the judicial responsibility system.
Clarify the functional positioning of the four-level courts, and give full play to the supervision function of the trial level. Improve civil retrial procedures, and explore the transfer of cases with general legal application guidance and related to social and public interests to higher-level courts for trial. Improve the working mechanism of the circuit court of the Supreme People's Court, and improve comprehensive supporting measures. Improve the construction of specialized courts for intellectual property, finance, and maritime affairs, and strengthen the construction of Internet courts. Deepen the reform of the judicial jurisdiction system that is properly separated from administrative divisions. Improve the judicial protection system for minors.
Adhere to "let the judges judge and the judges are responsible", and empower sole and collegiate benches in accordance with the law. Improve the mechanism for the direct trial of major, difficult, and complex cases by the president of the court. Adhere to "whoever handles the case is responsible, whoever decides who is responsible", and implements the status of prosecutors as the main body of case handling. Improve the system of direct case handling by prosecutors in leading positions. Strengthen the construction of case-handling teams, and promote the specialized division of labor among judicial personnel and the specialized handling of similar cases. Improve the system of professional judges' conferences and joint conferences of prosecutors, and effectively play the role of providing legal advice to case-handling organizations. Strengthen and improve the guiding case system to ensure uniform application of laws.
Deepen the reform of the criminal procedure system centered on trial. Improve the system of investigation and collection of evidence by investigative organs, and standardize the system of supplementary investigation, non-prosecution, and withdrawal of prosecution. Improve pretrial conferences and illegal evidence exclusion systems, standardize court investigations and sentencing procedures in court trials, implement a system for witnesses, evaluators, and investigators to testify in court, and improve court investigation and use rules for technical investigation evidence. Improve the leniency system for admitting guilt and punishment, and implement the criminal policy of combining leniency with severity. Reform the criminal complaint system, and gradually implement a system of representation by lawyers for complaints against effective judgments and decisions of judicial organs. Improve the implementation of the legal aid duty lawyer system, and achieve full coverage of lawyer defense and legal assistance in criminal cases. Improve relevant working mechanisms, and punish illegal and criminal acts that hinder emergency response in a strict and swift manner in accordance with the law.
Improve the civil litigation system. Explore to expand the scope of application of small claims procedure, and improve its conversion and application mechanism with simplified procedure and ordinary procedure. Explore expanding the scope of application of the sole proprietorship system. Optimize the application of judicial confirmation procedures. Reform the litigation fee system. Comprehensively build a modern litigation service system that is intensive, efficient, diversified dispute resolution, convenient and beneficial to the people, intelligent and precise, open and interactive, and integrated and shared. Accelerate the reform of cross-domain filing and litigation services, and realize that litigation services can be handled nearby, in the same city, and in different places by the end of 2022.
Deepen the reform of the enforcement system, and strengthen the comprehensive management of enforcement difficulties and the source management. Further promote the separation of review and enforcement, optimize the allocation of enforcement powers, and implement an enforcement working mechanism of unified management, unified command, and unified coordination. Improve the penalty enforcement system and unify the penalty enforcement system. Deepen the reform of the prison system and mechanism, and implement the criminal classification and prison classification system. Improve the community correction system. Improve the work connection mechanism between prisons, detention centers and community corrections and resettlement assistance and education institutions.
(13) Deeply promote law-abiding by the whole people. The comprehensive rule of law requires the participation of the whole society. We must vigorously promote the spirit of the socialist rule of law, build a socialist rule of law culture, and guide all the people to be loyal followers, conscious adherents, and staunch defenders of the socialist rule of law.
Improve and innovate the work of popularizing the law, increase the efforts to popularize the law among the whole people, and strengthen the concept of the rule of law among the whole people. Establish and improve the normalization mechanism for publicity and reporting of legislative work, and take the initiative to speak out on legislative hotspot issues and clarify doubts. Fully implement the legal popularization responsibility system of "who enforces the law and popularizes the law". In-depth implementation of judges, prosecutors, administrative reconsideration personnel, administrative law enforcement personnel, lawyers, etc. to interpret the law with cases. Strengthen publicity, education and legal services for the rule of law in emergency response.
Broadly promote the participation of the people in social governance, and create a social governance pattern of co-construction, co-governance and sharing. Improve institutionalized channels for the masses to participate in grassroots social governance. Accelerate the modernization of municipal social governance. Improve the social governance normative system. Give play to the role of trade unions, the Communist Youth League, the Women's Federation and other mass organizations to lead and connect the masses to participate in social governance. Accelerate the promotion of social credit legislation, and improve the punishment mechanism for dishonesty. Standardize the list system for punishment for dishonesty, clearly formulate the basis, scope of application, punishment standards, and relief mechanism in accordance with laws and regulations, and protect the legitimate rights and interests of citizens and enterprises while strengthening punishment for dishonesty. Strengthen the law enforcement and judicial protection of property rights, and improve the mechanism for identifying and correcting wrongful cases involving property rights. Improve the criminal accountability system for violent assaults on police officers. Intensify efforts to crack down on criminal acts that violently harm medical personnel.
Focusing closely on the people's ever-growing needs for a better life, strengthen public legal services, accelerate the integration of public legal service resources such as lawyers, notarization, mediation, arbitration, legal aid, and forensic identification, and basically form a city- and rural-urban area that is convenient, efficient, and equally inclusive by 2022. modern public legal service system. Build an evaluation index system for public legal services, and test the effectiveness of public legal services with the satisfaction of the masses. Promote the construction of a high-quality foreign-related legal service team and a number of high-level foreign-related legal service institutions.
Actively guide the people to safeguard their rights and resolve conflicts and disputes in accordance with the law, and adhere to and develop the "Fengqiao Experience" in the new era. Give full play to the role of people's mediation as the first line of defense, and improve the joint work system of people's mediation, administrative mediation, and judicial mediation. Comprehensively carry out lawyers' mediation work. Improve the comprehensive mechanism for multiple prevention, mediation and resolution of social conflicts and disputes such as mediation, petition, arbitration, administrative adjudication, administrative reconsideration, and litigation, integrate resources and strengths for resolving conflicts and disputes at the grassroots level, and give full play to the role of non-litigation dispute resolution mechanisms. Deepen the reform of the legal aid system and expand the coverage of legal aid. The work of administrative adjudication shall be advanced in an orderly manner, and the scope of application of administrative adjudication shall be explored.
5. Build a strict legal supervision system and effectively strengthen the supervision of legislation, law enforcement and judicial work
To build China under the rule of law, we must promptly improve the mechanism for restricting and supervising the operation of power, regulate the exercise of power by legislative, law enforcement, and judicial organs, and build a legal supervision system with unified leadership, comprehensive coverage, and authority and efficiency.
(14) Promote comprehensive supervision of the rule of law work. Strengthen the centralized and unified leadership of the Party over the supervision of the rule of law, make supervision of the rule of law an important part of the supervision system of the Party and the state, ensure that administrative, supervisory, judicial, and procuratorial powers are properly exercised in accordance with the law, and ensure the legitimate rights and interests of citizens, legal persons, and other organizations. be effectively guaranteed. Strengthen the supervision of state organs, democratic supervision, mass supervision and public opinion supervision, form a joint force of legal supervision, and give full play to the overall supervision efficiency. Promote the penetration of discipline and law enforcement, and effectively connect the justice system. Improve the people's supervisor system. Adhere to openness as the norm and non-disclosure as the exception, comprehensively promote openness of legislation, law enforcement, and justice, gradually expand the scope of disclosure, improve the level of disclosure services, and actively accept the supervision of news media public opinion and social supervision. The Political and Legal Committee of the Party Committee shall guide and promote political and legal units to establish and improve a restriction and supervision system that is compatible with the operation mechanism of law enforcement and judicial power, build a law enforcement and judicial responsibility system with clear powers and responsibilities, and improve political supervision, comprehensive management supervision, law enforcement supervision, and disciplinary style supervision and inspection. and other institutional mechanisms.
(15) Strengthen legislative supervision. Establish and improve legislative supervision mechanisms and improve supervision procedures. Promote the drafting of laws, regulations and rules to solicit opinions from deputies to the National People's Congress and members of the CPPCC. Handle written review requests or review suggestions made by state organs, social groups, enterprises and institutions, and citizens on regulations and rules in accordance with the law.
Strengthen the filing review system and capacity building, and realize that all necessary items are required, all preparations must be reviewed, and errors must be corrected. Improve the filing review procedures, clarify the scope, standards and corrective measures of the review. Strengthen the filing and review of the administrative normative documents of local governments at all levels and government departments at or above the county level, and the supervision and normative documents of local supervisory committees at all levels. Strengthen the supervision over the filing of judicial interpretations. The normative documents formulated by local courts and procuratorates shall be included in the scope of filing and review of the standing committee of the people's congress at the corresponding level. Accelerate the establishment of a national unified information platform for filing and reviewing. Establish and improve the linkage mechanism between the party committee, the standing committee of the National People's Congress, the government, and the military. Establish and improve the annual reporting system for filing and reviewing work.
(16) Strengthen the supervision of law enforcement work. Strengthen the construction of a full-coverage administrative law enforcement coordination and supervision system at the provincial, city, county, and township levels, strengthen all-round and whole-process supervision, and improve the quality of law enforcement. Increase accountability for those responsible for law enforcement omissions, indiscriminate actions, selective law enforcement, and profit-seeking law enforcement, and implement the administrative law enforcement accountability system and accountability system. Improve the administrative law enforcement complaint reporting and handling mechanism.
Strengthen and improve the work of administrative reconsideration, strengthen the supervision function of administrative reconsideration, and intensify the correction of illegal and improper administrative acts. Promote the reform of the administrative reconsideration system, integrate the responsibilities of administrative reconsideration, unblock the channels for administrative reconsideration, and basically form a fair, authoritative, unified and efficient administrative reconsideration work system by 2022. Improve the administrative reconsideration case trial mechanism, and strengthen the standardization, specialization, and informationization of administrative reconsideration. Standardize and strengthen administrative response work.
(17) Strengthen the supervision of judicial activities. Improve the restriction and supervision system for judges and prosecutors in handling cases, and promote judicial justice. We will fully implement the case-handling responsibility system for judges and prosecutors, and standardize the case-handling authority of judges and prosecutors. Strengthen the supervision and management of the operation of judicial and procuratorial powers, clarify the supervision and management powers and responsibilities of court presidents, division chiefs, procurator-generals of procuratorates, and heads of business departments, and improve the list of powers and responsibilities of judges and procurators. Improve the assessment and supervision mechanism for the handling of cases by judges and prosecutors in leading positions, and establish an internal publicity and regular notification mechanism. Improve the implementation of the system for internal personnel of judicial organs to intervene in cases, record accountability, and standardize the contact between judicial personnel and lawyers and clients. Build a scientific and reasonable judicial responsibility determination and investigation system. Improve the disciplinary system for judicial personnel, and clarify the circumstances and procedures for disciplinary action.
Improve the mechanism for handling civil and administrative procuratorial supervision and procuratorial public interest litigation cases. Improve the legal supervision mechanism for the circuit courts of the Supreme People's Court, intellectual property courts, financial courts, and Internet courts. Expand the scope of public interest litigation cases, improve the legal system for public interest litigation, and explore the establishment of a punitive compensation system for civil public interest litigation. Improve the procuratorial suggestion system.
We will improve the working mechanism of criminal case filing supervision and investigation supervision. Improve the unified review and export working mechanism for criminal cases, and standardize the judgment and application of evidence review. Improve the system for the investigation organs to listen to the opinions and suggestions of the procuratorial organs in handling major cases. Improve the supervision mechanism for investigative measures such as seizure, seizure, and freezing. Improve the mechanism for accepting, transferring, and reviewing criminal appeal cases. Promote the construction of law enforcement case management centers in city and county public security organs.
Strengthen judicial protection of human rights. Establish a system for verifying the legitimacy of interrogation before the investigation of major cases is concluded. Improve the working mechanism for interrogating criminal suspects and hearing the opinions of defenders. Establish a circuit inspection system for prisons and detention centers. Improve the management system of detention centers. Improve the effective prevention, timely detection, and correction of unjust, false, and wrongly convicted work mechanisms. Improve the protection mechanism for defenders and agents ad litem to exercise their litigation rights.
6. Build a strong legal guarantee system and build a solid backing for the construction of a rule-of-law China
To build China under the rule of law, we must strengthen political, organizational, team, talent, technology, information and other guarantees to provide important support for the comprehensive rule of law.
(18) Strengthen political and organizational guarantees. Party committees (party groups) and leading cadres at all levels must support legislative, law enforcement, and judicial organs in their work, and support judicial organs in exercising their functions and powers independently and impartially in accordance with the law. The party's organizational departments at all levels must play their functional roles to ensure the advancement of the construction of the rule of law in China. The central and provincial party and government departments should clearly define the institutions responsible for the rule of law work in their respective departments. Party groups (party committees) in legislative, law enforcement, and judicial organs at all levels must strengthen leadership and perform their duties with due diligence, and grass-roots party organizations and party members in organs must give full play to their fighting fortresses and vanguard and exemplary roles to ensure the implementation of the Constitution and laws. Strictly implement the "Regulations on Records, Notifications and Accountability of Leading Cadres Interfering in Judicial Activities and Intervening in the Handling of Specific Cases".
(19) Strengthen team and talent guarantee. Firmly grasp the general requirements of loyalty to the party, the country, the people, and the law, vigorously improve the ideological and political quality, professional work ability, and professional ethics of the rule of law team, and strive to build a high-quality legal team with both political integrity and ability.
Build a revolutionary, formalized, specialized, and professional legal team. Persist in putting political standards first, strengthen scientific theories, and carry out in-depth education on ideals and beliefs. Improve the legal occupation access and qualification management system, establish a unified pre-employment training system for legal professionals and a training system for in-service judges, prosecutors, police officers, and lawyers. Improve the system of recruiting legislative workers, judges, prosecutors, and administrative reconsideration personnel from qualified lawyers and legal experts. Strengthen the construction of the legislative work force. Establish and improve the regular exchange mechanism for cadres and talents in the legislative, law enforcement, and judicial departments, and intensify the exchanges between the specialized teams for the rule of law and qualified cadres and talents from other departments. Strengthen the construction of specialized teams for the rule of law in border areas, ethnic areas and grassroots areas. Improve the management system for judges and prosecutors, and standardize selection criteria and procedures. Strengthen the construction of the team of law enforcement and judicial assistants. Establish and improve the management system for legal personnel that conforms to the characteristics of the occupation, and improve the occupational security system. Improve the system of law enforcement and judicial personnel performing duties and immunizations, safeguarding and remedies for violations of duties, and clarifying false reports. Strengthen the education and training of specialized teams for the rule of law.
Accelerate the development of legal service teams for lawyers, notarization, forensic identification, arbitration, and mediation. Improve the professional ethics code and practice code of conduct, and improve the professional ethics evaluation mechanism. Support the leadership of the Communist Party of my country and the socialist rule of law in China as the basic requirements for legal service personnel to practice. Adhere to and strengthen the party's leadership over lawyers' work, and promote party building in the lawyer industry. Improve the system and mechanism for the protection of lawyers' rights to practice. Improve the disciplinary mechanism for judges, prosecutors, lawyers and other legal professionals, and establish a system for the disclosure and inquiry of lawyers' bad practice information records. Develop public lawyers, company lawyers and legal consultants for party and government organs, enterprises and institutions, and villages (residential).
Build a legal talent training system that highlights the characteristics of the times and reflects Chinese characteristics. Adhere to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, insist on cultivating people with virtue and cultivate both virtue and law, and solve the problems of who to teach, what to teach, who to teach, and how to teach. Promote the construction of the legal discipline system, academic system, teaching material system and discourse system guided by Marxism. Deepen the reform of higher legal education, optimize the legal curriculum system, strengthen the practical teaching of law, and cultivate high-quality legal talents with firm belief, both morality and law, and a clear law. Promote legal education and training for teachers. Strengthen the construction of the teaching team of law majors. Improve the discipline setting of foreign-related law majors in colleges and universities. Strengthen the training of foreign-related legal talents, and innovate the training mode of foreign-related legal talents. Establish and improve a two-way communication mechanism between legal education, legal researchers, and legal practitioners.
(20) Strengthen the guarantee of science and technology and informatization. Make full use of modern scientific and technological means such as big data, cloud computing, artificial intelligence, etc., comprehensively build "smart rule of law", and promote the digital, networked, and intelligent construction of the rule of law in China. Optimize and integrate various information, data, and network platforms in the field of the rule of law, and promote the construction of the national rule of law informatization project. Accelerate the organic integration of public legal service entity platforms, hotline platforms, and online platforms, and build a public legal service network covering all businesses and time and space.
7. Build a sound intra-party legal system and unswervingly promote the governance of the party according to regulations
To build China under the rule of law, we must adhere to the organic unity of governing the country according to law and governing the party according to regulations, accelerate the formation of an intra-party legal system covering all aspects of party leadership and party building, enhance the party's ability to govern according to law, improve the level of party management and governance, and ensure that the party is always Become a strong leadership core for the cause of socialism with Chinese characteristics.
(21) Improve the intra-Party legal system. Adhere to and strengthen the overall leadership of the party, insist that the party should manage the party and govern the party strictly in an all-round way, take the party constitution as the foundation and democratic centralism as the core, and constantly improve the party's organizational regulations, party leadership regulations, party self-building regulations, The Party's supervision and protection of laws and regulations, and the establishment of an intra-Party legal system with scientific content, rigorous procedures, complete supporting facilities, and effective operation. Adhere to both legislation, reform, abolition and interpretation, keep pace with the times and do a good job in the formulation and revision of intra-party regulations, improve the work mechanism for cleaning up, increase interpretation, and improve the quality of intra-party regulations. Improve the system of filing and reviewing intra-Party regulations, insist that all items are necessary, must be reviewed, and errors must be corrected, so as to maintain the unity and authority of the intra-Party legal system. Pay attention to the connection and coordination of intra-Party regulations and national laws, and strive to form a pattern in which national laws and intra-Party regulations complement, promote and protect each other.
(22) Do a good job in the implementation of intra-Party regulations. Putting the improvement of the enforcement force of intra-Party laws and regulations in a more prominent position, unifying the grasp of the "key minority" and the management of the "majority", leading organs at all levels and party members and leading cadres to take the lead in respecting the rules, abiding by the rules, and driving the whole country. The party abides by the rules. Strengthen study and education, list important intra-party regulations as an important content of the theoretical study center group of the party committee (party group), list it as an important teaching content of the party school (administrative college), and the cadre college, and list it as an important task in the publicity and education plan for the rule of law. Increase the disclosure of intra-Party regulations and increase the popularity and awareness of intra-Party regulations. Implement the responsibility system for the implementation of intra-Party regulations, so that regulations must be enforced and regulations must be strictly enforced. Carry out the evaluation of the implementation of intra-Party regulations and promote the implementation of intra-Party regulations. Strengthen supervision and inspection and accountability, take the implementation of intra-Party regulations as an important part of party committees at all levels to supervise inspections and inspections, and seriously investigate and deal with various behaviors that violate intra-Party regulations.
(23) Strengthen the guarantee for the construction of internal party regulations and systems. Strengthen the construction of special work teams for intra-Party regulations, highlight political standards, strengthen professional construction, and enrich the personnel of intra-Party regulations work institutions at all levels. Accelerate to fill the shortcomings in the theoretical research of intra-Party regulations, focus on building a group of high-end think tanks and research education bases for intra-Party regulations research, promote the formation of a number of high-quality research results, and lead and gather a group of intra-Party regulations research talents. Improve the reserve talent training mechanism, continue to promote postgraduate education in the direction of research on intra-party regulations in some colleges and universities, strengthen discipline construction, and provide talent support for the sustainable development of intra-party regulations.
8. Closely focus on the overall situation of the party and the country in the new era, and safeguard national sovereignty, security, and development interests in accordance with the law
To build a rule-of-law China, we must attach great importance to safeguarding the practice of "one country, two systems" in accordance with the law, consolidate and deepen the peaceful development of cross-strait relations, use the rule of law thinking and method to properly handle international economic, political, and social affairs, and further promote the rule of law and the strict rule of the military, so as to better maintain peace. Realize the strategic goal of peaceful development of our country.
(24) Legally safeguard the practice of "one country, two systems" and advance the reunification of the motherland. Adhere to the highest legal status and the highest legal effect of the Constitution, unswervingly and fully and accurately implement the principles of "one country, two systems", "Hong Kong people governing Hong Kong", "Macao people governing Macao", and a high degree of autonomy, adhere to the rule of law for Hong Kong and Macao, and safeguard the Constitution and the Basic Law The established constitutional order for the special administrative region organically unifies the maintenance of the central government's overall governance over the special administrative region and the protection of the special administrative region's high degree of autonomy, and improves the special administrative region's systems and mechanisms related to the implementation of the Constitution and the Basic Law. Support the Chief Executive and the government of the Special Administrative Region to govern in accordance with the law, act proactively, and fulfill their constitutional responsibilities of safeguarding national sovereignty, security, and development interests. Improve the implementation of the legal system and enforcement mechanism for the special administrative region to safeguard national security, and ensure the stable and long-term implementation of "one country, two systems". Prevent and oppose the interference of external forces in Hong Kong and Macau affairs, and maintain the long-term prosperity and stability of Hong Kong and Macau.
Explore the "one country, two systems" plan for Taiwan, and advance the process of peaceful reunification of the motherland. Promote cross-strait institutional arrangements for peaceful development, improve institutional arrangements and policy measures to promote cross-strait exchanges and cooperation, deepen cross-strait integration and development, and safeguard the well-being of Taiwan compatriots. Support cross-strait legal exchanges and exchanges. Use the rule of law to defend the one-China principle, resolutely oppose "Taiwan independence", and firmly safeguard national sovereignty, security, and development interests.
Protect the rights and interests of compatriots in Hong Kong, Macao and Taiwan in accordance with the law. Comprehensively promote mutually beneficial cooperation between the Mainland and Hong Kong and Macau, and improve policies and measures to facilitate the development of Hong Kong and Macau residents in the Mainland. Strengthen law enforcement cooperation and judicial assistance between the mainland and Hong Kong and Macau, and between the mainland and Taiwan, and jointly combat cross-border illegal and criminal activities.
(25) Strengthen foreign-related legal work. To meet the needs of high-level opening-up work, improve the foreign-related legal and rule system, make up for shortcomings, and improve the legalization of foreign-related work.
Actively participate in the formulation of international rules and promote the formation of a fair and reasonable system of international rules. Accelerate the construction of a legal system applicable outside my country's jurisdiction. Focusing on the promotion of international cooperation in the joint construction of the " Belt and Road ", we will promote the construction and improvement of international commercial courts. Promote the establishment of joint arbitration mechanisms between Chinese arbitration institutions and national arbitration institutions jointly building the "Belt and Road". Strengthen foreign-related legal services and safeguard the legitimate rights and interests of Chinese citizens and legal persons overseas and foreign citizens and legal persons in my country. Establish a legal system for foreign-related work. Guide foreign economic and trade cooperation enterprises to strengthen compliance management and raise awareness of legal risk prevention. Establish and improve mechanisms for identifying extraterritorial laws. Promote the publicity of the rule of law abroad, and tell the story of the rule of law in China. Strengthen the research and application of international law.
Strengthen multilateral and bilateral dialogues on the rule of law and advance foreign exchanges on the rule of law. Deepen international judicial exchanges and cooperation. Improve my country's judicial assistance system and mechanism, and promote international cooperation in judicial assistance in the extradition and repatriation of criminal suspects and the transfer of sentenced persons. Actively participate in international cooperation in law enforcement and security, and jointly combat violent terrorist forces, ethnic separatist forces, religious extremist forces, drug trafficking, and transnational organized crime. Strengthen international cooperation in anti-corruption, and increase efforts to pursue fugitives, recover stolen goods, repatriate and extradite overseas.
(26) To further promote the rule of law and strict rule of the army. Thoroughly implement Xi Jinping Thought on Strengthening the Army, uphold the Party’s absolute leadership over the people’s army, fully and thoroughly implement the CMC Chairman’s responsibility system, focus on realizing the Party’s goal of strengthening the army in the new era, accelerate the construction of a sound military rule of law system with Chinese characteristics, and promote the fundamental nature of the way the military is governed. change.
Accelerate the promotion of reforms that are urgently needed, urgently needed for war preparations, and eagerly awaited by officers and soldiers for key legislative projects. We will vigorously and orderly advance the reform of the military policy system. Improve the military legislation plan management system. Improve the review and filing system for military normative documents. Improve the regular review mechanism of military regulations and systems. Promote the informatization of the military legal system, promote the integration of the construction of laws and regulations, and the codification of military regulations. By the end of 2020, complete the reform of the main laws and regulations in various fields of national defense and military construction, and build the basic framework of the socialist military legal system with Chinese characteristics; by 2022, improve the supporting laws and regulations in various fields and build a relatively complete system with Chinese characteristics Socialist military legal system.
Clarify the responsibilities and procedures for implementing military regulations, and implement a law enforcement accountability system. Strengthen the belief and thinking of the rule of law among officers and soldiers, and deepen the establishment of barracks under the rule of law. Continue to implement the military rule of law theory research project, and organize the compilation of military rule of law theory textbooks unified by the whole army. Strengthen international exchanges on military rule of law, and actively participate in the creation of international military rules. Comprehensively use the methods of intra-party supervision, hierarchical supervision, and special supervision to build a normalized and standardized military rule of law supervision system.
Build a leadership system for governing the military according to law, and set up a leading organization and its offices of the Military Commission governing the army according to law. Improve the military legal work system, and establish, adjust and improve specialized military legal work institutions. The establishment of a military legal adviser system. Improve the political and legal work mechanism of the Party leading the military, and strengthen the functions of the Military Commission's Political and Legal Committee. Improve the military judicial system.
9. Strengthen the Party's centralized and unified leadership over the construction of the rule of law in China, and give full play to the Party's core leadership role in overseeing the overall situation and coordinating all parties
To build China under the rule of law, we must always take the leadership of the party as the most fundamental guarantee of the socialist rule of law, and implement the strengthening of the party's leadership throughout the entire process and in all aspects of governing the country by law.
(27) In-depth study, publicity and implementation of Xi Jinping's thought on the rule of law. Xi Jinping's thought on the rule of law is the fundamental compliance and action guide for comprehensively governing the country by law. It is necessary to strengthen deployment arrangements, continue to promote the cadres and the masses to thoroughly study and implement Xi Jinping's thought on the rule of law, deeply understand the Marxist standpoints and methods contained therein, fully and accurately grasp the spiritual essence, rich connotations and core essentials, and enhance the consciousness and firmness of study and implementation. The theoretical study center group of party committees (party groups) at all levels should take Xi Jinping's thought on the rule of law as the key content, and party schools (administrative colleges) and cadre colleges should be the key courses. All regions and departments should organize party members and cadres to conduct systematic study and training. The rule of law department should carry out full-front and full-coverage training in rotation. It is necessary to integrate Xi Jinping's thought on the rule of law into school education, into the teaching system of the theory of the rule of law in colleges and universities, and do a good job in teaching materials, classrooms, and minds. It is necessary to carry out in-depth research and publicity to expand the breadth and depth of learning and publicity. Use new media and new technologies to strengthen online publicity.
(28) Promoting governance according to law. Improve the party's overall leadership system. Promote the party's leadership into laws and regulations, and strive to institutionalize the party's leadership and the rule of law. Improve the system of Party leaders, the government, the Chinese People's Political Consultative Conference, supervisory organs, judicial organs, procuratorial organs, armed forces, people's organizations, enterprises and institutions, grass-roots self-governing organizations, and social organizations. The requirement of adhering to the overall leadership of the party shall be included in the Organic Law of State Institutions, and in the articles of association of the CPPCC, democratic parties, federations of industry and commerce, people's organizations, state-owned enterprises, colleges and universities, and relevant social organizations. Improve the decision-making mechanism of the party committee in accordance with the law, and improve the rules of procedure and decision-making procedures.
Establish a list of laws and regulations that leading cadres should know and know, and promote leading cadres to be models of respecting the law, studying the law, abiding by the law and using it. The rule of law literacy and the performance of duties in accordance with the law shall be included in the assessment and evaluation of cadres. Leading cadres at all levels must comprehensively improve their ability to use the rule of law thinking and method to deepen reform, promote development, resolve conflicts, maintain stability, and deal with risks.
(29) Strengthen theoretical research on the socialist rule of law with Chinese characteristics, and speed up the construction of the socialist rule of law system with Chinese characteristics. Based on my country's national conditions and actual conditions, strengthen theoretical research on the construction of the socialist rule of law, and build as soon as possible a theoretical system and discourse system of the rule of law that reflects the nature of my country's socialism and has distinct Chinese characteristics, practical characteristics, and characteristics of the times. Adhere to and develop the significant advantages of my country's legal system construction, in-depth research and summary of the successful experience of my country's legal system system construction, and promote the innovative development of the socialist legal system with Chinese characteristics. Mining and inheriting the excellent traditional Chinese legal culture, researching, summarizing and refining the practice and theoretical achievements of the party leading the people to promote the construction of the rule of law. Organize and promote higher education institutions, scientific research institutes, and legal experts and scholars to strengthen theoretical research on the socialist rule of law with Chinese characteristics, and provide academic support for the construction of a rule-of-law China.
(30) Strengthen the Party's unified leadership, unified deployment, and overall coordination of the comprehensive rule of law. Improve the system and mechanism for the party to lead legislation, ensure law enforcement, support the judiciary, and take the lead in abiding by the law. The main responsible persons of the party and government must earnestly perform the duties of the first person responsible for promoting the rule of law construction, and include the performance of the duties of the first person responsible for promoting the rule of law construction into the content of the year-end report. Party committees at all levels should deploy, promote, supervise, assess, and reward and punish the construction of the rule of law together with economic and social development. Research and formulate an index system and assessment standards for the construction of the rule of law. Strengthen rule of law inspections on major rule of law issues.
The Central Committee for Comprehensively Governing the Country by Law shall do a good job in the top-level design, overall layout, overall coordination, overall promotion, and supervision of implementation of the construction of the rule of law in China, so as to achieve centralized leadership, efficient decision-making, and unified deployment. The local party committees at all levels, deliberation and coordination bodies for the construction of the rule of law should strengthen the work of taking the lead, planning, and supervising the implementation of the rule of law in their respective regions.
All regions and departments should fully and accurately implement the spirit and requirements of this plan, formulate implementation plans based on actual conditions, clarify the division of labor, consolidate responsibilities, pay close attention to implementation, seek practical results, and avoid formalism and bureaucracy. The Central Office for Governing the Country by Law should strengthen overall planning and coordination, strengthen supervision, and promote implementation, so as to ensure that all tasks and measures planned are implemented.
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