Strengthen the systematic, holistic, collaborative and timeliness of legislation

　　[In-depth study, publicity and implementation of the spirit of the 20th Party Congress]

　　Author: Luo Can (researcher, Institute of Intelligent Justice, Southwest University of Political Science and Law)

　　General Secretary of the Supreme Leader emphasized in the Party’s Report to the 20th CPC National Congress that it is necessary to "enhance the systematization, integrity, coordination and timeliness of legislation", which puts forward specific requirements for high-quality legislation. As the primary link of governing the country according to law in an all-round way and building China under the rule of law, legislation plays a key role in leading and promoting law enforcement, fair justice and law-abiding for all people. At present, China has formed a socialist legal system with Chinese characteristics with the Constitution as the core. Since the 18th National Congress of the Communist Party of China, the National People’s Congress and its Standing Committee have made continuous achievements in making laws, amending laws, adopting decisions on legal issues and major issues, and making legislative interpretations. The number of legislations has increased substantially, and the legislative work is undergoing a major shift from "with or without" to "with or without". Systematization, wholeness, coordination and timeliness are clear standards and yardsticks to measure whether legislation is good or not, and are important supporting conditions for promoting scientific legislation, democratic legislation and legislation according to law, and coordinating the establishment, reform, abolition, interpretation and compilation.

　　First, strengthen the legislative system. Systematization is an important epistemology and methodology of Marxist philosophy. Systematization requires not only to treat the research problem as a system and analyze the structure and function of the system, but also to analyze the essence and internal relations of things with systematic thinking, so as to grasp the development law of things as a whole and improve the scientificity of analyzing and solving problems. Legislation itself is a system, and it is also a subsystem of the system engineering of rule of law construction. From the external relationship of rule of law, rule of law construction is an important part of building a socialist modern country in an all-round way, which is interrelated and interacted with economy, politics, culture, society, ecology, science and technology, military affairs, diplomacy and other aspects. Therefore, we must look at and promote the legislative work with a universal, comprehensive and systematic view of development and change. The concept of system runs through legislation, which should be positioned from the strategic height of the overall development of the cause of the party and the state, rather than discussing the law on the basis of law. From the top-level design, the socialist legal system with Chinese characteristics should closely follow the characteristics of Chinese modernization, and make an overall layout based on the modernization of huge population, common prosperity of all people, harmony between material civilization and spiritual civilization, harmonious coexistence between man and nature, and peaceful development; The socialist legal system with Chinese characteristics should meet the essential requirements of Chinese modernization.Adhere to the Communist Party of China (CPC)’s leadership, adhere to Socialism with Chinese characteristics, achieve high-quality development, develop people’s democracy in the whole process, enrich people’s spiritual world, achieve common prosperity for all people, promote harmonious coexistence between man and nature, promote the building of a community of human destiny, and create new forms of human civilization, which are highly integrated into legislative purposes and legal principles. For the specific legal problems in reality, we should look at the essence through the phenomenon. From departmental law and single-department law to articles and terminology, we should grasp the relationship between the overall situation and the local situation, macro and micro, and proceed from the overall situation of perfecting the legal system, perfecting the rule of law construction system and promoting the modernization of the national governance system and governance capacity, and systematically think, systematically design, systematically plan and systematically advance.

　　Second, strengthen the integrity of legislation. The concept of wholeness emphasizes that any system is an organic whole, and the legal system should be complete and unified. On completeness, it should include at least three aspects: from the perspective of the division of legal system, the socialist legal system with Chinese characteristics takes the Constitution as the core and consists of the Constitution and related laws, civil and commercial law, administrative law, economic law, social law, criminal law, litigation and non-litigation procedure law, international law and other fields, and the legislative content of each field should be complete, leaving no blank for phenomena, behaviors and problems that must be incorporated into legal adjustment; Judging from the rank of effectiveness of the legal system, the legal system of socialism with Chinese characteristics is at the highest legal rank with the Constitution, showing multiple levels of laws, regulations, rules and regulations, and the legislation at each level should perform its duties without being absent. From the broad perspective of the legal system, soft laws such as village rules and regulations, autonomous group rules, trade regulations and customs are indispensable parts of the socialist legal system with Chinese characteristics. We should improve the soft law mechanism to give full play to the important role and unique advantages of soft law in comprehensively promoting the rule of law. Regarding unity, it mainly involves treating and handling conflicts and contradictions in legislation. On the one hand, we should improve the conflicts between departmental laws and different legal levels, and try our best to reduce and avoid the inconsistency and conflict of legal provisions while improving the relevant review and correction mechanism and legal application rules. On the other hand, different legislative documents, especially between different departmental laws, have different legal interests that they focus on.There will be contradictions between legal interests, and we should treat and solve such contradictions dialectically based on the fact that legislation is an organic whole.

　　Third, enhance legislative synergy. Synergy refers to the mutual cooperation and functional coupling of various components of the system, which form a pulling effect synchronously to achieve common progress and positive development. The supreme leader’s thought of rule of law pays attention to the important position of collaborative governance in comprehensively governing the country according to law. Legislative synergy is the institutional guarantee for promoting collaborative governance, and it is the rule of law basis for promoting the coordination of various governance measures in policy orientation, mutual promotion in concrete implementation, and complementarity in actual results. Based on the perspective of the integrated construction of a country ruled by law, a government ruled by law and a society ruled by law, legislative synergy should be promoted and realized from many aspects, levels and dimensions. Regarding the coordination between central legislation and local legislation, central legislation should not only fully consider the needs of local legislation, but also prevent the legalization of local protectionism and provide clear guidance and guidance for local legislation; Local legislation should proceed from local reality, improve the level of operability and refinement, and effectively improve the actual effect of central legislation. With regard to regional collaborative legislation, we should gradually build a regional collaborative legal system, clarify the responsibilities of relevant working institutions, improve the guarantee mechanism of collaborative legislation, and provide legal guidance for regional governance and coordinated regional development. Regarding the coordination of different departmental laws, the actual legal phenomena and problems are intertwined, and a legal relationship may enter the adjustment scope of multiple departmental laws. We should pay attention to the study of cross-legal issues and realize the convergence and cooperation of legal systems on the premise of avoiding conflicts. Regarding the coordination of legal powers and responsibilities of state organs, the coordination and cooperation between departments and organs should be clearly guided and stipulated.Really form a joint force that complements each other and promotes each other, and avoid the phenomenon of fighting for power and shifting the blame. With regard to the coordinated promotion of legislative work, the legislative work itself is a huge project that combines the whole with the part and the whole with the focus. On the dynamic level, we should coordinate the promotion of all aspects and progress, and pay attention to the coordinated optimization between legislation and the power of legal interpretation of administrative and judicial organs, and between legislation and traditional culture and moral concepts.

　　Fourth, enhance the timeliness of legislation. Timeliness shows that law is a developing rather than a static, open rather than a closed system. The General Secretary of the Supreme Leader stressed: "Legislation actively adapts to the needs of reform, actively plays the role of guiding, promoting, standardizing and guaranteeing reform, so as to ensure that major reforms are based on the law, reform and the rule of law are promoted simultaneously, and the penetration of reform is enhanced." At the historical moment when the whole Party and the people of all ethnic groups in China have embarked on a new journey of building a socialist modern country in an all-round way and marched towards the goal of the second century, legislation should keep pace with the times, closely meet the urgent needs of national governance, meet the growing needs of the people for a better life, update in a timely manner, promote legal reform in the fields of national security, scientific and technological innovation, public health, biological security, ecological civilization and risk prevention, and fill the gaps in the system. In addition to addition, we should also do subtraction. The General Secretary of the Supreme Leader stressed: "The existing laws and regulations that do not meet the requirements of reform should be revised or abolished in time, and some outdated legal provisions should not be allowed to become the stumbling block of reform." In recent years, the number of legislation in China has increased dramatically, and it is also an important task to timely clean up outdated legal normative documents that no longer meet the actual development needs of China.

　　High-quality legislation is an inevitable requirement for building a legal system in Socialism with Chinese characteristics and a socialist country ruled by law. "For the country, the concept of customs legislation is the rule, and it is appropriate to examine the state affairs. If you don’t look at the customs of the times and don’t look at the country, then the law will be established and the people will be chaotic, and the drama will be ineffective. " To strengthen the systematization, integrity, coordination and timeliness of legislation, we must proceed from China’s basic national conditions, which can neither be divorced from reality nor conform to the old rules. At the same time, we should also learn from the world’s outstanding achievements in the rule of law civilization. We should take strengthening the systematicness, integrity, coordination and timeliness of our legislation as an important premise, adhere to the principle of taking myself as the mainstay, using it for ourselves, and critically identifying and rationally absorbing it. Only by adhering to the rule of law in Socialism with Chinese characteristics and realizing high-quality legislation on the rule of law can we ensure the good law and good governance in Socialism with Chinese characteristics.

　　Guangming Daily (November 17, 2022, 06 edition)

Source: Guangming Net-Guangming Daily