中国共产党第十八届四中全会公报（中、英、法、日、俄、德、西、阿文版）

全会提出，法律是治国之重器，良法是善治之前提。建设中国特色社会主义法治体系，必须坚持立法先行，发挥立法的引领和推动作用，抓住提高立法质量这个关键。要恪守以民为本、立法为民理念，贯彻社会主义核心价值观，使每一项立法都符合宪法精神、反映人民意志、得到人民拥护。要把公正、公平、公开原则贯穿立法全过程，完善立法体制机制，坚持立改废释并举，增强法律法规的及时性、系统性、针对性、有效性。坚持依法治国首先要坚持依宪治国，坚持依法执政首先要坚持依宪执政。健全宪法实施和监督制度，完善全国人大及其常委会宪法监督制度，健全宪法解释程序机制。完善立法体制，加强党对立法工作的领导，完善党对立法工作中重大问题决策的程序，健全有立法权的人大主导立法工作的体制机制，依法赋予设区的市地方立法权。深入推进科学立法、民主立法，完善立法项目征集和论证制度，健全立法机关主导、社会各方有序参与立法的途径和方式，拓宽公民有序参与立法途径。加强重点领域立法，加快完善体现权利公平、机会公平、规则公平的法律制度，保障公民人身权、财产权、基本政治权利等各项权利不受侵犯，保障公民经济、文化、社会等各方面权利得到落实。实现立法和改革决策相衔接，做到重大改革于法有据、立法主动适应改革和经济社会发展需要。

It was stated at the session that the law is an instrument of great value in the governance of a country and good laws are a prerequisite for good governance. To build a socialist rule of law system with Chinese characteristics, we must begin with legislation, allowing legislation to play the role of guiding and driving forward the development of rule of law, and focus on the key task of improving the quality of legislation.

We must stick scrupulously to the idea of putting the people first in legislation and making legislation for them, put into effect the core socialist values, and make sure every piece of legislation is in keeping with the spirit of the Constitution, reflects the will of the people, and is supported by them.

We need to follow the principles of justice, impartiality, and openness throughout the whole legislative process, improve our legislative systems and mechanisms, and place equal emphasis on making new laws, revising existing laws, abolishing those that are unnecessary, and interpreting laws that need clarification in order to make our legislation more up-to-date, systemic, targeted, and effective.

To uphold the law-based governance of the country, first we must adhere to the governance of the country based on the Constitution; to adhere to exercising state power on the basis of the law, first we must adhere to exercising state power on the basis of the Constitution.

We need to improve the systems for implementing the Constitution and for overseeing its implementation, refine the system by which the National People’s Congress and its standing committee exercise oversight over the implementation of the Constitution, and improve the procedures and mechanisms for interpreting the Constitution.

We need to improve the legislative system, strengthen the Party’s leadership over legislative work, improve the procedures by which the Party makes decisions on major legislative issues, improve the systems and mechanisms through which those people’s congresses with legislative power lead legislative work, and on the basis of the law, accord local legislative powers to cities which are divided into districts.

We need to work hard to legislate more effectively and democratically by improving the systems for encouraging the general public to propose items to be legislated on, and for debating legislative items; by improving channels and ways by which legislative bodies lead legislation and other sectors of society participate in an orderly manner; and by expanding the channels through which citizens participate in the legislative process.

We need to strengthen legislation in key areas, and quickly improve legal systems that ensure equal rights and interests, equal opportunities, and fair rules for all; ensure that citizens’ personal rights, property rights, basic political rights and other forms of rights are inviolable; and ensure that citizens’ economic, cultural, and social rights are respected.

We must coordinate our legislative work with our decisions on reform to make sure that all of our major reforms have a legal basis, and that legislative work is carried out proactively to meet the needs of reform, as well as economic and social development.

全会提出，法律的生命力在于实施，法律的权威也在于实施。各级政府必须坚持在党的领导下、在法治轨道上开展工作，加快建设职能科学、权责法定、执法严明、公开公正、廉洁高效、守法诚信的法治政府。依法全面履行政府职能，推进机构、职能、权限、程序、责任法定化，推行政府权力清单制度。健全依法决策机制，把公众参与、专家论证、风险评估、合法性审查、集体讨论决定确定为重大行政决策法定程序，建立行政机关内部重大决策合法性审查机制，建立重大决策终身责任追究制度及责任倒查机制。深化行政执法体制改革，健全行政执法和刑事司法衔接机制。坚持严格规范公正文明执法，依法惩处各类违法行为，加大关系群众切身利益的重点领域执法力度，建立健全行政裁量权基准制度，全面落实行政执法责任制。强化对行政权力的制约和监督，完善纠错问责机制。全面推进政务公开，坚持以公开为常态、不公开为例外原则，推进决策公开、执行公开、管理公开、服务公开、结果公开。

It was pointed out at the session that the very life and authority of the law lie in its implementation. Governments at all levels must carry out their work under the Party’s leadership and in line with the rule of law, and move more quickly to become rule of law governments which have well-defined functions and legal powers and responsibilities, ensure that the law is strictly administered, are open and impartial, operate efficiently and free from corruption, and are more credible and law-abiding. The government must exercise all its functions in accordance with the law; work to codify its structure, functions, powers, procedures, and responsibilities into law; and exercise powers that are clearly defined.

We must improve law-based decision-making mechanisms; include public participation, expert evaluation, risk assessment, legality review, and collective discussion and decision making into the legal procedures for making major administrative decisions; and establish a mechanism for administrative agencies to review the legality of their major decisions, a lifelong accountability system for major decisions, and a mechanism to hold people accountable retrospectively for their decisions.

We must deepen structural reform in law enforcement by administrative agencies and improve the mechanism for coordinating administrative enforcement of law with the administration of criminal justice.

We must ensure that law is administered in a strict, standardized, impartial, and civil manner; punish all types of illegal behavior in accordance with the law; intensify law enforcement in key areas involving people’s immediate interests; establish a sound system of administrative discretion standards; and fully implement the accountability system for law enforcement by administrative agencies.

We must strengthen limits on administrative powers and increase oversight of the exercise of these powers, and improve remedial and accountability mechanisms. We must build transparency into government work across the board, uphold the principle of always remaining transparent other than in exceptional cases, and ensure that decisionmaking, implementation, management, services, and outcomes are all open to the public.

全会提出，公正是法治的生命线。司法公正对社会公正具有重要引领作用，司法不公对社会公正具有致命破坏作用。必须完善司法管理体制和司法权力运行机制，规范司法行为，加强对司法活动的监督，努力让人民群众在每一个司法案件中感受到公平正义。完善确保依法独立公正行使审判权和检察权的制度，建立领导干部干预司法活动、插手具体案件处理的记录、通报和责任追究制度，建立健全司法人员履行法定职责保护机制。优化司法职权配置，推动实行审判权和执行权相分离的体制改革试点，最高人民法院设立巡回法庭，探索设立跨行政区划的人民法院和人民检察院，探索建立检察机关提起公益诉讼制度。推进严格司法，坚持以事实为根据、以法律为准绳，推进以审判为中心的诉讼制度改革，实行办案质量终身负责制和错案责任倒查问责制。保障人民群众参与司法，在司法调解、司法听证、涉诉信访等司法活动中保障人民群众参与，完善人民陪审员制度，构建开放、动态、透明、便民的阳光司法机制。加强人权司法保障。加强对司法活动的监督，完善检察机关行使监督权的法律制度，加强对刑事诉讼、民事诉讼、行政诉讼的法律监督，完善人民监督员制度，绝不允许法外开恩，绝不允许办关系案、人情案、金钱案。

It was stated at the session that justice is the lifeblood of the rule of law. Judicial justice greatly encourages social justice, while judicial injustice cripples it. We must improve the system for managing the judiciary and the mechanisms for the exercise of judicial powers, standardize judicial behavior, tighten oversight of judicial activities, and make every effort to ensure that the people feel justice is served in every case that comes before the court.

We must improve the system for ensuring independent and impartial exercise of judicial and procuratorial powers in accordance with the law; develop a system of record keeping, reporting, and accountability to deal with intervention in judicial activities by officials, especially in the handling of cases; and establish a sound mechanism for protecting judicial officers in performing their legally mandated duties.

We must improve the allocation of judicial functions and powers, carry out pilot reforms in separating judicial from executive power, establish circuit courts under the Supreme People’s Court, explore the establishment of people’s courts and people’s procuratorates whose jurisdiction extends beyond administrative divisions, and search for ways to build a system of procuratorates handling public interest litigation.

We must press ahead with the strict administration of justice; remain committed to carrying out judgment on the basis of facts and law; implement reform of the litigation process focusing on courtroom hearings; and adopt a lifelong accountability system to guarantee the quality handling of cases and a system to retrospectively hold judges accountable for erroneous rulings.

We must guarantee the people’s participation in the administration of justice, particularly in judicial mediation, judicial hearings, and complaints about litigation-related issues filed through letters and visits; improve the system of people’s assessors; and create a mechanism that keeps the judiciary “in the sunshine,” making it open, dynamic, transparent, and convenient for the public to access.

We must provide stronger judicial protection of human rights. We must tighten oversight of judicial activities; improve the legislation regarding the exercise of supervisory power by procuratorates; increase legal oversight of criminal, civil, and administrative litigation; improve the system of people’s supervisors; and make it absolutely impermissible to show leniency beyond the law, or handle any case which is in any way influenced by guanxi, personal favors, or money.

全会提出，法律的权威源自人民的内心拥护和真诚信仰。人民权益要靠法律保障，法律权威要靠人民维护。必须弘扬社会主义法治精神，建设社会主义法治文化，增强全社会厉行法治的积极性和主动性，形成守法光荣、违法可耻的社会氛围，使全体人民都成为社会主义法治的忠实崇尚者、自觉遵守者、坚定捍卫者。推动全社会树立法治意识，深入开展法治宣传教育，把法治教育纳入国民教育体系和精神文明创建内容。推进多层次多领域依法治理，坚持系统治理、依法治理、综合治理、源头治理，深化基层组织和部门、行业依法治理，支持各类社会主体自我约束、自我管理，发挥市民公约、乡规民约、行业规章、团体章程等社会规范在社会治理中的积极作用。建设完备的法律服务体系，推进覆盖城乡居民的公共法律服务体系建设，完善法律援助制度，健全司法救助体系。健全依法维权和化解纠纷机制，建立健全社会矛盾预警机制、利益表达机制、协商沟通机制、救济救助机制，畅通群众利益协调、权益保障法律渠道。完善立体化社会治安防控体系，保障人民生命财产安全。

It was also stated at the session that the authority of the law comes from the people’s heartfelt support for and faith in it. People’s rights and interests need to be safeguarded by the law, and the authority of the law needs to be upheld by the people. We must promote the socialist rule of law, develop a socialist rule of law culture, encourage all members of society to show greater enthusiasm for and initiative in promoting the rule of law, and create an atmosphere in which people feel it is honorable to abide by the law while disgraceful to break the law, so that all our people will faithfully advocate, consciously observe, and firmly safeguard the socialist rule of law.

We need to help all of society to develop awareness about the rule of law, intensify publicity and education in this regard, and incorporate such education into the national education system and our initiatives on cultural and ethical progress.

We need to advance law-based governance at multiple levels and in different sectors; remain committed to practicing systemic governance, law-based governance, comprehensive governance, and governance that addresses the root causes of problems; intensify law-based governance in community-level organizations, as well as government departments and industries; support all kinds of entities in exercising self-restraint and self-management; and make use of the positive role that codes of conduct for citizens, industry rules and regulations, charters of organizations, and other social norms can play in social governance.

We need to establish a complete system of legal services, develop the public legal service system for both urban and rural populations, and improve the systems of legal aid and judicial assistance. We need to improve the mechanisms for people to defend their rights and resolve their disputes in accordance with the law; establish sound mechanisms for giving early warning about social conflicts, for allowing people to express their interests, for carrying out negotiation and communication, and for providing legal remedies and assistance; and open up legal channels for coordinating interests among the people and for protecting their rights and interests. We need to improve the multi-dimensional system for crime prevention and control, and protect the life and property of the people.