SCIO briefing on the Decisions of the 4th Plenary Session of the 18th CPC Central Committee
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E-mail China.org.cn, October 30, 2014
China Radio International:
Could you please illustrate the basic content of the "socialist rule of law system?" What is the relationship between it and building a "country under the socialist rule of law?"
Jiang Wei:
The Decisions announced that the general target of "comprehensively advancing the rule of law" is the establishment of a system serving the socialist rule of law with Chinese characteristics, and the building of a country under the socialist rule of law. The socialist system of law is the main symbol of "rule of law", and the country under the socialist rule of law is the result of "rule of law."
As descriptions of the target, "the country under the rule of law" is less concrete than the "socialist system of law." The socialist system of law is a multi-faceted, dynamic, organic and complete system, including legislation, law enforcement, jurisdiction and abiding by law, and reflecting the overall requirement of the rule of law. By means of the five systems, namely, a complete law and regulation system, an efficient legal implementation system, a strict legal supervision system, a powerful legal guarantee system, and a sound inner-party legal system, the general target of "rule of law" can be seen, felt, and evaluated by the general public. The system guides the overall situation and encompasses each and every side, and plays a leading role for "comprehensively advancing the rule of law."
The general target is a theoretical innovation made by the CPC on legal construction, an institutional design to improve the national governance system, and also a practical requirement for comprehensively advancing the rule of law.
Hong Kong Wen Wei Po:
My question is, some scholars working in the legal field proposed to build a community of legal professionals. The Plenary Session this time also proposed to put together a team of legal personnel that is more standardized and professional. What is the relationship between the two? Thanks.
Jiang Wei:
The legal professionals' community is comprised of people who work in the legal field. They have the same academic knowledge, faith in the law, qualifications and professional ethics, which makes them a "community." It is often based on legal practices.
The Decisions, however, does not adopt the term. It came up with a broader one, which includes legislation, law enforcement, jurisdiction, legal services, law education and so on.
In order to promote the standardization and professionalization of the legal professional team, the Decisions puts forward a series of major measures. First, improving the unified test system for legal practice qualifications. Second, establishing a system that offers pre-service training for legal professionals. Third, exploring the establishment of a sound and open exchange system for legal professionals in order to recruit qualified lawyers and legal experts to work in legislation or as judges and prosecutors. Fourth, smoothing the communication channels among personnel in the field of legislation, law enforcement, jurisdiction as well as legal professionals. Fifth, speeding up the establishment of a management system for legal professionals which is in line with professional characteristics.
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