加快建设社会主义法治国家
Accelerating the Establishment of Socialist Rule of Law in China
习近平
Xi Jinping
坚定不移走中国特色社会主义法治道路
Remaining committed to the path of socialist rule of law with Chinese characteristics
全面推进依法治国，必须走对路。如果路走错了，南辕北辙了，那再提什么要求和举措也都没有意义了。全会决定有一条贯穿全篇的红线，这就是坚持和拓展中国特色社会主义法治道路。中国特色社会主义法治道路是一个管总的东西。具体讲我国法治建设的成就，大大小小可以列举出十几条、几十条，但归结起来就是开辟了中国特色社会主义法治道路这一条。
In comprehensively advancing the rule of law in China, it is imperative that we take the right path. A wrong path will take us to the very opposite of what we are trying to accomplish and, if that happens, no requirement or measure we introduce will mean anything. There is a core theme that runs through the resolution we have adopted at this plenary session, and that is the necessity of keeping to and expanding the path of socialist rule of law with Chinese Characteristics. This path constitutes an overall guideline. That is to say, China has made dozens of achievements in its efforts to establish the rule of law, some large and some small. But ultimately these achievements boil down to one thing, and that is the path of socialist rule of law with Chinese Characteristics.
恩格斯说过：“一个新的纲领毕竟总是一面公开树立起来的旗帜，而外界就根据它来判断这个党。”推进任何一项工作，只要我们党旗帜鲜明了，全党都行动起来了，全社会就会跟着走。一个政党执政，最怕的是在重大问题上态度不坚定，结果社会上对有关问题沸沸扬扬、莫衷一是，别有用心的人趁机煽风点火、蛊惑搅和，最终没有不出事的！所以，道路问题不能含糊，必须向全社会释放正确而又明确的信号。
Engels once said, “A new program is after all a banner planted in public, and the outside world judges the party by it.” In any initiative we introduce, the public will stand behind the CPC as long as its banner is clear and its members step into action. The worst mistake a governing party can commit is to show indecisiveness on matters of extreme importance, standing by as the public debate rages on and division grows. Consequently, those with ulterior motives will fan the flames of discontent, lead the public astray, and stir up trouble. In the end a mishap is bound to occur! So, there is no room for ambiguity in the question of our path. We must send a clear and correct signal to the public.
这次全会部署全面推进依法治国，是我们党在治国理政上的自我完善、自我提高，不是在别人压力下做的。在坚持和拓展中国特色社会主义法治道路这个根本问题上，我们要树立自信、保持定力。走中国特色社会主义法治道路是一个重大课题，有许多东西需要深入探索，但基本的东西必须长期坚持。
The decision to lay out plans for comprehensively advancing the rule of law at this plenary session reflects the CPC’s will to enhance its capacity for national governance. This is not something that we have been pressured into doing. On the fundamental issue of keeping to and expanding the path of socialist rule of law with Chinese Characteristics, we need to demonstrate both confidence and resolve. This is a major proposition, and there are many things that will need to be explored and considered in depth. But the fundamental elements of this path must be permanently upheld.
第一，必须坚持中国共产党的领导。
First, we must uphold the leadership of the CPC.
党的领导是中国特色社会主义最本质的特征，是社会主义法治最根本的保证。坚持中国特色社会主义法治道路，最根本的是坚持中国共产党的领导。依法治国是我们党提出来的，把依法治国上升为党领导人民治理国家的基本方略也是我们党提出来的，而且党一直带领人民在实践中推进依法治国。全面推进依法治国，要有利于加强和改善党的领导，有利于巩固党的执政地位、完成党的执政使命，决不是要削弱党的领导。
Leadership by the CPC is the underlying feature of socialism with Chinese characteristics and the most fundamental guarantee for socialist rule of law. In upholding the path of socialist rule of law with Chinese Characteristics, the most important thing is that we uphold the leadership of the CPC. The CPC was the first to propose the rule of law in China; and the first to propose enshrining it as a fundamental principle by which the Party leads the people in governing the country. In addition, the CPC has been leading the people in advancing the rule of law in practice. Therefore, our efforts to comprehensively advance the rule of law in China must be conducive to strengthening and improving the leadership of the CPC, to bolstering its position as the governing party, and to accomplishing its mission in governing the country. In absolutely no way does this amount to weakening the leadership of the CPC.
坚持党的领导，是社会主义法治的根本要求，是全面推进依法治国题中应有之义。要把党的领导贯彻到依法治国全过程和各方面，坚持党的领导、人民当家作主、依法治国有机统一。只有在党的领导下依法治国、厉行法治，人民当家作主才能充分实现，国家和社会生活法治化才能有序推进。
Leadership by the CPC is a fundamental requirement of the socialist rule of law, and an integral part of our efforts to comprehensively advance the rule of law in China. We need to build CPC leadership into all aspects and processes of law-based governance, ensuring that an organic balance can be maintained between the leadership of the Party, the position of the people as masters of the country, and the rule of law. Only when the rule of law is enforced strictly under the leadership of the CPC will the people fully realize their role as masters of the country, and only then will the introduction of the rule of law into national and social affairs take place smoothly.
坚持党的领导，不是一句空的口号，必须具体体现在党领导立法、保证执法、支持司法、带头守法上。一方面，要坚持党总揽全局、协调各方的领导核心作用，统筹依法治国各领域工作，确保党的主张贯彻到依法治国全过程和各方面。另一方面，要改善党对依法治国的领导，不断提高党领导依法治国的能力和水平。党既要坚持依法治国、依法执政，自觉在宪法法律范围内活动，又要发挥好各级党组织和广大党员、干部在依法治国中的政治核心作用和先锋模范作用。
Leadership by the CPC is not an empty slogan, but something that must be manifested in practice through the CPC’s endeavors to lead legislation, ensure law enforcement, support the administration of justice, and lead the way in abiding by the law. On the one hand, we need to preserve CPC’s core role in exercising overall leadership and coordinating various efforts; bring all aspects of law-based governance under CPC’s overall planning; and ensure that CPC’s propositions are integrated into all aspects and processes of the rule of law. On the other hand, we need to improve CPC’s leadership over law-based governance in China, continually raising its capacity to lead in this regard. Not only must the CPC commit to governing in accordance with the law, confining its activities to the boundaries stipulated by the Constitution and law; but it must also fully exert the role of Party organizations, members, and officials as a leading political core and pioneer for enforcing the rule of law.
第二，必须坚持人民主体地位。
Second, we must uphold the principal position of the people.
我国社会主义制度保证了人民当家作主的主体地位，也保证了人民在全面推进依法治国中的主体地位。这是我们的制度优势，也是中国特色社会主义法治区别于资本主义法治的根本所在。
China’s socialist system ensures that the people assume the principal position as masters of the country. It also ensures that the people are the primary actors in comprehensively advancing the rule of law. This is a superiority of our system, and the fundamental distinction between socialist rule of law with Chinese characteristics and capitalist rule of law.
坚持人民主体地位，必须坚持法治为了人民、依靠人民、造福人民、保护人民。要保证人民在党的领导下，依照法律规定，通过各种途径和形式管理国家事务，管理经济和文化事业，管理社会事务。要把体现人民利益、反映人民愿望、维护人民权益、增进人民福祉落实到依法治国全过程，使法律及其实施充分体现人民意志。
To uphold the people’s principal position in the country, we must commit to the principle that the rule of law is for the people, dependent on the people, beneficial to the people, and there to protect the people. We must ensure that the people, under the leadership of the CPC, are able to administer state affairs and manage economic, cultural, and social affairs through various channels and in various ways as provided by law. Moreover, we must integrate the requirements of representing the people’s interests, reflecting their wishes, protecting their rights, and furthering their wellbeing into the whole process of our law-based governance, ensuring that the will of the people is embodied not just in laws themselves but also in their enforcement.
人民权益要靠法律保障，法律权威要靠人民维护。要充分调动人民群众投身依法治国实践的积极性和主动性，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，使尊法、信法、守法、用法、护法成为全体人民的共同追求。
Just as the rights and interests of the people are protected by the law, the authority of the law must be maintained by the people. We need to motivate the public to actively involve themselves in the practice of the rule of law; enable the people as a whole to become loyal advocates, conscientious observers, and resolute defenders of socialist rule of law; and ensure that all people share a common aspiration to respect the law, trust the law, observe the law, apply the law, and defend the law.
第三，必须坚持法律面前人人平等。
Third, we must uphold the principle that all are equal before the law.
平等是社会主义法律的基本属性，是社会主义法治的基本要求。坚持法律面前人人平等，必须体现在立法、执法、司法、守法各个方面。任何组织和个人都必须尊重宪法法律权威，都必须在宪法法律范围内活动，都必须依照宪法法律行使权力或权利、履行职责或义务，都不得有超越宪法法律的特权。任何人违反宪法法律都要受到追究，绝不允许任何人以任何借口任何形式以言代法、以权压法、徇私枉法。
Equality is a basic attribute of socialist law and a fundamental requirement of socialist rule of law. The principle that all are equal before the law must be reflected in all aspects of legislation, law enforcement, judicial practice, and law abidance. All organizations and individuals must respect the authority of the Constitution and law; confine their activities to the boundaries prescribed by the Constitution and law; and exercise powers, enjoy rights, perform duties, and fulfill obligations in accordance with the Constitution and law. No organization or individual shall be permitted to enjoy special privileges that place them above the Constitution and law. Whoever violates the Constitution and law must face punishment. Under no circumstances can any individual, under any pretext or in any way, be allowed to arbitrarily override the law, place their power above the authority of the law, or bend the law for their own personal gain.
各级领导干部在推进依法治国方面肩负着重要责任。现在，一些党员、干部仍然存在人治思想和长官意识，认为依法办事条条框框多、束缚手脚，凡事都要自己说了算，根本不知道有法律存在，大搞以言代法、以权压法。这种现象不改变，依法治国就难以真正落实。必须抓住领导干部这个“关键少数”，首先解决好思想观念问题，引导各级干部深刻认识到，维护宪法法律权威就是维护党和人民共同意志的权威，捍卫宪法法律尊严就是捍卫党和人民共同意志的尊严，保证宪法法律实施就是保证党和人民共同意志的实现。
Leading officials at all levels have an important responsibility to assume in advancing the rule of law. At present, there are still Party members and officials who think that the country is under the rule of individuals, who think that they are the ones in charge, and who think that conducting affairs in accordance with the law is overly complicated and unnecessarily restricting. Convinced that they have the final say in everything, they are totally oblivious to the existence of the law, and are bent on overriding it with their authority at every turn. Not until this state of affairs is addressed will we stand a chance of genuinely realizing the rule of law. It is therefore imperative that we gain a hold of the “critical minority” constituted by leading officials. First of all, we need to make sure that they have the right mindset. We must enable officials at all levels to understand that upholding the authority of the Constitution and law means upholding the authority of the common will of the CPC and the people; that safeguarding the inviolability of the Constitution and law means safeguarding the inviolability of the common will of the CPC and the people; and that guaranteeing the enforcement of the Constitution and law means guaranteeing the realization of the common will of the CPC and the people.
我们必须认认真真讲法治、老老实实抓法治。各级领导干部要对法律怀有敬畏之心，带头依法办事，带头遵守法律，不断提高运用法治思维和法治方式深化改革、推动发展、化解矛盾、维护稳定能力。如果在抓法治建设上喊口号、练虚功、摆花架，只是叶公好龙，并不真抓实干，短时间内可能看不出什么大的危害，一旦问题到了积重难返的地步，后果就是灾难性的。对各级领导干部，不管什么人，不管涉及谁，只要违反法律就要依法追究责任，绝不允许出现执法和司法的“空挡”。要把法治建设成效作为衡量各级领导班子和领导干部工作实绩重要内容，把能不能遵守法律、依法办事作为考察干部重要依据。
It is essential that we are earnest in our efforts to promote and enforce the rule of law. Leading officials at all levels must have reverence for the law, lead the way in conducting affairs in accordance with the law, and set a good example in observing the law. They must strive to become more adept at using law-based thinking and approaches to deepen the reform, promote development, resolve conflicts, and maintain stability. In the short term, it might not appear harmful to simply shout out slogans, put on appearances, and feign support as opposed to taking real action. But the moment problems grow beyond our ability to deal with them, the consequences of our inaction will be catastrophic. Therefore, no matter who they are or who is involved, officials who break the law must be held legally accountable for their actions. Under no circumstances can we tolerate the existence of a “neutral gear” in our law enforcement and judicial practice. We need to identify progress in law-based governance as an important criterion in the performance appraisals of leading bodies and officials at all levels. At the same time, we need to make compliance with the law and conducting affairs in accordance with the law an important area of consideration in the performance assessment of individual officials.
第四，必须坚持依法治国和以德治国相结合。
Fourth, we must persist in a joint commitment to rule of law and rule of virtue.
法律是成文的道德，道德是内心的法律，法律和道德都具有规范社会行为、维护社会秩序的作用。治理国家、治理社会必须一手抓法治、一手抓德治，既重视发挥法律的规范作用，又重视发挥道德的教化作用，实现法律和道德相辅相成、法治和德治相得益彰。
Laws are moral values that have been carved into stone, while moral values are laws that we follow in our hearts. Both laws and moral values possess the power to regulate social behavior and preserve social order. Therefore, in running our country and society, we need to lay emphasis on both the rule of law and the rule of virtue, not only highlighting the normative function of law, but also valuing the educational function of virtue, so that law and virtue promote each other and rule of law and rule of virtue reinforce each other.
发挥好法律的规范作用，必须以法治体现道德理念、强化法律对道德建设的促进作用。一方面，道德是法律的基础，只有那些合乎道德、具有深厚道德基础的法律才能为更多人所自觉遵行。另一方面，法律是道德的保障，可以通过强制性规范人们行为、惩罚违法行为来引领道德风尚。要注意把一些基本道德规范转化为法律规范，使法律法规更多体现道德理念和人文关怀，通过法律的强制力来强化道德作用、确保道德底线，推动全社会道德素质提升。
To effectively exert the normative function of the law, we must ensure that the rule of law gives expression to moral values and that the law better promotes the cultivation of morality. Moral values constitute the foundation of the law. This means that only laws that conform to moral values and have deep moral foundations will be consciously observed by the majority of the people. The law, on the other hand, serves to safeguard moral values. This means that good civic morality can be fostered through the compulsory regulation of people’s behavior and the punishment of those who break the law. We need to pay more attention to turning basic moral values and conventions into laws and regulations, ensuring that our laws and regulations are more representative of moral values and humanistic spirit. At the same time, we need to draw upon the mandatory force of the law to reinforce morals and ensure the basic moral standards, so as to enhance the overall moral fabric of our society.
发挥好道德的教化作用，必须以道德滋养法治精神、强化道德对法治文化的支撑作用。再多再好的法律，必须转化为人们内心自觉才能真正为人们所遵行。“不知耻者，无所不为。”没有道德滋养，法治文化就缺乏源头活水，法律实施就缺乏坚实社会基础。在推进依法治国过程中，必须大力弘扬社会主义核心价值观，弘扬中华传统美德，培育社会公德、职业道德、家庭美德、个人品德，提高全民族思想道德水平，为依法治国创造良好人文环境。
To effectively exert the educational function of virtue, we must draw on virtue as a means of nurturing the rule of law and strengthen the role of morality as a pillar of rule of law culture. No matter how many laws we make, or how good those laws are, people will only genuinely abide by them once they have become ingrained in their subconscious. As the saying goes, “A person without shame knows no limits.” Without the nutrition that virtue provides, rule of law culture will have nothing to sustain it, and we will lack a solid social foundation on which to enforce our laws. As we advance the rule of law in China, it is imperative that we vigorously promote our core socialist values; carry forward traditional Chinese virtues; and cultivate social morality, professional ethics, family values, and the moral integrity of individuals. By raising the moral integrity of our people as a whole, we will create a favorable humanistic environment to underpin the rule of law in China.
第五，必须坚持从中国实际出发。
Fifth, we must proceed from China’s specific situation.
走什么样的法治道路、建设什么样的法治体系，是由一个国家的基本国情决定的。“为国也，观俗立法则治，察国事本则宜。不观时俗，不察国本，则其法立而民乱，事剧而功寡。”全面推进依法治国，必须从我国实际出发，同推进国家治理体系和治理能力现代化相适应，既不能罔顾国情、超越阶段，也不能因循守旧、墨守成规。
The way a country approaches the rule of law and the kind of rule of law system it builds is determined by that country’s national conditions. In the Book of Lord Shang it is written: “In governing a country, a wise ruler establishes laws through observing popular customs, thus bringing order. He understands the fundamentals of the land he rules, thus implementing appropriate policies. Where the customs of the times are ignored and the fundamentals of the land neglected, the people will descend into disorder even when laws are made. And he may be kept busy but will achieve little.” The effort to comprehensively advance the rule of law must, therefore, be carried out on the basis of China’s realities and in line with our push to modernize the country’s governance system and governance capacity. In this effort, we can neither afford to disregard our country’s national conditions and race ahead of ourselves, nor can we afford to simply stick to old ways and guard old conventions.
坚持从实际出发，就是要突出中国特色、实践特色、时代特色。要总结和运用党领导人民实行法治的成功经验，围绕社会主义法治建设重大理论和实践问题，不断丰富和发展符合中国实际、具有中国特色、体现社会发展规律的社会主义法治理论，为依法治国提供理论指导和学理支撑。我们的先人们早就开始探索如何驾驭人类自身这个重大课题，春秋战国时期就有了自成体系的成文法典，汉唐时期形成了比较完备的法典。我国古代法制蕴含着十分丰富的智慧和资源，中华法系在世界几大法系中独树一帜。要注意研究我国古代法制传统和成败得失，挖掘和传承中华法律文化精华，汲取营养、择善而用。
To proceed on the basis of our country’s realities, we need to give emphasis to what is especially Chinese, practical, and contemporary. We need to identify and apply successful practices that the CPC has developed during its efforts to lead the people in implementing the rule of law. With a view to addressing major theoretical and practical issues in the development of socialist rule of law, we must work constantly to develop and enrich a socialist rule of law theory that conforms to China’s realities, displays Chinese characteristics, and reflects the objective laws of social development, so as to underpin the rule of law in China with sound theoretical guidance and support. Long ago, our ancestors began to ponder the question of how human behavior could best be reined in. China’s first systematically compiled laws appeared as early as the Spring and Autumn and Warring States Periods (770-221 BC). In the years from the Han Dynasty to the Tang Dynasty (202 BC-AD 907), China succeeded in establishing what was essentially a fully-developed set of written laws. The legal system of ancient China embodied a huge wealth of knowledge and wisdom, allowing it to occupy a unique place among the major legal systems of the world. We need to take note of the successes and failures of China’s ancient legal traditions, identify, extract, and promote the very finest elements of China’s traditional legal culture, and selectively integrate these elements into our present initiatives.
坚持从我国实际出发，不等于关起门来搞法治。法治是人类文明的重要成果之一，法治的精髓和要旨对于各国国家治理和社会治理具有普遍意义，我们要学习借鉴世界上优秀的法治文明成果。但是，学习借鉴不等于是简单的拿来主义，必须坚持以我为主、为我所用，认真鉴别、合理吸收，不能搞“全盘西化”，不能搞“全面移植”，不能照搬照抄。
Proceeding on the basis of our country’s realities does not mean that we can develop the rule of law in isolation from the rest of the world. The rule of law is one of the most important accomplishments of human civilization. Its core essence and purpose have penetrating implications for the national and social governance of all countries in the world. We must, therefore, learn from the fine achievements of other countries in the development of the rule of law. However, learning from others does not amount to simply copying them. Putting our own needs first, we must carefully discern between the good and the bad and adopt the practices of others within reason. Under no circumstances can we engage in “all-out Westernization,” “complete transplant” of the systems of others, or copy from other countries indiscriminately.
来源：求是
心译翻译工作室
