Party is not above Constitution
Updated: 2014-10-31 07:56
By Hu Xingjian(China Daily)
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The preface to the Constitution acknowledges the CPC as the country's governing party and asserts that multi-party cooperation will be developed and political consultation will be held under the leadership of the CPC. This means it is the Constitution that bestows on the CPC the power to lead the country, which makes the CPC's leadership in China a legally binding reality.
As the governing party and the leader of China's socialist revolution, the Party has been working to improve its governance for the benefit of the country and the people. Given China's history and existing conditions, "top to bottom" efforts are needed to strengthen the rule of law, which is not possible without the advanced and enlightened leadership of the Party.
As top leader Xi Jinping said, to forge iron, the hammer must be harder than the iron. To fulfill its responsibility of strengthening the rule of law, the CPC must first strengthen itself, especially its structure and inner-party system.
The plenum resolution says the Party will improve its internal regulatory system as part of the efforts to establish socialist rule of law with Chinese characteristics, which, in turn, will boost the Party's capability of governance.
The CPC's leadership and its efforts to strengthen the rule of law do not mean it is above the law. It means the CPC is the most competent and best suited body to achieve the task of establishing socialist rule of law with Chinese characteristics. Western observers must know that no organization or individual, including the CPC and its members, violating the Constitution will go unpunished.
In terms of legislation, the Party's leadership is aimed at improving the decision-making process to ensure that every new law is in accordance with the spirit of the Constitution and people's will.
The Party's leadership in strengthening the rule of law will also help develop a law-abiding government and ensure that it functions transparently. Moreover, the Party's leadership will be critical in building an independent judicial and prosecutorial system, and preventing government leaders from intervening in legal cases.
The author is an associate professor at the Southwest University of Political Science and Law, Chongqing.
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