V. Political Development and Restructuring

五、政治建设和政治体制改革

Developing socialist democracy and establishing a socialist political civilization are an important goal for building a well-off society in an all-round way. Adhering to the Four Cardinal Principles, we must go on steadily and surely with political restructuring, extend socialist democracy and improve the socialist legal system in order to build a socialist country under the rule of law and consolidate and develop the political situation characterized by democracy, solidarity, liveliness, stability and harmony.

发展社会主义民主政治，建设社会主义政治文明，是全面建设小康社会的重要目标。必须在坚持四项基本原则的前提下，继续积极稳妥地推进政治体制改革，扩大社会主义民主，健全社会主义法制，建设社会主义法治国家，巩固和发展民主团结、生动活泼、安定和谐的政治局面。

Our Party has always deemed it its duty to realize and develop people's democracy. Since the beginning of reform and opening up, we have pressed on with political restructuring and improved socialist democracy. The key to developing socialist democracy is to combine the need to uphold the Party's leadership and to ensure that the people are the masters of the country with the need to rule the country by law. Leadership by the Party is the fundamental guarantee that the people are the masters of the country and that the country is ruled by law. The people being the masters of the country constitutes the essential requirement of socialist democracy. Ruling the country by law is the basic principle the Party pursues while it leads the people in running the country. The CPC is the core of leadership for the cause of socialism with Chinese characteristics. Governance by the Communist Party means that it leads and supports the people in acting as the masters of the country and mobilizes and organizes them on a most extensive scale to manage state and social affairs and economic and cultural undertakings according to law, safeguarding and realizing their fundamental interests. The Constitution and other laws embody the unity of the Party's views and the people's will. All organizations and individuals must act in strict accordance with the law, and none of them are allowed to have the privilege to overstep the Constitution and other laws.

我们党历来以实现和发展人民民主为己任。改革开放以来，我们坚定不移地推进政治体制改革，有力地促进了社会主义民主政治建设。发展社会主义民主政治，最根本的是要把坚持党的领导、人民当家作主和依法治国有机统一起来。党的领导是人民当家作主和依法治国的根本保证，人民当家作主是社会主义民主政治的本质要求，依法治国是党领导人民治理国家的基本方略。中国共产党是中国特色社会主义事业的领导核心。共产党执政就是领导和支持人民当家作主，最广泛地动员和组织人民群众依法管理国家和社会事务，管理经济和文化事业，维护和实现人民群众的根本利益。宪法和法律是党的主张和人民意志相统一的体现。必须严格依法办事，任何组织和个人都不允许有超越宪法和法律的特权。

Political restructuring is the self-improvement and development of the socialist political system. It must help enhance the vitality of the Party and state, demonstrate the features and advantages of the socialist system, give full scope to the initiative and creativity of the people, safeguard national unity, ethnic solidarity and social stability and promote economic development and social progress. We must always proceed from our national conditions, review our experience gained in practice and at the same time learn from the achievements of political civilization of mankind. We should never copy any models of the political system of the West. We must concentrate on institutional improvement and ensure that socialist democracy is institutionalized and standardized and has its procedures.

政治体制改革是社会主义政治制度的自我完善和发展。推进政治体制改革要有利于增强党和国家的活力，发挥社会主义制度的特点和优势，充分调动人民群众的积极性创造性，维护国家统一、民族团结和社会稳定，促进经济发展和社会全面进步。要坚持从我国国情出发，总结自己的实践经验，同时借鉴人类政治文明的有益成果，绝不照搬西方政治制度的模式。要着重加强制度建设，实现社会主义民主政治的制度化、规范化和程序化。

1. Uphold and improve the systems of socialist democracy. It is essential to improve the systems of democracy, develop diverse forms of democracy, expand citizens' participation in political affairs in an orderly way, and ensure that the people go in for democratic elections and decision-making, exercise democratic management and supervision according to law and enjoy extensive rights and freedoms, and that human rights are respected and guaranteed. We should uphold and improve the system of people's congresses and ensure that the congresses and their standing committees exercise their functions according to law and that their legislation and policy decisions better embody the people's will. We should optimize the composition of the standing committees. We should uphold and improve the system of multiparty cooperation and political consultation under the leadership of the Communist Party. We should uphold the principle of "long-term coexistence, mutual supervision, treating each other with all sincerity and sharing weal and woe", step up our cooperation with the democratic parties and better display the features and advantages of the Chinese socialist system of political parties. We will ensure that the Chinese People's Political Consultative Conference (CPPCC) plays its role in political consultation, democratic supervision and participation in and deliberation of state affairs. We will consolidate and develop the broadest possible patriotic united front. We will fully implement the Party's policy toward ethnic minorities, uphold and improve the system of regional ethnic autonomy, consolidate and enhance socialist ethnic relations of equality, solidarity and mutual assistance and promote common prosperity and progress for all our ethnic groups. We will implement the Party's policy toward the freedom of religious belief, handle religious affairs according to law, encourage the adaptability of religions to the socialist society and uphold the principle of self-administration and running religious affairs independently. We will conscientiously carry out the Party's policy toward overseas Chinese affairs.

（一）坚持和完善社会主义民主制度。健全民主制度，丰富民主形式，扩大公民有序的政治参与，保证人民依法实行民主选举、民主决策、民主管理和民主监督，享有广泛的权利和自由，尊重和保障人权。坚持和完善人民代表大会制度，保证人民代表大会及其常委会依法履行职能，保证立法和决策更好地体现人民的意志。优化人大常委会组成人员的结构。坚持和完善共产党领导的多党合作和政治协商制度。坚持“长期共存、互相监督、肝胆相照、荣辱与共”的方针，加强同民主党派合作共事，更好地发挥我国社会主义政党制度的特点和优势。保证人民政协发挥政治协商、民主监督和参政议政的作用。巩固和发展最广泛的爱国统一战线。全面贯彻党的民族政策，坚持和完善民族区域自治制度，巩固和发展平等团结互助的社会主义民族关系，促进各民族共同繁荣进步。全面贯彻党的宗教信仰自由政策，依法管理宗教事务，积极引导宗教与社会主义社会相适应，坚持独立自主自办的原则。认真贯彻党的侨务政策。

Extending democracy at the grassroots level is the groundwork for developing socialist democracy. We will improve grassroots self-governing organizations, their democratic management system and the system of keeping the public informed of matters being handled, and ensure that the people directly exercise their democratic rights according to law, manage grassroots public affairs and programs for public good and exercise democratic supervision over the cadres. We will improve self-governance among villagers and foster a mechanism of their self-governance full of vitality under the leadership of village Party organizations. We will improve self-governance among urban residents and build new-type and well-managed communities featuring civility and harmony. We will uphold and improve the system of workers' conferences and other democratic management systems in enterprises and institutions and protect the legitimate rights and interests of workers.

扩大基层民主，是发展社会主义民主的基础性工作。健全基层自治组织和民主管理制度，完善公开办事制度，保证人民群众依法直接行使民主权利，管理基层公共事务和公益事业，对干部实行民主监督。完善村民自治，健全村党组织领导的充满活力的村民自治机制。完善城市居民自治，建设管理有序、文明祥和的新型社区。坚持和完善职工代表大会和其他形式的企事业民主管理制度，保障职工的合法权益。

2. Improve the socialist legal system. We must see to it that there are laws to go by, the laws are observed and strictly enforced, and law-breakers are prosecuted. To adapt to the new situation characterized by the development of a socialist market economy, all-round social progress and China's accession to the WTO, we will strengthen legislation and improve its quality and will have formulated a socialist system of laws with Chinese characteristics by the year 2010. We must see to it that all people are equal before the law. We should tighten supervision over law enforcement, promote the exercise of administrative functions according to law, safeguard judicial justice and raise the level of law enforcement so that laws are strictly implemented. We must safeguard the uniformity and sanctity of the legal system and prevent or overcome local and departmental protectionism. We will extend and standardize legal services and provide effective legal aid. We should give more publicity to the legal system so that the people are better educated in law. In particular, we will enhance the public servants' awareness of law and their ability to perform their official duties according to law. Party members and cadres, especially leading cadres, should play an exemplary role in abiding by the Constitution and other laws.

（二）加强社会主义法制建设。坚持有法可依、有法必依、执法必严、违法必究。适应社会主义市场经济发展、社会全面进步和加入世贸组织的新形势，加强立法工作，提高立法质量，到二０一０年形成中国特色社会主义法律体系。坚持法律面前人人平等。加强对执法活动的监督，推进依法行政，维护司法公正，提高执法水平，确保法律的严格实施。维护法制的统一和尊严，防止和克服地方和部门的保护主义。拓展和规范法律服务，积极开展法律援助。加强法制宣传教育，提高全民法律素质，尤其要增强公职人员的法制观念和依法办事能力。党员和干部特别是领导干部要成为遵守宪法和法律的模范。

3. Reform and improve the Party's style of leadership and governance. This is a matter of overall significance to improving socialist democracy. Leadership by the Party mainly refers to its political, ideological and organizational leadership. The Party exercises leadership over the state and society by formulating major principles and policies, making suggestions on legislation, recommending cadres for important positions, conducting ideological publicity, giving play to the role of Party organizations and members and persisting in exercising state power according to law. Party committees, playing the role as the core of leadership among all other organizations at corresponding levels, should concentrate on handling important matters and support those organizations in assuming their responsibilities independently and making concerted efforts in their work. We will further reform and improve the Party's working organs and mechanisms. Acting on the principle that the Party commands the overall situation and coordinates the efforts of all quarters, we will standardize relations between Party committees on the one hand and people's congresses, governments, CPPCC committees and mass organizations on the other. We will support people's congresses in performing their functions as organs of state power according to law, in ensuring that the Party's views become the will of the state and that candidates recommended by Party organizations become leading cadres of the organs of state power through legal procedures, and in exercising supervision over them. We will support the government in fulfilling its legal functions and performing its official duties according to law. We will support CPPCC committees in performing their functions by centering on the two major subjects of unity and democracy. We will strengthen the Party's leadership over trade unions, the Communist Youth League organizations, women's federations and other mass organizations and support them in working according to law and their own constitutions and acting as a bridge between the Party and the people.

（三）改革和完善党的领导方式和执政方式。这对于推进社会主义民主政治建设，具有全局性作用。党的领导主要是政治、思想和组织领导，通过制定大政方针，提出立法建议，推荐重要干部，进行思想宣传，发挥党组织和党员的作用，坚持依法执政，实施党对国家和社会的领导。党委在同级各种组织中发挥领导核心作用，集中精力抓好大事，支持各方独立负责、步调一致地开展工作。进一步改革和完善党的工作机构和工作机制。按照党总揽全局、协调各方的原则，规范党委与人大、政府、政协以及人民团体的关系，支持人大依法履行国家权力机关的职能，经过法定程序，使党的主张成为国家意志，使党组织推荐的人选成为国家政权机关的领导人员，并对他们进行监督；支持政府履行法定职能，依法行政；支持政协围绕团结和民主两大主题履行职能。加强对工会、共青团和妇联等人民团体的领导，支持他们依照法律和各自章程开展工作，更好地成为党联系广大人民群众的桥梁和纽带。

4. Reform and improve the decision-making mechanism. Correct decision-making is an important prerequisite for success in all work. We will improve the decision-making mechanism by which decision-makers will go deep among the people and get to know how they are faring, reflect their will, pool their wisdom and value their resources, putting decision-making on a more scientific and democratic basis. Decision-making organs at all levels should improve the rules and procedures for taking major policy decisions, establish a system of reporting social conditions and public opinion, a system of keeping the public informed and a system of public hearings on major issues closely related to the interests of the people, perfect the expert consulting system and implement a verification system and a responsibility system in making policy decisions with a view to preventing arbitrary decision-making.

（四）改革和完善决策机制。正确决策是各项工作成功的重要前提。要完善深入了解民情、充分反映民意、广泛集中民智、切实珍惜民力的决策机制，推进决策科学化民主化。各级决策机关都要完善重大决策的规则和程序，建立社情民意反映制度，建立与群众利益密切相关的重大事项社会公示制度和社会听证制度，完善专家咨询制度，实行决策的论证制和责任制，防止决策的随意性。

5. Deepen administrative restructuring. We should further change the functions of the government, improve the methods of management, introduce e-government, uplift administrative efficiency and reduce costs so as to form an administrative system featuring standardized behaviors, coordinated operation, fairness and transparency, honesty and high efficiency. We should standardize the functions and powers of the Central Government and local authorities according to law and properly handle relations between the departments directly under the Central Government and the local governments. Following the principle of simplification, uniformity and efficiency and meeting the requirements of coordination in decision-making, execution and supervision, we will continue to promote the restructuring of government departments, standardize their functions in a scientific manner, rationalize their set-ups, and optimize their composition in order to delimit the structures and sizes statutorily and solve the problems of too many levels, overlapping functions, overstaffing, divorce between powers and responsibilities and duplicate law enforcement. We will reform the management system of institutions in accordance with the principle of separating the functions of government from those of institutions.

（五）深化行政管理体制改革。进一步转变政府职能，改进管理方式，推行电子政务，提高行政效率，降低行政成本，形成行为规范、运转协调、公正透明、廉洁高效的行政管理体制。依法规范中央和地方的职能和权限，正确处理中央垂直管理部门和地方政府的关系。按照精简、统一、效能的原则和决策、执行、监督相协调的要求，继续推进政府机构改革，科学规范部门职能，合理设置机构，优化人员结构，实现机构和编制的法定化，切实解决层次过多、职能交叉、人员臃肿、权责脱节和多重多头执法等问题。按照政事分开原则，改革事业单位管理体制。

6. Promote the reform of the judicial system. A socialist judicial system must guarantee fairness and justice in the whole society. In accordance with the requirements of judicial justice and strict law enforcement, we should improve the setups of judicial organs, the delimitation of their functions and powers and their management systems so as to form a sound judicial system featuring clearly specified powers and responsibilities, mutual coordination and restraint and highly efficient operation. We should institutionally ensure that the judicial and procuratorial organs are in a position to exercise adjudicative and procuratorial powers independently and impartially according to law. We should improve judicial proceedings and protect the legitimate rights and interests of citizens and legal persons. We should solve the problem of difficult enforcement of judgments. We should reform the working mechanisms of judicial organs and the management system of their human, financial and material resources and gradually separate their judicial adjudication and procuratorial work from their administrative affairs. We will tighten supervision over the judicial work and punish corruption in this field. We will build up a contingent of judicial personnel who are politically steadfast and professionally competent, have a fine style of work and enforce laws impartially.

（六）推进司法体制改革。社会主义司法制度必须保障在全社会实现公平和正义。按照公正司法和严格执法的要求，完善司法机关的机构设置、职权划分和管理制度，进一步健全权责明确、相互配合、相互制约、高效运行的司法体制。从制度上保证审判机关和检察机关依法独立公正地行使审判权和检察权。完善诉讼程序，保障公民和法人的合法权益。切实解决执行难问题。改革司法机关的工作机制和人财物管理体制，逐步实现司法审判和检察同司法行政事务相分离。加强对司法工作的监督，惩治司法领域中的腐败。建设一支政治坚定、业务精通、作风优良、执法公正的司法队伍。