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V. Political Development and Restructuring

五、政治建設和政治體制改革

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.

發展社會主義民主政治，建設社會主義政治文明，是全面建設小康社會的重要目標。必須在堅持四項基本原則的前提下，繼續積極穩妥地推進政治體制改革，擴大社會主義民主，健全社會主義法制，建設社會主義法治國家，鞏固和發展民主團結、生動活潑、安定和諧的政治局面。

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.

我們黨歷來以實現和發展人民民主為己任。改革開放以來，我們堅定不移地推進政治體制改革，有力地促進了社會主義民主政治建設。發展社會主義民主政治，最根本的是要把堅持黨的領導、人民當家作主和依法治國有機統一起來。黨的領導是人民當家作主和依法治國的根本保證，人民當家作主是社會主義民主政治的本質要求，依法治國是黨領導人民治理國家的基本方略。中國共產黨是中國特色社會主義事業的領導核心。共產黨執政就是領導和支持人民當家作主，最廣泛地動員和組織人民群眾依法管理國家和社會事務，管理經濟和文化事業，維護和實現人民群眾的根本利益。憲法和法律是黨的主張和人民意志相統一的體現。必須嚴格依法辦事，任何組織和個人都不允許有超越憲法和法律的特權。

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.

政治體制改革是社會主義政治制度的自我完善和發展。推進政治體制改革要有利于增強黨和國家的活力，發揮社會主義制度的特點和優勢，充分調動人民群眾的積極性創造性，維護國家統一、民族團結和社會穩定，促進經濟發展和社會全面進步。要堅持從我國國情出發，總結自己的實踐經驗，同時借鑒人類政治文明的有益成果，絕不照搬西方政治制度的模式。要著重加強制度建設，實現社會主義民主政治的制度化、規范化和程序化。

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）堅持和完善社會主義民主制度。健全民主制度，豐富民主形式，擴大公民有序的政治參與，保證人民依法實行民主選舉、民主決策、民主管理和民主監督，享有廣泛的權利和自由，尊重和保障人權。堅持和完善人民代表大會制度，保證人民代表大會及其常委會依法履行職能，保證立法和決策更好地體現人民的意志。優化人大常委會組成人員的結構。堅持和完善共產黨領導的多黨合作和政治協商制度。堅持“長期共存、互相監督、肝膽相照、榮辱與共”的方針，加強同民主黨派合作共事，更好地發揮我國社會主義政黨制度的特點和優勢。保證人民政協發揮政治協商、民主監督和參政議政的作用。鞏固和發展最廣泛的愛國統一戰線。全面貫徹黨的民族政策，堅持和完善民族區域自治制度，鞏固和發展平等團結互助的社會主義民族關系，促進各民族共同繁榮進步。全面貫徹黨的宗教信仰自由政策，依法管理宗教事務，積極引導宗教與社會主義社會相適應，堅持獨立自主自辦的原則。認真貫徹黨的僑務政策。

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.

擴大基層民主，是發展社會主義民主的基礎性工作。健全基層自治組織和民主管理制度，完善公開辦事制度，保證人民群眾依法直接行使民主權利，管理基層公共事務和公益事業，對干部實行民主監督。完善村民自治，健全村黨組織領導的充滿活力的村民自治機制。完善城市居民自治，建設管理有序、文明祥和的新型社區。堅持和完善職工代表大會和其他形式的企事業民主管理制度，保障職工的合法權益。

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）加強社會主義法制建設。堅持有法可依、有法必依、執法必嚴、違法必究。適應社會主義市場經濟發展、社會全面進步和加入世貿組織的新形勢，加強立法工作，提高立法質量，到二０一０年形成中國特色社會主義法律體系。堅持法律面前人人平等。加強對執法活動的監督，推進依法行政，維護司法公正，提高執法水平，確保法律的嚴格實施。維護法制的統一和尊嚴，防止和克服地方和部門的保護主義。拓展和規范法律服務，積極開展法律援助。加強法制宣傳教育，提高全民法律素質，尤其要增強公職人員的法制觀念和依法辦事能力。黨員和干部特別是領導干部要成為遵守憲法和法律的模范。

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）改革和完善黨的領導方式和執政方式。這對于推進社會主義民主政治建設，具有全局性作用。黨的領導主要是政治、思想和組織領導，通過制定大政方針，提出立法建議，推薦重要干部，進行思想宣傳，發揮黨組織和黨員的作用，堅持依法執政，實施黨對國家和社會的領導。黨委在同級各種組織中發揮領導核心作用，集中精力抓好大事，支持各方獨立負責、步調一致地開展工作。進一步改革和完善黨的工作機構和工作機制。按照黨總攬全局、協調各方的原則，規范黨委與人大、政府、政協以及人民團體的關系，支持人大依法履行國家權力機關的職能，經過法定程序，使黨的主張成為國家意志，使黨組織推薦的人選成為國家政權機關的領導人員，并對他們進行監督；支持政府履行法定職能，依法行政；支持政協圍繞團結和民主兩大主題履行職能。加強對工會、共青團和婦聯等人民團體的領導，支持他們依照法律和各自章程開展工作，更好地成為黨聯系廣大人民群眾的橋梁和紐帶。

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）改革和完善決策機制。正確決策是各項工作成功的重要前提。要完善深入了解民情、充分反映民意、廣泛集中民智、切實珍惜民力的決策機制，推進決策科學化民主化。各級決策機關都要完善重大決策的規則和程序，建立社情民意反映制度，建立與群眾利益密切相關的重大事項社會公示制度和社會聽證制度，完善專家咨詢制度，實行決策的論證制和責任制，防止決策的隨意性。

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）深化行政管理體制改革。進一步轉變政府職能，改進管理方式，推行電子政務，提高行政效率，降低行政成本，形成行為規范、運轉協調、公正透明、廉潔高效的行政管理體制。依法規范中央和地方的職能和權限，正確處理中央垂直管理部門和地方政府的關系。按照精簡、統一、效能的原則和決策、執行、監督相協調的要求，繼續推進政府機構改革，科學規范部門職能，合理設置機構，優化人員結構，實現機構和編制的法定化，切實解決層次過多、職能交叉、人員臃腫、權責脫節和多重多頭執法等問題。按照政事分開原則，改革事業單位管理體制。

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）推進司法體制改革。社會主義司法制度必須保障在全社會實現公平和正義。按照公正司法和嚴格執法的要求，完善司法機關的機構設置、職權劃分和管理制度，進一步健全權責明確、相互配合、相互制約、高效運行的司法體制。從制度上保證審判機關和檢察機關依法獨立公正地行使審判權和檢察權。完善訴訟程序，保障公民和法人的合法權益。切實解決執行難問題。改革司法機關的工作機制和人財物管理體制，逐步實現司法審判和檢察同司法行政事務相分離。加強對司法工作的監督，懲治司法領域中的腐敗。建設一支政治堅定、業務精通、作風優良、執法公正的司法隊伍。