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Decision of the Standing Committee of Shenzhen Municipal People's Congress to Guarantee the Compliance with and Implementation of the Constitution of the People's Republic of China [Effective]
深圳市人民代表大会常务委员会关于保证《中华人民共和国宪法》遵守和执行的决定 [现行有效]
【法宝引证码】

Announcement of the Standing Committee of the Sixth Shenzhen Municipal People's Congress 

深圳市第六届人民代表大会常务委员会公告

(No. 183) (第一八三号)

The Decision of the Standing Committee of Shenzhen Municipal People's Congress to Guarantee the Compliance with and Implementation of the Constitution of the People's Republic of China, as adopted at the 40th session of the Standing Committee of the Sixth Shenzhen Municipal People's Congress on March 31, 2020, is hereby issued and shall come into force upon issuance. 《深圳市人民代表大会常务委员会关于保证〈中华人民共和国宪法〉遵守和执行的决定》经深圳市第六届人民代表大会常务委员会第四十次会议于2020年3月31日通过,现予公布,自公布之日起施行。
Standing Committee of Shenzhen Municipal People's Congress 深圳市人民代表大会常务委员会
March 31, 2020 2020年3月31日
Decision of the Standing Committee of Shenzhen Municipal People's Congress to Guarantee the Compliance with and Implementation of the Constitution of the People's Republic of China 深圳市人民代表大会常务委员会关于保证《中华人民共和国宪法》遵守和执行的决定
(Adopted at the 40th session of the Standing Committee of the Sixth Shenzhen Municipal People's Congress on March 31, 2020) (2020年3月31日深圳市第六届人民代表大会常务委员会第四十次会议通过)
The Constitution, as the fundamental law of the country, the general charter for governing and securing the country, the concentrated embodiment of the will of the Party and the people, and the highest legal manifestation of the socialist system with Chinese characteristics, is of the highest legal status, legal authority, and legal force and is fundamental, global, stable, and permanent. Law-based country governance first requires adherence to Constitution-based country governance, and law-based exercise of state power first requires adherence to Constitution-based exercise of state power. The defense of the authority of the Constitution amounts to the defense of the authority of the common will of the Party and the people, the defense of the dignity of the Constitution amounts to the defense of the dignity of the common will of the Party and the people, and the guarantee of the implementation of the Constitution amounts to the guarantee of the materialization of the fundamental interests of the people. The Decision of the CPC Central Committee on Several Major Issues Concerning Upholding and Improving the Socialist System with Chinese Characteristics and Advancing the Modernization of the National Governance System and Governance Capability made at the Fourth Plenary Session of the 19th CPC Central Committee specified the improvement of the systems and mechanisms for guaranteeing the full implementation of the Constitution and the strengthening of Constitution implementation and supervision. For the purposes of fully implementing the spirit of the 19th CPC National Congress and the Second, Third, and Fourth Plenary Sessions of the 19th CPC Central Committee and guaranteeing the compliance with and implementation of the Constitution in the city, the following decision is made according to the Constitution and the Law of the People's Republic of China on the Organization of Local People's Congresses at All Levels and Local People's Governments at All Levels. 宪法是国家的根本法,是治国安邦的总章程,是党和人民意志的集中体现,是中国特色社会主义制度的最高法律表现形式,具有最高的法律地位、法律权威、法律效力,具有根本性、全局性、稳定性、长期性。依法治国首先要坚持依宪治国,依法执政首先要坚持依宪执政。维护宪法权威就是维护党和人民共同意志的权威,捍卫宪法尊严就是捍卫党和人民共同意志的尊严,保证宪法实施就是保证人民根本利益的实现。党的十九届四中全会作出的《中共中央关于坚持和完善中国特色社会主义制度 推进国家治理体系和治理能力现代化若干重大问题的决定》明确提出:健全保证宪法全面实施的体制机制,加强宪法实施和监督。为了全面贯彻落实党的十九大和十九届二中、三中、四中全会精神,保证宪法在本市的遵守和执行,根据宪法和《中华人民共和国地方各级人民代表大会和地方各级人民政府组织法》,作出如下决定。
I. Adhering to the implementation of the guiding ideology of the Constitution and using the national guiding ideology established by the Constitution as the fundamental guidance on the various work of the city   一、坚持贯彻宪法指导思想,将宪法确立的国家指导思想作为全市各项工作的根本遵循
The 2018 Amendments to the Constitution enshrined Xi Jinping Thought on Socialism with Chinese Characteristics in a New Era in the Constitution and established it as the guiding ideology of the country. Xi Jinping Thought on Socialism with Chinese Characteristics in a New Era carries considerably wide-ranging implications, covering the general goals, general tasks, general arrangement, strategic arrangement and development direction, development methods, impetus for development, strategic steps, external conditions, political guarantees and other basic issues related to upholding and developing socialism with Chinese characteristics in a new era and presents new theoretical generalization and strategic guidance about the economy, politics, rule of law, science and technology, culture, education, people's livelihood, ethnicity, religion, society, ecological civilization, national security, national defense and the services, "one country, two systems," homeland reunification, united front, diplomacy, Party building, and other aspects based on new practices. To fully implement the Constitution, Xi Jinping Thought on Socialism with Chinese Characteristics in a New Era shall be taken as the common ideological basis and action guide for the solidarity and cause of the people citywide and as the fundamental guidance on the various work of the city and implemented in all aspects of citywide political and social life. 2018年宪法修正案将习近平新时代中国特色社会主义思想载入宪法,确立为国家的指导思想。习近平新时代中国特色社会主义思想内涵十分丰富,涵盖新时代坚持和发展中国特色社会主义的总目标、总任务、总体布局、战略布局和发展方向、发展方式、发展动力、战略步骤、外部条件、政治保证等基本问题,并根据新的实践对经济、政治、法治、科技、文化、教育、民生、民族、宗教、社会、生态文明、国家安全、国防和军队、“一国两制”和祖国统一、统一战线、外交、党的建设等各方面作出新的理论概括和战略指引。全面贯彻实施宪法,必须将习近平新时代中国特色社会主义思想作为全市人民团结奋斗的共同思想基础和行动指南,作为全市各项工作的根本遵循,贯彻落实到全市政治和社会生活各个方面。
Always adhering to strengthening ideological and theoretical arming: The study and implementation of Xi Jinping Thought on Socialism with Chinese Characteristics in a New Era shall be taken as the primary political task, the core gist, ideological essence, theoretical uniqueness, intrinsic requirements, and a series of new important viewpoints, major judgments, and major measures contained shall be thoroughly and accurately grasped, historic, theoretical and practical logic shall be profoundly understood, reading the original writing, learning the original articles and penetrating the principles shall be adhered to, and study shall be taken up conscientiously, repeatedly, in depth, and continuously, so as to strive to achieve a profound study, thorough penetration and integration of all the individual parts of the study, practically use it to arm the mind, guide practice, and promote work, endeavor to advance in the direction shown by General Secretary Xi Jinping, and ensure that Xi Jinping Thought on Socialism with Chinese Characteristics in a New Era takes root in Shenzhen and bears fruit. 始终坚持强化思想理论武装。将学习贯彻习近平新时代中国特色社会主义思想作为首要政治任务,全面准确把握核心要义、思想精华、理论特色、内在要求,以及蕴含的一系列新的重要观点、重大判断、重大举措,深刻领会历史逻辑、理论逻辑、实践逻辑,坚持读原著、学原文、悟原理,认真学、反复学、深入学、持续学,努力做到学深悟透、融会贯通,切实用以武装头脑、指导实践、推动工作,奋力朝着习近平总书记指引的方向前进,确保习近平新时代中国特色社会主义思想在深圳落地生根、结出丰硕成果。
Always adhering to law-based and Constitution-based country governance: Comprehensive law-based country governance is an integral part of Xi Jinping Thought on Socialism with Chinese Characteristics in a New Era. The Constitution explicitly requires that the People's Republic of China govern the country according to the law and build a socialist country under the rule of law. State agencies at all levels shall exercise legislative, administrative, supervisory, judicial and prosecutorial powers in accordance with the principles and procedures established by the Constitution. State agencies at all levels across the city shall thoroughly study General Secretary Xi Jinping's important exposition of comprehensive law-based country governance, systematically comprehend the guiding ideology, general objectives, basic principles and overall requirements of comprehensive law-based country governance, take the Constitution as the fundamental standards of practice, defend the dignity of the Constitution, guarantee Constitution implementation, safeguard social fairness and equity, spare no effort in advancing the construction of a model city under the rule of law, and better bring about the safeguarding role of the rule of law in consolidating foundations, stabilizing expectations, and delivering long-term benefits. 始终坚持依法治国依宪治国。全面依法治国是习近平新时代中国特色社会主义思想的重要内容。宪法明确规定中华人民共和国实行依法治国,建设社会主义法治国家。各级国家机关行使立法权、行政权、监察权、审判权、检察权,必须按照宪法确定的原则和程序运行。全市各级国家机关要深入学习习近平总书记关于全面依法治国的重要论述,系统把握全面依法治国的指导思想、总目标、基本原则和总体要求,以宪法为根本活动准则,维护宪法尊严,保证宪法实施,维护社会公平正义,全力推进法治示范城市建设,更好发挥法治固根本、稳预期、利长远的保障作用。
Always adhering to study for the sake of practice and promoting study through practice: The study and implementation of Xi Jinping Thought on Socialism with Chinese Characteristics in a New Era shall be combined with that of the spirit of General Secretary Xi Jinping's important speeches and instructions on the work of Guangdong and Shenzhen, the glorious mission given to Shenzhen by the Outline Development Plan for the Guangdong-Hong Kong-Macao Greater Bay Area and the Opinions of the CPC Central Committee and the State Council on Supporting Shenzhen in Building a Pioneering Demonstration Zone for Socialism with Chinese Characteristics shall be performed with all-out efforts, centering around solving the outstanding conflicts and problems during the reform and development of the city, in close light of the actual circumstances of the city, various powers shall be exercised according to the law, attention shall be paid to the use of theories, comprehension of the laws, research on the reality and exploration of practice, the combination of study and use and study for the sake of use shall be achieved, and an endeavor shall be made to use the vivid practice and solid results of Shenzhen's construction of a pioneering demonstration zone to fully demonstrate the mighty truth, ideological and practical power of Xi Jinping Thought on Socialism with Chinese Characteristics in a New Era. 始终坚持学以致用用以促学。将学习贯彻习近平新时代中国特色社会主义思想与学习贯彻习近平总书记对广东、深圳工作重要讲话和指示批示精神相结合,全力践行《粤港澳大湾区发展规划纲要》和《中共中央 国务院关于支持深圳建设中国特色社会主义先行示范区的意见》赋予深圳的光荣使命,围绕破解我市改革发展中的突出矛盾和问题,紧密结合我市实际,依法行使各项职权,注重理论的运用,规律的把握,现实的研究,实践的探索,做到学用结合、学以致用,努力用深圳建设先行示范区的生动实践和扎实成效,充分彰显习近平新时代中国特色社会主义思想强大的真理力量、思想力量、实践力量。
II. Adhering to strengthening overall Party leadership and ensuring that the line, principles and policies of the Party are implemented in all aspects and throughout the process of the performance of duties by state agencies   二、坚持加强党的全面领导,确保党的路线方针政策落实到国家机关履职的全过程各方面
The Constitution provides: "The socialist system is the basic system of the People's Republic of China. The leadership of the Communist Party of China is the defining feature of socialism with Chinese characteristics. Disruption of the socialist system by any organization or individual is prohibited. " The provision of the Constitution is a confirmation of the ruling position of the Communist Party of China, a confirmation of the core position of the Party providing overall leadership and coordinating the efforts of all involved in the overall structure of the state power, and a clarification that the leadership of the Communist Party of China is the most essential feature of socialism with Chinese characteristics and the fundamental guarantee of the compliance with and implementation of China's Constitution. As stated at the Fourth Plenary Session of the 19th CPC Central Committee, overall Party leadership shall be adhered to, and the systems for the Party to lead people's congresses, the government, the Chinese People's Political Consultative Conference, supervisory agencies, judicial agencies, procuratorial agencies, armed forces, people's groups, enterprises and public institutions, basic autonomous people's organizations, and social organizations, among others, shall be improved, so as to ensure that the Party plays a leading role in various organizations at all levels. 宪法规定:“社会主义制度是中华人民共和国的根本制度。中国共产党领导是中国特色社会主义最本质的特征。禁止任何组织或者个人破坏社会主义制度。”宪法这一规定确认了中国共产党的执政地位,确认了党在国家政权结构中总揽全局、协调各方的核心地位,明确了中国共产党领导是中国特色社会主义最本质的特征,也是我国宪法得到遵守和执行的根本保证。党的十九届四中全会提出,坚持党的全面领导,完善党领导人大、政府、政协、监察机关、审判机关、检察机关、武装力量、人民团体、企事业单位、基层群众自治组织、社会组织等制度,确保党在各级各种组织中发挥领导作用。
Party leadership over all work shall be adhered to. Party leadership shall underpin the work of people's congresses throughout the process, in all aspects, closely centering around the working arrangements of the CPC Provincial Committee and the CPC Municipal Committee, the work such as legislation, supervision, decisions on major issues, appointment and removal, and representation shall be advanced holistically, voluntarily and promptly reporting important decisions, matters, work, and situations to the CPC Municipal Committee shall be adhered to, implementation shall be effectively ensured as required by the CPC Municipal Committee, by statutory procedures, the propositions of the Party shall be skillfully made the common will of the people across the city by statutory procedures, and the effective implementation of Party leadership in all the fields and links of country governance shall be boosted. 坚持党对一切工作的领导。把党的领导贯穿到人大工作的全过程和各方面,紧紧围绕省委工作部署和市委工作安排,统筹推进立法、监督、重大事项决定、人事任免、代表等工作,坚持重大决策、重大事项、重要工作、重要情况主动及时向市委请示报告,并按照市委要求和法定程序抓好贯彻落实,善于使党的主张经过法定程序成为全市人民的共同意志,推动党的领导有效落实到国家治理的各个领域、各个环节。
The institutional advantages of Party leadership shall be pressed home. By complying with and implementing the Constitution, the major decisions and arrangements of the CPC Central Committee, the CPC Provincial Committee, and the CPC Municipal Committee shall be translated into local regulations, rules, policies and government orders, into arrangements for economic and social management, into innovations in leadership systems, working mechanisms and management methods, and into the actual effect of promoting economic and social development, the important political principle of adhering to the Party leadership shall be transformed into the institutional advantages of country governance, Party leadership shall be implemented throughout the process of performance of duties by various state agencies, and all involved shall be prompted to concert their actions and enhance joint efforts. 发挥党的领导的制度优势。通过遵守和执行宪法,把党中央和省委、市委重大决策部署转化为地方性法规、规章和政策政令,转化为对经济社会管理的部署安排,转化为领导体制、工作机制和管理方式创新,转化为推动经济社会发展的实际效果,把坚持党的领导这一重要政治原则转化为国家治理的制度优势,把党的领导贯彻到各个国家机关履行职责全过程,推动各方面协调行动、增强合力。
The legal authority of Party leadership shall be enhanced. The "consciousness of the need to maintain political integrity, think in big-picture terms, follow the leadership core, and keep in alignment" shall be heightened, the "confidence in the path, theory, system, and culture of socialism with Chinese characteristics" shall be enhanced, the "defense of the status of General Secretary Xi Jinping as the core of the CPC Central Committee and the whole Party and the authority and centralized and unified leadership of the CPC Central Committee" shall be achieved, a high degree of unity in thought, stance, and action with the CPC Central Committee with Comrade Xi Jinping at its core shall consciously be maintained, and the defense of the status of General Secretary Xi Jinping as the core of the CPC Central Committee and the whole Party shall be resolutely and effectively implemented. Through the implementation of the Constitution, the legal authority of the leadership of the Communist Party of China shall be further strengthened, and the consciousness of the state agencies at all levels, social groups, enterprises and public institutions, and the people across the city to adhere to and defend the leadership of the Communist Party of China shall be enhanced. 强化党的领导的法律权威。增强“四个意识”、坚定“四个自信”、做到“两个维护”,自觉在思想上政治上行动上同以习近平同志为核心的党中央保持高度一致,坚决把维护习近平总书记党中央的核心、全党的核心地位落到实处。通过贯彻实施宪法,进一步强化中国共产党领导的法律权威,增强全市各级国家机关、社会团体、企事业单位和人民群众坚持中国共产党领导、维护中国共产党领导的自觉性。
III. Adhering to exercising various powers in accordance with the law and advancing the modernization of the governance system and governance capability   三、我我我什么都没做坚持依法行使各项职权,推进治理体系和治理能力现代化
The Constitution provides: "All power in the People's Republic of China belongs to the people. The National People's Congress and the local people's congresses at various levels are the organs through which the people exercise state power." The administrative, supervisory, judicial and procuratorial agencies of the state are all created by and are responsible to and under the supervision of people's congresses. New forms and paths of exercising the powers of legislation, supervision, decision, and appointment and removal, among others, under new conditions shall be explored actively, and the power operation mechanism of scientific decision-making, effective implementation and strong supervision shall continue to be improved, so as to ensure the coordinated and efficient operation of state agencies, advance the modernization of the governance system and governance capability, and provide a strong and powerful institutional guarantee for the steady and sound development of Shenzhen's economy and society. 宪法规定:“中华人民共和国的一切权力属于人民。人民行使国家权力的机关是全国人民代表大会和地方各级人民代表大会。”国家行政机关、监察机关、审判机关、检察机关都由人民代表大会产生,对人大负责,受人大监督。要积极探索新形势下行使立法、监督、决定、任免等职权的新形式、新路径,不断健全和完善决策科学、执行有效、监督有力的权力运行机制,保证国家机关协调高效运转,推进治理体系和治理能力现代化,为深圳经济社会平稳健康发展提供坚强有力的制度保障。
Legislative powers shall be exercised according to the law, and scientific, democratic and law-based legislation shall be adhered to. Party leadership over the legislative work shall be adhered to, the legislative work pattern led by CPC committees, dominated by people's congresses, supported by the government, and participated in by all parties shall continue to be improved, and the implementation of the Constitution shall be promoted and defended by establishing and improving a framework of regulations and systems. With a focus on key fields, two legislative powers, especially the legislative power of the Special Economic Zone, shall be sufficiently and effectively exercised, centering around the construction goals of the Guangdong-Hong Kong-Macao Greater Bay Area and Shenzhen's pioneering demonstration zone, legislation shall be enacted firmly based on the key tasks of "five-sphere strategic positioning" and "five-sphere priorities," and the quality and efficiency of legislation shall be improved. The guidance of legislation shall be enhanced, and the mechanism for linking reform decisions with legislative decisions shall be improved, so as to provide a legal system-based guarantee for strengthening the systematic integration, synergy and efficiency of reforms, ensure that major reforms are based on the law, concurrently advance reforms and the rule of law, and enhance the penetration of reforms. As needed for reforms, under the premise of compliance with the basic principles of the Constitution, laws, and administrative regulations, flexible changes shall be made to the laws, administrative regulations, and local regulations with authority. Based on pioneering and pilot programs, proposals to temporarily adjust or temporarily suspend the application of certain provisions of national laws and administrative regulations shall be put forward to the National People's Congress ("NPC"), the NPC Standing Committee, and the State Council, and the authorization of the NPC Standing Committee shall be sought for the city to use the legislative power of the Special Economic Zone to enact legislations on major reform matters, so as to maximize the role of the legislation in the Special Economic Zone as a "test bed" and gain experience for national and other local legislations. 依法行使立法权,坚持科学立法、民主立法、依法立法。坚持党对立法工作的领导,不断完善党委领导、人大主导、政府依托、各方参与的立法工作格局,通过建立健全法规和制度体系,推动和保障宪法实施。聚焦重点领域,用足用好两个立法权,特别是用足用好经济特区立法权,围绕粤港澳大湾区和深圳先行示范区建设目标,牢牢扭住“五大战略定位”和“五个率先”重点任务开展立法,提高立法质量和效率。强化立法引领,健全改革决策与立法决策相衔接的机制,为加强改革的系统集成、协同高效提供法律制度保障,确保重大改革于法有据,改革和法治同步推进,增强改革的穿透力。紧扣改革需要,在遵循宪法和法律行政法规基本原则的前提下,根据授权对法律、行政法规、地方性法规作变通规定。立足先行先试,及时向全国人大及其常委会、国务院提出暂时调整或者暂时停止适用国家法律、行政法规部分规定的建议,争取全国人大常委会授权我市运用经济特区立法权就重大改革事项进行专项立法,充分发挥特区立法的“试验田”作用,为国家和其他地方立法积累经验。
The power of supervision shall be exercised in accordance with the law, and correct, law-based and effective supervision shall be adhered to. 依法行使监督权,坚持正确监督、依法监督、有效监督。
The supervision of the work of “the government, supervisory commissions, courts and procuratorates” and that of the implementation of the law by people's congresses shall be strengthened, so as to guarantee the law-based and correct exercise of administrative, supervisory, judicial and procuratorial powers, effectively safeguard the lawful rights and interests of citizens, legal persons and other organizations, and resolutely exclude interference with the enforcement and administration of the law. With a focus on the implementation of the Outline Development Plan for the Guangdong-Hong Kong-Macao Greater Bay Area and the Opinions of the CPC Central Committee and the State Council on Supporting Shenzhen in Building a Pioneering Demonstration Zone for Socialism with Chinese Characteristics, supervision shall be exercised in aspects such as promoting the "area and zone" construction, advancing high-quality economic development, effectively fighting the "three major battles," strengthening and improving people's livelihood security, and advancing judicial reforms and fair justice, and the implementation of the decisions and arrangements of CPC committees during the supervisory work shall be ensured. Supervision shall be exercised in accordance with statutory duties, scope and procedures, the methods and procedures for supervision shall be continuously improved, the relevant provisions of the Supervision Law shall be elaborated, the supervision system of "the government, supervisory commissions, courts and procuratorates" shall be improved, the improvement of the mechanisms and methods for law enforcement inspections, listening reports on deliberation work and thematic questioning shall be explored, particular attention shall be paid to identifying problems and making proposals from the perspective of law implementation and system implementation, relevant parties shall be prompted to perform their statutory duties, and a permanent problem-solving mechanism shall be established. 加强人大对“一府一委两院”工作的监督和法律实施的监督,保证行政权、监察权、审判权、检察权得到依法正确行使,保证公民、法人和其他组织合法权益得到切实保障,坚决排除对执法司法活动的干预。重点围绕贯彻落实《粤港澳大湾区发展规划纲要》和《中共中央 国务院关于支持深圳建设中国特色社会主义先行示范区的意见》,开展促进“双区”建设、推进经济高质量发展、打好“三大攻坚战”、加强和改善民生保障、推进司法改革和公正司法等方面的监督,确保监督工作贯彻落实党委决策部署。严格依照法定职责、法定范围、法定程序开展监督,不断改进监督的方式和程序,细化监督法相关规定,健全对“一府一委两院”监督制度,探索完善执法检查、听取审议工作报告、专题询问的机制和方法,注重从法律实施、制度执行的角度查找问题、提出建议,推动有关方面履行法定职责,建立解决问题长效机制。
The power to decide on major matters shall be exercised according to the law, and scientific, democratic and law-based decision-making shall be adhered to. The arrangements and requirements of the CPC Central Committee for improving the system for people's congresses to discuss and decide important issues and the reporting by governments at all levels to people's congresses at corresponding levels before major decisions are issued shall be implemented, and according to the Constitution and relevant organizational laws, the people's congresses at municipal and district levels and their standing committees shall discuss and decide major matters in all the aspects of economic, political, cultural, social and ecological civilization construction of the city and districts. The handling and discussion of major matters shall be adhered to, resolutions and decisions shall be made with a focus on major issues that affect the big picture, foundations, and the long term, public opinion shall be fully represented, consensus shall be built extensively, the scientific, democratic, and law-based making of major decisions shall be promoted, and a power operation mechanism in which "CPC committees make decisions, people's congresses adopt decisions, governments conduct implementation, and people's congresses exercise supervision" shall be formed, so as to better bring about the functional role of local agencies of state power  and ensure the effective implementation of the people running the country. The exercise of the power to decide major matters according to the law shall be organically combined with that of the power of supervision, appointment and removal according to the law, a supervisory inspection, tracking and handling under supervision system shall be established and improved, various supervisory methods such as listening and deliberating special work reports, law enforcement inspections, and inspections shall be comprehensively used, the implementation of resolutions and decisions shall be regularly inspected, and the implementation of decisions on major issues under supervision shall be strengthened. 依法行使重大事项决定权,坚持科学决策、民主决策、依法决策。贯彻落实党中央关于健全人大讨论决定重大事项制度、各级政府重大决策出台前向本级人大报告的部署要求,根据宪法和有关组织法,由市、区两级人大及其常委会讨论决定本市、本区经济建设、政治建设、文化建设、社会建设、生态文明建设各方面的重大事项。坚持抓大事、议大事,聚焦事关全局、事关根本、事关长远的重大问题作出决议决定,充分反映民意,广泛凝聚共识,促进重大决策的科学化、民主化、法治化,形成“党委决策、人大决定、政府执行、人大监督”的权力运行机制,更好发挥地方国家权力机关职能作用,确保人民当家作主落到实处。把依法行使重大事项决定权与依法行使监督权、任免权有机结合,建立健全监督检查和跟踪督办制度,综合运用听取审议专项工作报告、执法检查、视察等多种监督手段,定期检查决议决定执行情况,强化重大事项决定落实督办。
The power of appointment and removal shall be exercised according to the law, and the Party's management of officials, strict procedures, and appointment and removal according to the law shall be adhered to. The unity between the principle of the Party's management of officials and people's congresses' exercise of the power of election, appointment and removal in accordance with the law shall be adhered to, the election of deputies to people's congresses and the election, appointment and removal of the leaders, members and relevant employees of state agencies shall strictly conform to statutory powers and procedures, and the Party's policies on officials and employment standards shall underpin the appointment and removal work. The Party members among the members of the interim Party organizations of people's congresses, the leading Party members' groups of the standing committees of people's congresses, and the standing committees of people's congresses as well as among the deputies to people's congresses shall conscientiously implement the opinions of CPC committees on personnel arrangements, adhere to handling matters according to the law, perform their duties correctly, enable the candidates recommended by Party organizations to become the leaders of state agencies through the statutory procedures, and ensure that the intention of CPC committees to arrange personnel is implemented. The working procedures for appointment and removal shall be improved, pre-appointment inspections and reviews of appointment and removal shall be conscientiously conducted, and the constitutional oath taking system shall be strictly implemented, so as to enhance the elected and appointed persons' awareness of the Constitution and public service. The supervision of the law-based performance of duties by persons elected and appointed by people's congresses shall be strengthened, and the effectiveness of the law-based performance of duties by officials appointed shall be comprehensively inspected, so as to prompt the appointed officials to continuously improve their work and raise the level of the performance of duties and supervise diligent and law-based performance of duties. 依法行使任免权,坚持党管干部、严格程序、依法任免。坚持党管干部原则与人大依法行使选举权任免权相统一,严格依照法定职权和法定程序选举人大代表以及选举和任免国家机关领导人员、组成人员和有关工作人员,把党的干部政策和用人标准贯穿于任免工作中。人民代表大会临时党组织、人大常委会党组和人大常委会组成人员、人大代表中的党员,应当认真贯彻落实党委人事安排意见,坚持依法办事,正确履行职责,使党组织推荐的人选通过法定程序成为国家机关的领导人员,确保党委人事安排意图得到贯彻落实。完善任免工作程序,认真组织开展任前考察、任免审议,严格执行宪法宣誓制度,增强被选举和任命人员的宪法意识和公仆意识。加强对人大选举和任命人员依法履职情况的监督,全面检验任命干部依法履职工作成效,促进任命干部不断改进工作、提高履职水平,督促勤勉依法履职。
IV. Adhering to consolidating the status of the people as main actors and effectively defending citizens' enjoyment of their rights and performance of their duties   四、坚持巩固人民主体地位,切实保障公民享有权利和履行义务
The basic rights and duties of citizens are the core content of the Constitution, and the Constitution is the fundamental guarantee for every citizen to enjoy rights and perform duties. The foundation of the Constitution consists in the heartfelt support of the people, and the mightiness of the Constitution consists in sincere faith of the people. The status of the people as main actors shall be adhered to, the constitutional concept that all the power of the state belongs to the people shall be adhered to, the orderly political participation of citizens shall be expanded from all levels and fields through the people's congress system, citizens' rights to know, participate, express, and supervise shall be safeguarded according to the law, and the people shall be mobilized and arranged for in a most extensive manner to manage state and social affairs through various channels and forms, in accordance with the Constitution and the law, and fulfill all the duties specified in the Constitution. 公民的基本权利和义务是宪法的核心内容,宪法是每个公民享有权利、履行义务的根本保证。宪法的根基在于人民发自内心的拥护,宪法的伟力在于人民出自真诚的信仰。必须坚持人民主体地位,坚持国家一切权力属于人民的宪法理念,通过人民代表大会制度,从各层次各领域扩大公民有序政治参与,依法保障公民的知情权、参与权、表达权、监督权,最广泛地动员和组织广大人民群众依照宪法法律,通过各种途径和形式管理国家和社会事务,并履行宪法规定的各项义务。
Citizens' enjoyment of the extensive rights prescribed by the Constitution shall be safeguarded according to the law. All the basic rights of citizens shall be safeguarded against violation, the implementation of the rights of citizens in economic, cultural, social, health and other aspects shall be implemented, an endeavor shall be made to protect the fundamental interests of the people, and the people's desire for and pursuit of a better life shall be safeguarded. The demands of the people shall be treated in accordance with the law and justice, and an endeavor shall be made to enable the people to feel fairness and justice in every judicial or administrative enforcement action case and further enhance the people's sense of happiness, gain, and security. 依法保障公民享有宪法规定的广泛权利。保障公民的各项基本权利不受侵犯,保证公民的经济、文化、社会、卫生健康等各方面权利得到落实,努力维护最广大人民根本利益,保障人民群众对美好生活的向往和追求。依法公正对待人民群众的诉求,努力让人民群众在每一个司法和行政执法案件中都能感受到公平正义,进一步增强人民群众幸福感、获得感、安全感。
All the duties of citizens under the Constitution shall be ensured in accordance with the law. Citizens shall be actively guided in consciously practicing the core socialist values and performing their duties to defend national unity and ethnic solidarity, safeguard national security, honors and interests, and pay taxes and join military service according to the law; in complying with the Constitution and the law, keeping national secrets, cherishing public property, abiding by labor discipline, obeying public order, and respecting social morality; and in exercising their liberty and rights correctly, without prejudice to national, social, or collective interests or the lawful liberty and rights of another citizen. 依法确保公民履行宪法规定的各项义务。积极引导公民自觉践行社会主义核心价值观,自觉履行维护国家统一和民族团结的义务、维护国家安全荣誉和利益的义务、依法纳税和依法服兵役的义务;积极引导公民遵守宪法和法律,保守国家秘密,爱护公共财产,遵守劳动纪律,遵守公共秩序,尊重社会公德;积极引导公民正确行使自由和权利,不得损害国家的、社会的、集体的利益和其他公民的合法的自由和权利。
The law-based and well-regulated performance of duties by deputes to people's congresses shall be supported and safeguarded. The system for the members of standing committees to contact deputes to people's congresses and for deputes to people's congresses to contact the people shall be improved, the regularization of community liaison stations for deputes to people's congresses shall be strengthened, and deputes to people's congresses at all levels shall contact the people through the liaison stations on a regular basis according to the principle of convenient location. The mechanism for deputies to participate in legislation, law enforcement inspections, inspections, and other activities shall be improved, deputies' activity month, deputies' meetings, lecture hall of deputies, televised questions from deputes, and other campaigns shall be solidly conducted, television programs for deputies to perform their duties such as Deputies' Time and Deputies' Interview shall be refined and optimized, the role of deputy groups and professional groups shall be maximized, the normalization and improvement of the law-based performance of duties by deputies to people's congresses shall be promoted, and the solemn commitment that "any demand of the people shall be responded to" shall be effectively honored. 支持和保障人大代表依法规范履行职责。健全常委会组成人员联系人大代表、人大代表联系群众制度,加强人大代表社区联络站规范化建设,组织各级人大代表按就近原则全部进入联络站经常性联系群众。完善代表参与立法和执法检查、视察等活动机制,扎实开展代表活动月、人大代表议事会、人大代表大讲堂、人大代表电视问政会等活动,做精做优《代表来了》《代表访谈》等代表履职电视栏目,充分发挥代表小组和专业小组作用,推动人大代表依法履职常态化优质化,切实兑现“民有所呼、我有所应”的庄严承诺。
State agencies at all levels shall consciously accept the supervision of the people. The working mechanism for handling and handling under supervision the proposals and recommendations from deputies shall be improved, the system for deputies to interview the persons in charge of state agencies shall be adhered to, the handling of recommendations shall be conscientiously reviewed, and the listening to deputies' recommendations for, criticism of, and opinions on the relevant work by "the government, supervisory commissions, courts and procuratorates" shall be supervised and promoted, so as to continually improve the work, enhance the quality of the handling of proposals and recommendations from deputies, and achieve the "dual satisfaction" with the reply to and implementation of recommendations. State agencies at all levels across the city and their employees shall take strengthening the contact with deputies to people's congresses and the people as an important part of being responsible to, being subject to, and serving the people and listen to the opinions and recommendations from people's congresses and the people through various forms and channels. 各级国家机关要自觉接受人民群众监督。完善代表议案建议办理和督办工作机制,坚持代表约见国家机关负责人制度,认真开展建议办理“回头看”,监督推动“一府一委两院”通过多种形式听取代表对有关工作的建议、批评和意见,不断改进工作,提高代表议案建议办理质量,实现建议办理答复和落实“双满意”。全市各级国家机关及其工作人员要把加强同人大代表和人民群众的联系作为对人民负责、受人民监督、为人民服务的重要内容,通过各种形式和渠道听取人大代表和人民群众的意见建议。
V. Adhering to safeguarding the effective implementation of the Constitution and effectively defending the highest legal status, legal authority and legal force of the Constitution   五、坚持保障宪法有效实施,切实维护宪法最高法律地位、法律权威和法律效力
Constitutional supervision is an important institutional form for guaranteeing the implementation of the Constitution and defending its authority. As emphasized by General Secretary Xi Jinping, publicizing and establishing constitutional authority shall be regarded as a major matter for comprehensively advancing the law-based country governance, and efforts shall be effectively made to exercise constitutional implementation and supervision. 宪法监督是保证宪法实施、维护宪法权威的重要制度形式。习近平总书记强调,必须把宣传和树立宪法权威作为全面推进依法治国的重大事项抓紧抓好,切实在宪法实施和监督上下功夫。
The level of implementation of the Constitution shall be further raised. Under the leadership of the Party, scientific legislation, strict law enforcement, fair justice and compliance by all people shall be advanced, and the full implementation of the Constitution shall be elevated to a new level. Law-based and Constitution-based legislation shall be adhered to, legislative activities shall be conducted in strict accordance with the statutory authority and procedures, and the development, revision, repeal and interpretation of local regulations and government departmental rules shall be organized in a timely manner according to the revision of superordinate laws, so as to promote the implementation of the Constitution with sounder regulations. Under the premise of compliance with the basic principles of the Constitution, laws and administrative regulations, the conformity of all the regulations, departmental rules and other normative documents formulated by the city with the provisions and spirit of the Constitution shall be ensured. Anything about how to understand and apply the relevant provisions of the Constitution shall be subject to the constitutional review of the NPC Standing Committee. 进一步提高宪法实施水平。在党的领导下推进科学立法、严格执法、公正司法、全民守法,把全面贯彻实施宪法提高到一个新水平。坚持依法立法、依宪立法,严格依照法定权限和程序开展立法活动,并根据上位法修改情况,及时组织对地方性法规、政府规章的立改废释工作,以更加完备的法规推动宪法实施。在遵循宪法和法律、行政法规基本原则前提下,确保本市制定的所有法规、规章和其他规范性文件都符合宪法规定、宪法精神。凡涉及宪法快醒醒开学了有关规定如何理解、如何运用的,都必须事先经过全国人大常委会合宪性审查。
The filing and review of normative documents shall be strengthened. The requirement that "any law, administrative regulation, or local regulation shall not contravene the Constitution" shall be strictly implemented, the filing and review of normative documents shall be strengthened in accordance with the law, the "filing of any normative document, review of any normative document, and correction of any error" shall be adhered to, the scope and standards of filing and review shall be further specified, the filing and review procedures shall be regulated, review and control shall be tightened, and supervisory inspection and correction shall be strengthened. The building of the filing and review system and capacity shall be strengthened, all normative documents shall be included in the scope of filing and review, the construction of filing and review information platforms shall be improved, a review interaction mechanism and public participation mechanism shall be established, and the actual efficiency of filing and review shall be enhanced. The working mechanism for reporting to the people's congress at the same level before major government decisions are issued shall be improved. Municipal and district people's governments shall strengthen the review of the normative documents of their departments, and the Municipal People's Government shall strengthen the filing and review of the normative documents of district people's governments. 加强规范性文件备案审查。严格落实“一切法律、行政法规和地方性法规都不得同宪法相抵触”的要求,依法加强规范性文件的备案审查,坚持“有件必备、有备必审、有错必纠”,进一步明确备案审查范围、标准,规范备案审查程序,严格审查把关,加大督查纠正力度。加强备案审查制度和能力建设,把所有规范性文件纳入备案审查范围,完善备案审查信息平台建设,建立审查衔接联动机制和公众参与机制,增强备案审查实际效能。完善政府重大决策出台前向同级人大报告工作机制。市、区人民政府应当加强对所属工作部门规范性文件的审查,市人民政府应当加 强对区级人民政府规范性文件的备案审查。
The supervision mechanism for the implementation of the Constitution shall be improved. According to the provisions of the Constitution and local organizational laws, guaranteeing the compliance with and implementation of the Constitution shall be the primary duty of local people's congresses and their standing committees. In order to perform the duty in a comprehensive manner, a relevant constitutional implementation and supervision mechanism shall be established and improved, and any act or phenomenon of violating the provisions of the Constitution discovered shall be dealt with in accordance with powers, laws and procedures. Constitution-related issues shall be researched before major decisions and important provisions are issued, and constitutional review shall be requested in accordance with the law and procedures when necessary, so as to ensure that major decisions and important provisions are based on the Constitution. 健全宪法实施的监督机制。根据宪法和地方组织法规定,保证宪法的遵守和执行是地方人大及其常委会的首要职责。为了全面履行这一职责,必须建立健全相关的宪法实施监督机制,发现有违反宪法规定行为和现象的,要依职权依法定程序处理。积极开展重大决策、重要规定出台前的涉宪性问题研究,必要时依法按程序提出合宪性审查请求,确保重大决策、重要规定于宪有据。
VI. Adhering to publicity and education about the Constitution and creating a good atmosphere for respecting, learning and using the law   六、坚持开展宪法宣传教育,营造尊法学法用法的良好氛围
Strengthening the study, publicity and education about the Constitution is an important basis for implementing the Constitution. In accordance with the arrangements and requirements of the CPC Central Committee, the CPC Provincial Committee and the CPC Municipal Committee, a constitutional study, publicity and implementation campaign shall be solidly and profoundly conducted, the knowledge about the Constitution shall be disseminated, and the spirit of the Constitution shall be championed, so as to enable the citizenry of the city to become the loyal advocates, conscious observants, and firm defenders of the Constitution. 加强宪法学习宣传教育是实施宪法的重要基础。要按照党中央和省委、市委部署要求,扎实深入开展宪法学习宣传和贯彻实施活动,普及宪法知识,弘扬宪法精神,使全市人民成为宪法的忠实崇尚者、自觉遵守者、坚定捍卫者。
The "key minority" shall be brought into play. Leaders shall be prompted to take the lead in respecting, studying, observing and protecting the law, a system shall be established and improved for Party members and officials to study the Constitution, education about the constitution and the law shall be included in the study and education system for officials and the key content of the orientation legal examination for leaders, and studying the Constitution to the letter, chapter by chapter, article by article, shall be adhered to, so as to truly understand the spirit, principles, and provisions of the Constitution. Party members and officials, especially leaders, shall take the lead in establishing an awareness of the Constitution, cultivating constitutional thinking, and consciously taking the Constitution as the criterion in the process of legislation and making decisions, so as to enable every legislation and every decision to conform to the spirit of the Constitution. The people's congresses at all levels, people's governments at all levels, supervisory commissions, people's courts, and people's procuratorates across the city shall take the study of the Constitution as a basic preparation and a compulsory course for performing their duties, formulate an annual law dissemination plan and a list of responsibilities, effectively strengthen the rule of law thinking and capability to handle matters according to the law, and promote the integration of the study of, publicity on and education about the Constitution into legislative, law enforcement, judicial, and law-abiding practices. 发挥“关键少数”作用。推动领导干部带头尊法学法守法护法用法,建立健全党员干部学习宪法制度,把宪法法律教育纳入干部学习教育体系和领导干部任前法律考试重点内容,坚持原原本本、逐章逐条学宪法,真正吃透宪法精神、宪法原则、宪法规定。教育党员干部尤其是领导干部带头树立宪法意识,培养宪法思维,在开展立法、作出决策的过程中,自觉以宪法为准绳,使每一项立法、每一个决策都符合宪法精神。全市各级人大、各级人民政府、监察委员会、人民法院、人民检察院等国家机关要把学习宪法作为履行职责的基本功和必修课,制定年度普法计划和责任清单,切实增强法治思维和依法办事能力,推进宪法学习宣传教育融入立法、执法、司法、守法实践。
The forms of publicity on the Constitution shall be increased. The National Constitution Day and the Constitution Publicity Week campaigns shall be conscientiously and effectively organized, the concepts, vehicles, means and methods for publicity and education shall continue to be innovated, the role of radio and television, newspapers and periodicals, the Internet, mobile media, and other mass media as important platforms shall be maximized, and China's stories of the Constitution shall be effectively narrated by flexible and diverse means, in appealing and understandable language, with vivid cases, so as to enable the spirit of the Constitution to be known to people, be proximate to life, take root, and be translated into the conscious action of the citizenry of the city. Beginning with young people shall be adhered to, and young people shall be directed to acquire knowledge about the Constitution and the law, establish an awareness of the Constitution and the law, and cultivate the habit of respecting and complying with the law. 丰富宪法宣传形式。认真组织好国家宪法日和宪法宣传周活动,不断创新宣传教育的理念、载体、方式方法,充分发挥广播电视、报纸期刊、互联网和手机媒体等大众传媒的重要平台作用,通过灵活多样的手段、喜闻乐见的语言、鲜活生动的事例,讲好中国宪法故事,使宪法精神深入群众、深入生活、深入人心,成为全市人民的自觉行动。坚持从青少年抓起,引导青少年从小掌握宪法法律知识、树立宪法法律意识,养成尊法守法习惯。
Constitutional theory research shall be strengthened. The Municipal People's Congress System Theory Research Association, higher education institutions and related research institutions shall conscientiously study, research, and expound General Secretary Xi Jinping's important expositions and requirements related to the Constitution, constantly adapt to the new situation, absorb new experience, confirm new achievements, in light of Chinese modern history, especially the glorious history of the long-term struggle under the leadership of the Communist Party of China, in light of the glorious achievements in China's reform and opening in the past 40 years, in light of the great practice of adhering to and developing socialism with Chinese characteristics in a new era, profoundly explain the history of the development of China's socialist Constitution, the superiority of the current Constitution, and the overtones of Constitution-based country governance in a new era, enrich and develop the socialist constitutional theory with Chinese characteristics, enhance the constitutional characteristics of the times and practice, and fully demonstrate the self-confidence in the socialist system with Chinese characteristics. 加强宪法理论研究。市人大制度理论研究会、高等院校以及相关研究机构要认真学习、研究、阐释习近平总书记关于宪法的重要论述和要求,不断适应新形势、吸纳新经验、确认新成果,结合中国近现代历史特别是中国共产党领导人民长期奋斗的光辉历程,结合我国改革开放40多年取得的辉煌成就,结合新时代坚持和发展中国特色社会主义的伟大实践,深刻阐释我国社会主义宪法发展史、现行宪法优越性、新时代依宪治国内涵,丰富和发展中国特色社会主义宪法理论,增强宪法的时代特色和实践特色,充分彰显出中国特色社会主义制度自信。
Municipal and district people's congresses and their standing committees shall adhere to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics in a New Era, make full use of law enforcement inspections, listening to and deliberating special work reports, deputy inspections, thematic research, and other forms to strengthen the supervisory inspection of the study of, publicity about, and implementation of the Constitution, and ensure the compliance with and implementation of the Constitution in their respective administrative areas. People's governments, supervisory commissions, people's courts, and people's procuratorates at municipal and district levels shall establish a working mechanism for studying, publicizing, and implementing the Constitution, report to people's congresses at corresponding levels and their standing committees on the status of studying, publicizing, and implementing the Constitution, and promote the full implementation of this Decision. 市、区两级人大及其常委会要坚持以习近平新时代中国特色社会主义思想为指导,充分运用执法检查、听取和审议专项工作报告以及代表视察、专题调研等形式,加强对宪法学习宣传和贯彻实施的监督检查,保证宪法在本行政区域内的遵守和执行。市、区两级人民政府、监察委员会、人民法院、人民检察院要建立学习宣传和贯彻实施宪法的工作机制,向本级人大及其常委会报告学习宣传和贯彻实施宪法情况,推动本决定得到全面贯彻落实。
This Decision shall come into force on the day of issuance. 本决定自公布之日起施行。
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