The new urbanization should be the urbanization of the rule of law.
A few years ago, when I was studying the issue of urbanization, I clearly put forward the concept of urbanization under the rule of law, thinking that the new type of urbanization should be urbanization under the rule of law. At present, in promoting the new type of urbanization with people as the core, urbanization by the rule of law is a very important issue. To put it simply, urbanization under the rule of law is the urbanization that restricts the public power of the government, the urbanization that protects the basic rights of citizens, and the urbanization that maintains social fairness and justice. The fourth Plenary session of the 18th CPC Central Committee proposed to comprehensively promote the rule of law, which is the best development opportunity to bring urbanization into the track of the rule of law. In order to promote the urbanization of the rule of law, I think we should focus on the following five basic links:
The first is to focus on the legislative link. The ancients said: if you establish a good law in the world, you will be ruled by the world; if you establish a good law in one country, you will be ruled by one country. All laws and regulations that harm the rights of farmers should be amended or abolished. On the one hand, under the long-term urban-rural dual system, there are many laws, including the Land Management Law, and a series of policies and regulations, which are not conducive to the protection of farmers' land and property rights. Legislators should resolutely repeal these laws in accordance with the strategic requirements of building a China under the rule of law. All unjust laws should be abolished. On the other hand, with the development of society, there are still some problems about the lag of legislation or lack of law, and some social practices do not have relevant legal support. For example, we have issued the regulations on Housing expropriation and compensation on State-owned Land, but the regulations on Housing expropriation and compensation on Collective Land have not been issued. There are many examples of this. In addition, although we have many laws, after the fourth Plenary session of the 18th CPC Central Committee proposed to comprehensively promote the rule of law, some laws that are inconsistent with the concept of the rule of law need to be amended and supplemented as soon as possible. If these problems of the rule of law are not solved, we will not be able to deal with the cases of expropriation and demolition that continue to break out in urban and rural areas. There are many problems in the outbreak of forced expropriation and demolition cases in China's urbanization, which is related to our basic institutional structure. In the new round of reform, what we need most is to build an environment for the rule of law. All unjust laws must be abolished, and we need good laws to govern the country. What is the rule of law? Aristotle said that everyone obeys the laws made, and at the same time, the laws they obey are just laws and good laws.
The second is to focus on law enforcement. On the one hand, strict law enforcement is generally emphasized. After careful deliberation, we find that good laws should be strictly enforced, but bad laws should be amended rather than strictly enforced. For example, the more stringent the enforcement of the old laws that are disadvantageous to the rights of the peasants, the more disadvantageous it is to the peasants. Especially the old unjust laws, if strictly enforced, society will not be able to develop. On the other hand, there is such a prominent problem that some local governments strictly enforce the law on farmers and ordinary people, but not on the government itself. We have found that in some places, strict law enforcement is imposed on things that are good for government departments but bad for farmers, such as strict law enforcement for land expropriation and demolition, and laws that are "bad" for the government and beneficial to the common people will not be enforced. There is a serious imbalance between the restriction of the law on the common people and that on the government, which is a very serious problem. Han Feizi said: "the sage governs the officials but not the people." It is the key for the government to persist in administration according to law and to restrain the government by the rule of law.
The third is to focus on judicial links. Justice is the key to justice. However, in this link, when it comes to the issue of land expropriation and demolition, a more common phenomenon is that the court does not file a case, and it is very difficult for the people to sue officials, resulting in a large number of letters and visits, leading to a series of self-immolation incidents and group incidents. Sometimes both the demolished and the demolished are victims, such as recent media reports that a farmer in Fujian province poured gasoline and set himself on fire during land expropriation and demolition. He held the director of the village committee and burned himself. Some explosions occurred during the demolition, and some village cadres who participated in the forced demolition were also killed. In this kind of violent urbanization, our society has to pay the price of blood and tears. If the court does not file a case and does not have a fair administration of justice after filing a case, there will be a lack of a link to safeguard justice, and it will be very difficult for this society to govern in an orderly manner. The Administrative procedure Law has just been revised and formally implemented on May 1, 2015. We hope that after the new amendment of the Administrative procedure Law, we can ensure that farmers can effectively safeguard their rights through legal means. If social problems cannot be solved by legal means, the society will be full of violence and tragedies. We should understand that the law is the most effective peaceful means to resolve disputes. As General Secretary Xi Jinping put forward: "efforts should be made to make the people feel fair and just in every judicial case." All judicial organs should improve their work with this goal.
Fourth, focus on law-abiding links. Law-abiding, one is that citizens abide by the law, and the other is that the government abides by the law. The legal quality of citizens is not high, which is not conducive to abiding by the law. But in real life, we find that the phenomenon of the government not abiding by the law is more serious, which is not conducive to promoting the construction of the rule of law. Now in the demolition, many people take the initiative to study the law, understand the law, understand the policy, while some local governments do not publish the relevant policies and laws, do not let the people know the relevant policies. It is quite common for some local governments to fail to abide by the law. For example, the issue of homestead, some local governments do not approve homestead for a long time, what should the common people do? But if you build a house without the consent of the local government, the local government will demolish your house immediately, and their law enforcement is very fast and efficient. Some local governments do not abide by the law, but they still say that you ordinary people break the law. If the government does not abide by the law, there can be no general law-abiding citizens. The government taking the lead in abiding by the law can set a benchmark for the society to abide by the law, thus guiding the whole society to abide by the law. The new type of urbanization urgently needs to build a law-abiding government.
The fifth is to focus on the link of safeguarding rights. Legislation, law enforcement, judicature, abiding by the law and safeguarding rights are indispensable to promote the urbanization of the rule of law. Farmers need legal relief after their rights have been infringed. However, for a long time, some local governments unilaterally put "stability above everything else", thus suppressing the defenders who are legitimate and legitimate. This has given rise to a strange phenomenon that farmers whose rights have been harmed cannot safeguard their rights normally through the courts, so they can only seek redress and safeguard their rights through letters and visits. However, in some places, letters and visits have been turned into an index management responsibility system, which has increased layers of pressure, which has given rise to another strange phenomenon, that is, the relevant departments do not actively solve the problems reflected by the masses, but try their best to solve the problems reflected by the masses. Whoever petitioned will be dealt with. This is a big social problem in the direction of maintaining stability in the past. A very strange problem is that our relevant departments do not solve the problems reflected by citizens, but those who respond to them. This traditional art of maintaining stability deviates from the purpose of serving the people. Some self-immolation incidents occurred in forced expropriation and demolition because the peasants had no way to go and were unable to protect their rights and interests through normal channels, and only through extreme violence, self-sacrifice and revenge on society. In this regard, we should learn from the bitter experience and safeguard our rights to maintain stability.
China is in the process of high-speed urbanization. in order to make urbanization truly benefit the people, we must organically combine the new type of urbanization with the rule of law, bring urbanization into the track of the rule of law, and take the road of the rule of law. We should earnestly take the protection and realization of farmers' rights as the starting point and foothold to promote the new type of urbanization, and promote urbanization in the way of the rule of law and the rule of law. Maintain and develop farmers' rights in the way of the rule of law and the rule of law.
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