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Xinhua Insight: The relationship between law and Party officials' power

Xinhua, February 9, 2015 Adjust font size:

"The leadership of the Communist Party of China (CPC) cannot be a shield for officials who seek to override the law, to use their power to influence law enforcement or to bend the law for personal gain."

By distinguishing individuals from the organization as a whole, Chinese President Xi Jinping, General Secretary of the CPC Central Committee, explained the interplay between the law and Party officials' power.

Xi made the remarks on Feb. 2 at a workshop attended by ministerial and provincial officials, including ministers, provincial Party chiefs and governors, as he demanded leading officials set good examples.

In 1997, the CPC decided to make the rule of law a basic strategy, and "a socialist country under the rule of law" has since been an important objective. In October 2014, a blueprint for comprehensively advancing the rule of law was released.

The Constitution and laws are made and enforced by the people under the leadership of the Party, and the Party itself must operate in accordance with the Constitution and law, Xi declaimed.

Historically, many officials had poor knowledge and understanding of the law. They considered abiding by the law to be optional, one of the privileges that came along with their posts. Some were simply ignorant; some intervened in law enforcement and judicial processes; some took bribes and set out to deliberately pervert the course of justice - Zhou Yongkang and Bo Xilai being prime examples.

Xi believes this kind of conduct damaged not just the Party's image, but, more crucially, the Party's very authority, and thereby the authority of the State. Damage to the Party's ability to govern disrupts politics, the economy and all of society.

Han Qingxiang of the Party School of the CPC Central Committee, wants the power of Party officials to be established, exercised, restricted and supervised by the law. Equality and justice, the primary objectives of the rule of law, cannot be achieved if there are any activities that are not regulated by the law.

Xu Hanming of Zhongnan University of Economics and Law, believes the boundaries of power, duties and limits of responsibilities should be clearly defined. Indeed, they must be well defined in order for them to be well supervised.

Xi wants to make understanding of the law one of the standards for selection and promotion. Leading officials, though small in number, are key to advancing the rule of law and must be able to decide whether something is legal or not before they speak or act.

Forcing them to abide by the law cannot simply rely on each official's own goodwill. Of this, the CPC is well aware. Endi