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Legal System Construction Under The Perspective Of Scientific View Of Development

Posted on:2011-06-07Degree:MasterType:Thesis
Country:ChinaCandidate:H Z QiFull Text:PDF
GTID:2166330332982512Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Today's China has become a big and strong country, which is recognized to have stable and fast economic development, all-round progress on social undertakings and remarkable enhancement on comprehensive national strength! Especially since the reformation and opening up, the Party led all nationalities of the country to grasp opportunities, strive and progress and innovate bravely and achieved brilliant achievements and glorious accomplishments that surprise all the people in the world and had won earnest attention of the world. However, while we were achieving accomplishments, we must admit that there are more or less shortcomings and problems in different domains of our country. One of the problems is that our socialist country had not really realized rule of law. What's more, the legal construction in China has a lot of problems that shall be solved urgently; especially the Wen Qiang case in Chongqing had astonished all of us. As one of staff in the legal field of China, Wen Qiang overrode laws and regulations at will and shamed the national laws, and this greatly damaged the public credit of our people for rule of law and seriously blocked the legalization progress in China. Therefore, we must carefully summarize the achievements and experience achieved in the past legal construction of China to find out the shortcomings in current legal construction of China, as well as the roots for the shortcomings, so we can pertinently discuss and innovate more effective and practical methods to give counsel for construction of socialist country of rule of law in China.The scientific view of development is people-oriented, overall, coordinated and sustainable view for development and it has significant instructive meaning for construction of socialist and modernized country of rule of law in China. The scientific content and times spirit contained in it enriches and substantiates the basic value of laws and is the fundamental guidance for action in construction of socialist raw-ruled country. The socialist legal construction must take the scientific view of development as instruction to ensure that the legal ideology, laws creation, laws execution, the judicial and legal supervision to be consistent with scientific view of development no matter it's regarded as an undertaking or a work. Only if we insist the fundamental guidance for scientific view of development, namely, insist the leading for scientific view of development in socialist legal construction, can we ensure healthy and scientific development of the socialist legal constructionThe research on scientific view of development and legal construction has become a hot topic in academia. Many scholars have deeply studied them from different angles and achieved rich and generous academic achievements. This paper emphatically studies and thinks how to construct the society of rule of law and create legalized civilization from the angle of view for scientific view of development through systematic summarization and induction of a lot of related literatures and works while taking the actual current situations of China into account. While this paper discovers the significant theoretical meanings for scientific view of development and the current legal situations of China, it proposes some tentative plans and suggestions for promotion of scientific legal construction in China.Besides the introduction and conclusion, this paper is divided into three parts.The first part is the introduction for scientific view of development and its instructive meaning for the legal construction in China. First, this part summarizes the basic theories on scientific view of development and respectively introduces the basic concepts on scientific view of development, the background for scientific view of development, the theoretical characteristics and the methodology for scientific view of development. Second, this part introduces the basic connotation and the core content for scientific view of development and the main content is that the development is the first essence for scientific view of development; people-orientation is the core for scientific view of development; the comprehensiveness, coordination and sustainable development is the basic requirement for scientific view of development; overall plan and consideration is the basic method for scientific view of development. Finally, this part expatiates the instructive significance for scientific view of development for legal construction of China and this part mainly expatiates from the instructive significance of five aspects, including scientific view of development leading China to create socialist legal ideology in the legal construction, establishment for scientific view of development with overall plans and considerations, establishment for scientific view of law execution that executes laws in accordance with regulations of laws, establishment for scientific view of justice for fair justice and establishment of scientific legal supervision.The second part is the analysis from the visual angle of scientific view of development for current status of rule of law in China. First, this part introduces the problems of legal concepts among the legal constructors in China and the related causes from both traditional and real aspects. Second, this part analyzes the problems in legislation, laws execution, justice and legal supervision and the related causes from angle of scientific view of development from all processes of legal practice to make an overall description on current status of rule of law in China.The third part introduces the conceptions on promotion of scientific view of development for legal construction from five aspects, including legal concepts, legislation, law execution, justice and legal supervision. First, in the aspect of socialist legal concept, this part explains that to promotes scientific view of development on socialist legal concept is just mainly to construct the legal concepts of:maintaining authority of laws, respecting and guaranteeing human rights and maintaining fairness and justice; Second, as for legislation, to promote the scientific view of development for legislation is mainly to create and improve legislation innovation mechanism, insist people-oriented legislation spirit, realize organic unification of legislation and develop and enhance the ability for creation and construction of harmonious society; as for execution of laws, we shall construct fair, strict, proactive and highly efficient execution of laws to realize the objective for scientific view of development; as for justice, we shall consolidate people-oriented spirit, make overall plans and considerations for interests of all parts, comprehensively enhance the judicative credit and realize coordinated and sustainable development to realize scientific view of development for justice; finally, as for legal supervision, we shall strengthen legal supervision, protect interest of the people and serve for the overall situation to realize scientific view of development on legal construction.
Keywords/Search Tags:Scientific View of Development, Status of Rule of Law, Conception on Rule of Law
PDF Full Text Request
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