Rule By Law: The Profound Transformation Of The Basic Way Of Governing The Country

Since the 1911 Revolution led by Sun Yat-Sen. Chinese people have kept searching a democratic society without imperial authorities. Since the founding of the People’s Republic of China in 1949,it has opened up the development history of democracy and republicanism in China. After 65 years of development and changes, the Communist Party’s ruling standpoint has been changed from contempt of the law to paying attention to it, from ruling by men to ruling by law. After the Third Session of the Eleventh Central Committee of the Communist Party of China (CPC), China has great success in economy, the improvement of governance became very important in the new historical period, especially at a critical juncture of deepening reforms and overcoming difficulties. It was a significant progress to use legal thought and legal way to advance Socialist construction and development. Since the 18th Congress, the new general plan of the new central leading collective, Xi Jinping as its core, has proposed the strategic thought of building moderately prosperous society, deepening reform, ruling of law, running the Party strictly, which showed CPC’s determination of improving the governing ability and the ruling level. The 4th plenary session of the 18th CPC Central Committee focused on "comprehensively advancing the rule of law". The document not only creatively combined Marxism and Leninism’s idea of country and law with China’s national conditions and the construction of modernization, but also laid the foundation for governance theoretically and practically to realize the Chinese Dream of rejuvenation. The success of construction with the socialist rule of law with Chinese characteristics should be based not only on the top-level design of the party, more theoretical and practical innovations are needed. This is a process of socialist system with Chinese characteristics’self-perfection, an unprecedented great undertaking, a difficult and complex project, an extensive and profound revolution in governance.The 4th plenary session of the 18th CPC Central Committee focused on comprehensively advancing the rule of law in China, the general target is to form a system serving "the socialist rule of law with Chinese characteristics" and build a country under "the socialist rule of law". In the communique, "ruled of law" was mentioned more than 50 times, "governing the country by Law" was also a high frequency words. "Governing the country by law" is the fundamental guideline to administer the state under the leadership of CPC. The implementation of this strategy and the rule of law in China means the rule of law gradually become a basic mode of governance. The main standard to judge whether a country, a government or a society is known as the rule of law, is to evaluate the level of rule by law and whether the people has established a sincere belief in the rule of law. There two types of governance in china and almost western countries, rule by men and rule of law. The replacement of rule by men is an important sign of civilized progress. The development history of human society should be a history that the rule by men gradually withdrawn from the long history, while the rule of law become the mainstream of the times. It is a great breakthrough in concepts and methods of governance, which means the establishment of the rule of law, comprehensively advancing the rule of law, make the rule of law become a basic mode of governance. It is also the only way to promote the modernization of governance systems and capacity. In order to make the rule of law become a basic mode of governance, we must dialectical unity of adhering to party leadership, letting People be the master of state and managing state affairs according to law, must adhering to scientific legislation, strict law enforcement, judicial justice and civil obeying the law, must adhering to jointly promoting the rule by law, reign by law and administration by law, must adhering to forming the legal environment of acting according to law, finding a legal solution to problems, resolving conflicts by law. For the future, law will be a common code of conduct for the whole society, the rule of law will be a common faith, when the rule of law in China was built. In the process of comprehensively advancing the rule of law, the most important thing is bring the governance into legal system. If only all the public power and its exercises was used according to the law, regulated by law. Not to mention, the illegal activities such as substituting one’s words for the law, suppressing law with power and bending the law for selfish ends, will be subject to legal liability, the law will become the basis of justice and the representatives of fair, it will win people’s wholehearted support and sincere faith.Under the guidance of Marx and Engels’theory of dialectical materialism and historical materialism, the author focused on the profound changes of governance as the core concept, construction of the socialist rule of law with Chinese characteristics as the research interests. It researched the construction of the socialist rule of law, a realistic and practical subject, in terms of governance reform with the combination of historical documents, process analysis and systematic discussion. With thoroughly implement and research on Xi Jinping’s theoretical spirit about the construction objectives, overall layout, governance style and fundamental purpose of the legal construction of our country, the author strengthened the whole advancement and coordinated development of the legal construction, maintained the overwhelming majority of the people’s fundamental interests by legal thinking and legal way, promoted and guaranteed the realization of the Chinese Gream by the rule of law. In order to maintain the authority of the constitution and the law, we must built legal government by deepening the reform of administrative government, promote judicial reform by de-localization and de-administration, make sure to exercise adjudicative and procuratorial powers independently and impartially according to the law, build judicial power operation mechanism, which centralized the division of responsibility,mutually coordinates and mutually restriction, gradually perfect the system of human rights’judicial guaranty. We believe that CPC has the confidence and ability to implant the modernization of governance into the construction of socialism with Chinese characteristics, the rejuvenation of the Chinese nation will come true.Except the introduction, conclusion, acknowledgements and bibliography, this dissertation has 11 chapters. Chapter 1 tried to make a theoretical and historically analysis of ancient and modern China’s rule of law, compare the rule of law between West and East. Chapter 2 focused on the theoretical origin of socialist rule of law. Chapter 3,4 and 5 discussed Deng Xiaoping, Jiang Zemin and Hu Jintao’s theory contributions and important developments about socialist rule of law during the Third Plenary Session of CPC’s 11th Central Committee and 18th Party Congress. Chapter 6,7 and 8 discussed the practice of the socialist rule of law. Chapter 9,10 and 11 discussed the rule of law as a breakthrough of governance’s reform from the problems and deficiencies in the construction of rule by law in China, focused on Xi’s thought of rule by law, explored the direction and way for the legal construction, suggested a solution to the problem.