Research On The Construction Of Leading Cadres' Ruling Ability In Power According To Law

Modernization of State Governance as a new political idea, it requires building up the scientific systems, institutions, mechanisms, laws and regulations and using them properly to govern the Country on adapting the changes of times, in order to achieve the institutionalization, normalization and routinization of the governance of Party, the State and the social affairs, and finally to achieve the transformation from the modernization of the hard power of the artifacts level to the modernization of the soft power of the systems, institutions and mechanisms of immaterial level. For our country, the Communist Party of China is the central main body of the national governance. From the date of the proposal of the Modernization of State Governance, it gives us new and higher requirements on Party’s Governing Capacity Building, especially on the Capacity Building of Law-based Exercise of State Power of the leading cadres as “Critical Few”.To successfully implement the Modernization of the State Governance, we need to “unite with the Law-based State Governing as the basic strategy and the Law-based Exercise of State Power as the basic mode together” as required by the 4th plenary session of 18 th CPC Central Committee, both comprehensively putting forward the Law-based State Governing on a macro-level and enhancing the Capacity of Law-based Exercise of State Power by deeply advancing the Administration by Law through the efforts of leading cadres at all grades on a micro-level.This paper takes the Modernization of State Governance as the angle of view of research and the Leading Cadres as the main body of research. The overall framework and research map of this paper is as follows:what kinds of new requirements have been put forward on the Capacity of Law-based Exercise of State Power of the Leading Cadres due to adhering to the Modernization of State Governance?→What kinds of maladjustment have been existing on the Capacity of Law-based Exercise of State Power of the Leading Cadres due to facing to the Modernization of State Governance?→how can we strengthen the Capacity of Law-based Exercise of State Power of the Leading Cadres so as to suit the Modernization of State Governance and how can we keep the benign interaction between them? This paper starts with the theoretical interpretation of the Modernization of State Governance and the Capacity of Law-based Exercise of State Power of the Leading Cadres, and then deeply searches for the historical practices and foreign experiences of the Capacity Building of Law-based Exercise of State Power of the Leading Cadres, and ends with the proposal of the strategies of the Capacity Building of the Law-based Exercise of State Power of the Leading Cadres. This paper tries to sort out and systematize the the results of previous researches, and attempts to construct a more rigorous logic system from the theories development to practice innovation with the expectation of giving out some enlightenment and references in a long term for the Party’s governing practice.This paper includes five parts.The first chapter describes the theoretical connotations and intrinsic associations between the Modernization of State Governance and the Capacity of Law-based Exercise of State Power of the Leading Cadres. Based on the respective discussions on the scientific connotation, background and significance of the Modernization of State Governance and the Capacity of Law-based Exercise of State Power of the Leading Cadres, this paper searches further the intrinsic associations between the above-mentioned two.The second chapter analyzes the Capacity Building of the Law-based Exercise of State Power of the Leading Cadres from the ruling in some areas phase to the ruling in the whole Country phase,with dividing into three times: New democratic revolution, Socialist revolution and construction, since Reform and Opening up to now. On the basis of Profoundly summing up historical experiences, this paper comes to the initial induction of four profound lessons on the Capacity Building of the Law-based Exercise of State Power of the Leading Cadres.The third chapter takes partial leading cadres as analysis sample by the empirical method and carries out qualitative and quantitative researches. This paper focuses on the diversification of the governance main body, the dimensional characteristics of the governance objects, the humanization of the governance targets, the civilization of the governance ways, the legalization of the governance rules etc under the perspective of the Modernization of State Governance which put forward a lot of new requirements on the current Capacity of the Law-based Exercise of State Power of the Leading Cadres.This papers exerts itself to discover the practical difficulties, to inquire the effective causes and to work out the problems.The fourth chapter sorts out and draws the lessons from the experience of the Soviet Union, Eastern Europe and other socialist countries on the aspect of the Law-based Exercise of State Power of the Leading Cadres of the Ruling Party. This paper also analyzes and study on the successful experience of the People’s Action Party of Singapore on the aspect of the Law-based Exercise of State Power of the Leading Cadres. Based on the above-mentioned, this paper extracts the useful inspiration for our Country on the Law-based Exercise of State Power of the Leading Cadres.Based on the aforementioned basic theories, historical development and foreign experiences, the fifth chapter is mainly discussing how to advance the path choice and system construction of the Law-based Exercise of State Power of the Leading Cadres which needs to match organically and interact bilaterally with the Modernization of State Governance under the background of the proposal of the two connected great targets by the 3rd and 4th plenary session of 18 th CPC Central Committee.This paper proposes to strengthen the education on theconcept of Rule of Law and train the thinking ability of Rule of Law for theleading cadres. This paper maintains to improve the power operation system and raise the capacity of the Administration by Law for the leading cadres. This paper suggests to cultivate a good legal environment and strengthen the legalresponsive capacity for the leading cadres. This paper advises to increase the assessment of practical performance of Rule of Law which needs to be included into the evaluation system of the leading cadres. All of the above-mentionedcountermeasures ought to form a feasible and closed-loop system including from thought to act, from power to responsibility, from institutions to abilities.This paper summarizes the main research results as follows: Firstly, this paper puts forward the new angle of view by placing the Law-based Exercise of State Power of the Leading Cadres under the great background of the Modernization of State Governance on the basis of previous researches. Secondly, thispaper has widened the research field by choosing the leading cadres--the “Critical Few” who participate by law in the state governance and the improving ofthe Law-based Exercise of State Power of the Leading Cadres as study objects,under the great background of the the Modernization of State Governance andcomprehensively advancing the State governing by Law. Thirdly, based on theanalysis of the present situation for the Law-based Exercise of State Power of the Leading Cadres, this paper has initially established the evaluation index system with scientific design and practical focus for the Law-based Exercise of State Power of the Leading Cadres so as to strengthen the Scientificalness and authority of the Law-based Exercise of State Power of the Leading Cadres by the accuracy and impartiality of the performance assessment as per the requirement of “including the Construction Results of Rule of Law into evaluation index system of governing performance ”.