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Socialist Country Under The Rule Of Law And Political Power Relations

Posted on:2003-10-29Degree:DoctorType:Dissertation
Country:ChinaCandidate:A J ZhongFull Text:PDF
GTID:1116360062490893Subject:Scientific socialism
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Our country has decided to construct a socialist rule-of law country. Butsocialist rule-of law countries have never existed. So before pushing forwardconstruction of socialist rule-of law country, it is firstly necessary to make itclear what it is. It is the most important and a basic problem of constructiona socialist rule-of law country. Secondly, it is also necessary to make it clearwhat the political powers re1ations of a socialist rule-of rule country is. It isthe key to construct a socialist ru1e-of -law country.On one hand, a socialist ru1e-oflaw country is a rule-of law country;one the other hand, it is a socialist country. As a rule-of law country, it hasthe basic attributes of a common rule-of law country, that is, the merits ofrule-of law that check state powers to maintain people's rights; and adhere tothe principles of rule-of law that law is at supreme position, real law is notunjust, judicature is independent and procedural principle is also important.As a socialist country, it has the basic attributes of socialism, namely, thebasic merits that realize freedom of all socia1 members. The basic merits ofthe rule-of law country and the socialist country are unified on the base ofrealizing people's rights and liberty. The basic attributes of socialist rule-oflaw is organic unification of the basic attributes of socialism and those of the-rule-of law countries, that is, checking the socialist state powers andmaintaining socialist people's rights. Conform to it, keeping leadership ofthe communist parties is necessary, besides the principles of rule of law.Political powers are ability that some classes or its deputy dominateother social subjects for attaining and maintaining state powers to rea1izeown benefits. Political powers relations are those that politica1 powersinteract to realize the ruling class's benefits. In a socialist rule-of rulecountry, political powers include people's powers, the powers of the partythat delegates people's benefits and the powers of state which becomes thetool for realizing people's benefits, namely, people's powers, the communistparty's powers and the state powers, and they are all can divided to thecentral powers and the regiona1 powers. The relations between people'spowers, the communist party's powers, the state powers, the central powersand the regiona1 powers are the political core of the socialist country. Thepolitical power relations of the socialist country must adhere to and realizethe basic merits and principles of socialist rule-of law.First is the relation between people's powers and state powers. On onehand, people's powers dominate and check state powers by rights and thecommunist party's powers. Firstly, people institute nation, award it rights toexert state powers by suffrage. Secondly, people dominate and check statepowers by the communist party's powers, make it be exerted in the will of itspolitical deputy, that is, the communist party. On the other hand, statepowers counteract people's powers by dominating exertion of people' rightsand the communist party' powers. State enacts and checks exertion ofpeople' rights and the communist party' powers.Second is the relation between people's powers and the communistparty's powers. On one hand, the communist party's powers dominatepeople's powers by dominating peop1e's rights and state powers. Firstly, thecommunist party dominates exertion of people' rights by the attractionfOrmed by correct ways, guidelines and policies and vote for its nominationin state's votes. Secondly, the communist party dominates the state powersby reign rights, and then dominates people by the state powers. On thesecond hand, people powers dominate and supervise the communist party'apowers by people' rights and state powers. Firstly, people take advantage ofrights such as suffrage to check the communist party's powers by vetoing itsnominations and drafts. Secondly, people tak...
Keywords/Search Tags:socialist rule-of law country, the political powers, rights criteria
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