Socialist Legalization

As an open theory evolving with time, scientific socialism shall never leave unheeded the social changes presently occur in the reality of socialistic countries that center around the administration transformation of a nation, instead, it is supposed to strive for an acute grip as well as a thorough study of them. Researches on rule of law among the Chinese academia has long been confined to "talk of rule of law for rule of law's sake" with scarce ventures of discussing rule of law from the perspective of socialism ever since proposal of "Administrating the country in conformity with law in the construction of a legal socialistic nation" made by our party at the 15th NPC. People seem to have neglected the vital issues of why and how an incorporation of rule of law into the basic social system of China-socialism can be feasible, which leads on one hand to a "theoretical confusion", that is, failure in offering a scientific and complete theoretical explanation for the relationship between socialism and rule of law; on the other hand, it has caused a "vacillation in actions", that is, failure in a profound construction of socialistic rule of law owing to the lack of an effective guidance of scientific theories. In light of these, a trial study of rule of law and realization of rule of law from the viewpoint of scientific socialism shall be deemed important in both theoretic sense and practical sense. With the active precedents of research concerning rule of law as the basis and a scientific socialism as the focus, this dissertation offers analyses and expatiation of "what", "why", and "How much feasible" can socialism be combined with rule of law. It is held throughout this paper that the process of social changes which has been transforming the administration of our country from a socialistic man-ruled one into a law-ruled one be concluded as a "socialistic realization of rule of law". The paper then, offers a trial exploration into the construction of a theoretical system for socialistic realization of rule of law. In addition to the Introduction and Conclusion, the dissertation includes 3 sections totaling 8 chapters for its body. The following is an abstract for each section: The 1st section is " Groundwork for the Socialistic Realization of rule of law", which defines rule of law, realization of rule of law and socialistic realization of rule of law. Among them, The 1st chapter reveals double connotations of rule of law, that is, governing of a country "in conformity with law" and a legal system having "democratic legal system" as the essence; after a comparison between a man-ruled society and a law-ruled one, the paper concludes that rule of law has as its internal essence the following 4 aspects: the supreme authority of law, equality of man in front of law, restriction on the public power, and protection of citizens' freedom and rights. Besides, it also briefly mentions differentiation of "formal rule of law" from "virtual rule of law" as well as that of "legal system" from "rule of law".The 2nd chapter is devoted to analyses of the connotations of realization of rule of law, its logic for evolution, a reflection on the development of realization of rule of law, and sorting out of the correlation among realization of rule of law, marketization, democratization, and internalization. It is maintained that realization of rule of law is accompanied by marketization and democratization. It is actually a transformation from man-ruled autarchy into a legalized society that follows the internal logic of transforming from formal rule of law to virtual rule of law, from construction of law-ruled country into construction of law-ruled society. As far as the correlation among realization of rule of law and marketization, democratization, internalization is concerned, it is proposed that marketization should lay the economic foundation for realization of rule of law while democratization, the political foundation for realization of rule of law, and internalization, the external motive for realizatio...