The Study Of The Legitimacy In Power Of The Communist Party Of China

Any party in power, who wants to consolidate one's own ruling status, and realizes its own target in power, will need to seek and strengthen one's own legitimacy foundation. There can be no exception whatever in the political party of capitalist class or the proletariat political party. As the only party in power of China--The Communist Party of China has been in power already for 50 years, undeniable, it is legal that it is in power. However, this kind of legitimacy stems from the inertia of history, even already constructed the legitimacy foundation, but unconscious in theory, the theory demonstration lacking the visual angle of legal principle. Therefore, in the today of economy fast developing, overall national strength strengthening, international status promoting, the Communist Party of China still face the challenge of legitimacy. So, this text regards the relation between power and right as the approach to study the legitimacy question in power of the Communist Party of China, attempting to regard a new visual angle to prove legitimacy of the Communist Party of China in power , the purpose is to rebuild the legal foundation in power, and construct one conscientious in power foundation in accordance with the theory to form at theory and practice, and look for the disparity and countermeasure in realistic construction, dissolve various kinds of crises that legitimacy in power faces, make the legitimacy foundation in power of the Communist Party of China more steady , richer, in order to reply various kinds of challenges.This text is divided into five chapters altogether besides guiding part and conclusion part:The guiding part mainly puts forward the proposition and explains the foundation stone question and value in the study. The author holds that various kinds of the transformation and failed lesson of contemporary world's parties in power and the test that the Communist Party of China in power faced need us to study the legitimacy of Communist Party of China in power urgently. The legitimacy in power of the Communist Party of China involves the legitimacy question in power right in fact, and the right in power is the most sensitive part in the power category. Its relation with the right involves the key question in the legal construction of China. So, it is great to regard the relation of power and right as the new theory approach angle. The foundation stone question of studying in this proposition is the legal basic question in power of the Communist Party of China, then around the foundation the author demonstrates the legitimacy in power of party, and inspects the puzzle in power of the party and the advice of legitimacy construction in power of party.Chapter one mainly is the explanation of the concept of the legitimacy in power of the Communist Party of China. The writer combed the legitimacy concept and explained the power (right) concept, then put forward the concept of legitimacy in power of Communist Party of China. The legitimacy in power of Communist Party of China in this text referred to: In socialist China, the Communist Party of China in power is generally approved and awarded from subjects of right, and owned the control and application of state power, led the social political life, and by using it the party works for the interests of people (the public ) , works for justice for the society, works for the order to get the rule, thus make the position of the party in power obtain lasting stability.Chapter two mainly analyzes the basic question of legitimacy in power of the Communist Party of China. This chapter is studied through combing China and foreign countries'study and achievement, clarify the line of legitimacy foundation and legitimacy resources, provide the concept and substantive issue on the legitimacy foundation in power of political party, namely in a regular period, in a political, economic and social condition, the basic condition which the party in power realizes stabilizing ruling effectively. The essence on the legitimacy foundation in power of political party is the basic question in power, it determines the legal nature in power of political party, and is the foundation stone question in the study of legitimacy of the Communist Party of China. The author adopts to the introspection of nowadays'research, the inspection to the political, economic and social life in reality, the new understanding of the theory of interests to the right concept, the perceptivity in many aspects, such as nature, guiding principle and country governed by law to the Communist Party of China, etc., thinks that the legitimacy in power of the Communist Party of China should be set up on the basis of right.Chapter three regards the relation between power and right as the approach mainly, proves the legitimacy question in power of the Communist Party of China. The author takes democratic society governed by law as the background, regards theory of the agreement as the theory to consult, and thinks that the legitimacy question in power of the Communist Party of China should be solved firstly in legitimacy of the source, the form and the operation of the power; Secondly, solved in the realization degree problem of the right or the interest of overwhelming majority of the people. These two respects are dense and integral, the legal power the result with constantly inter-dynamic of right and power. The legitimacy in power of the Communist Party of China can be proved concretely through following three aspects: First, on the essence element, namely the right in power stems from the right, solve the essential problem of the right in power; Second , on the form element, namely right in power is authorized legally, solve the problem of the way of the right in power; Third, on the operation element of the right in power, namely the right in power right's operation is limited by in the right and law, solve the operation direction problem of the right in power. The one that need especially emphasized is, first, the right in this text is the general, people's right, not the rights of empty one or a few groups in the west; Second, the legitimacy of right in power can't be confined of the legitimacy of single element, and can't only consider the source and the form, should take care of the legitimacy of operating mechanism. Three elements are the organic unification, indispensable.Chapter four mainly based on the level of reality, analyzed and summarized the puzzle and challenge which the legitimacy of Communist Party of China in power faced. The author combined with native reality, compared with the right state, analyzed and held that no matter the right of the Party in power is weakened, suffused or even be marginalized, or the right is divorced from the right in power; No matter the right in power of the Party loses supervision of the right, or the blank of the legal liability of right in power, all of these proposed the severe challenge to the right in power of the Party, may waver legitimacy foundation of right in power, and then threaten the ruling status of party in China. Reasons for producing these questions are in many aspects. The author thinks, thought of heavy obligation, light right in China's traditional political culture have influenced the development of the right; Landing of market economy late make the lacking of the rich soil that the right grew in China; The political structure reform incompletely has restricted the effective disposition to power; The disappearance of the law has hindered the sound development of right in power too.Chapter five mainly proposed the whole thinking of legitimacy construction of the Communist Party of China in power. Legitimacy construction is the course of the operation of right and power in the construction governed by law in China. In the course of constructing, to make the system practice follow certain direction and goal, avoid blindness , we must regard important thought of"Three Represents"as guidance, with governed by law principle, and right in power and right's harmonious unification as the principle. In the thinking way concretely, first, the party in power should establish the correct power view, ensure the people's right from system, realize the right and right in power inter-dynamic; Second, foster and strengthen right consciousness , perfect the people's congress system, restricted and supervised the right in power, prevent right abusing and corruption; Third, strengthen institutional constructing , perfect laws and regulations , use the law and legal system to format the relation of right in power and other common power, and the relation of right in power and right. The conclusion part based on the author's experiencing mainly, strengthened the important value and urgency of the study of legitimacy of the Communist Party of China in power again. The author realized that the task of fostering the right of Chinese common people and format the right in power is far from realized; As the student of theoretical research, I should seize the hour to carry on the study of the legitimacy of Communist Party of China in power actively.