Research On The Jiang Zemin Thought Of "Rule Of Law"

The rule of law is opposite to the rule by person,It's a policy and principle governing country which build up on the democracy foundation,it has the strict differentiation with legal system,the latter is the brief name of the law and system..I define the thought of Jiang Zeming on governing country to the thought for the rule of law in my thesis on the foundation of the differentiation,and it's carried on the system, overall study.Jiang Zemin is the third generation core with collective central leadership of Communist Party of China.From The Third Session of the Eleventh Central Committee of the Party to the Sixteenth National Congress of the Communist Party,in 13 years of his tenure,in his leading socialism with Chinese-characteristic fulfillment, He persisted and developped the Marxism and the rule of law theories and rule of law thought with Chinese-characteristic.and formed the relatively independent system of rule of law.The Jiang Zemin thought of"Rule of law" is formed from the the process from the planned economy toward the market economy,It is the concentrated reflection on the market economy of Chinese socialism on the hand of the rule of law, It is also the generalization by the rule of law on the the market the economy establishment of Chinese socialism,It is a creative theory result of socialism of the political construction with Chinese-characteristic,It is also the thought of "Rule of law" of Mao Zedong and Deng Xiaoping.It is the contemporary theories of rule of law of the Chinese Marxism.Study on it systematically has the very strong theories value, academic value and the fulfillment meanings.This thesis mainly includes following contents:The introduction part emphasized to elaborate the theory frame and the theory system of the rule of law thought of Jiang Zemin,explained The Jiang Zemin thought of"Rule of Law" is a relatively independent theory system.Chapter 1 mainly discussed the formative times background of The Jiang Zemin thought of "Rule of Law".The formation of The Jiang Zemin thought of "Rule of Law" has it's particular international background and local background,The local background mainly includes:Empirical summary of history;The politics,economy, culture condition.The international background mainly include:The crisis of the governing country mode of The Soviets;The drawing on the experience of the western rule of law mode;The new the trend request of Political economy in world.Chapter 2 mainly put forward the formative theories foundation of The Jiang Zemin thought of "Rule of Law".The Jiang Zemin thought of "Rule of Law" is not the wate of no source,not the the end no origin,Its formation has deep theories foundation,Among them,the western thought of rule of the law is the theory headstone of The Jiang Zemin thought of "Rule of Law";The traditional thought of rule of law of our country is the important origin of The Jiang Zemin thought of"Rule of Law";The Marxist theory of rule of law is the theory fountain head of The Jiang Zemin thought of "Rule of Law";The Mao Zedong thought of Law is an important theory basis of The Jiang Zemin thought of "Rule of Law";The Deng Xiaoping thought of "Rule of Law"is the direct theory origin of The Jiang Zemin thought of "Rule of Law".Chapter 3 mainly inquiried into the formation and development history track of The Jiang Zemin thought of "Rule of Law".The formation of The Jiang Zemin thought of"Rule of Law" has it the deep history cause,Jiang Zeming's managing the central work of CPC is the important premise of the formation of The Jiang Zemin thought of "Rule of Law";The modernization construction fulfillment of socialism with Chinese-characteristic is the fulfillment foundation of The Jiang Zemin thought of "Rule of Law".As the saying goes,Rome was not built in a day,the same to The Jiang Zemin thought of "Rule of Law".It experienced the following development stageses:The first stage is the sprout stage of The Jiang Zemin thought of"Rule of Law",It's from 1980 to 1989 when The Fourth Session of the Thirteen Central Committee of the Party convened;The second stage is the preliminary taking shape of The Jiang Zemin thought of "Rule of Law",which from June,24,1989 to the day March,31,1993.the third stage is the establishment stage of The Jiang Zemin thought of "Rule of Law",which from March,31,1993 to the day when the fifteenth National Congress of the Communist Party convened in 1997.The fourth stage is the development and perfection stage,which is from the day on september,12,1997 to the sixteenth National Congress of the Communist Party lowered the curtain.The Jiang Zemin thought of"Rule of Law" has fresh and clear characteristic in each stages.Chapter 4 mainly elaborated on the main contents of The Jiang Zemin thought of "Rule of Law,including its core and essences-------"Rule of Law";The constitution thought,Penal code thought,The economic code thought,The science and technology method thought and the military method thought.Chapter 5 mainly expounds the theory features of The Jiang Zemin thought of "Rule of Law".Mainly includes:the unity of inheritance and originality;the unity of systematicness and sciencialness;the unity of theory and practice;the unity of the times attribute and the attribute of making something open to public access.Chapter 6 mainly analyzed the worth target of The Jiang Zemin thought of"Rule of Law".The Jiang Zemin thought of"Rule of Law" has it's own worth target,which is similar to all law theories,At all,it's worth target has some common to the other law theories and also have some difference from the other law theories.The worth target of The Jiang Zemin thought of "Rule of Law" mainly includes:Norm and control the public power and create and maintain the social order which is advantageous to mankind;Guarantee human rights and promote the person's free development fully;Promote social justice,bring about the society concordance.Chapter 7 points out realistic meaning and history positions of The Jiang Zemin thought of "Rule of Law" after analyzing the present condition of our country law.The conclusion part carries on the outlook to the construction of law of 21 centuries of our country.We must Insist on The Jiang Zemin thought of"Rule of Law" as a guide,push forward the constuction of rule of law of China in 21 century strongly,and build China into a country rule of law.The country under the rule of law must have a few main factors:The democracy lawmaking,Theperfect legal system,The leadership of CPC,Administration by law,The impartial judicature,The basis right,The power restriction and The democracy supervision.