The Study On The Mechanism Of Cultivating Socialist Ruleof Law Spirit

Promote and foster the spirit of the rule of law is a significant proposition accompanied by the process of managing state affairs according to law. Central authorities stated “promote the spirit of the rule of law” clearly for the first time in 2005.It is stressed to “carry out legal education deeply, promote the spirit of the rule of law, form social atmosphere which study and abide law consciously” in the 17 th CPC National Congress. The 18 th CPC National Congress further clarified the objectives and requirements to carry forward the spirit of the rule of law, that is “establish the social concept of rule of law, enhance the consciousness of law learning, law respecting and law abidance of the whole society”. The Fourth Plenary Session of the 18 th CPC Central Committee first discussed “rule of law issues” in the party’s history. So far, promote and foster the socialist rule of law, leading the whole society to establish the concept of the rule of law, forging legal thinking, has become an important task of comprehensively promote the rule of law strategy in the new era. The key to accomplish this task is to explore the construction of an effective and sustained construction mechanism,to make the rule of law become the basic behavior of all members of society, in order to ensure synchronous implementation among the rule of law, government with rule of law and society with rule of law. So, what constitutes this mechanism? What are the factors affecting and restricting the construction of the mechanism? Where is the key, difficult and the starting point of the construction? These are all the issues that we need to solve as soon as possible.According to the above-mentioned problems, this study is guided by Marxism, use the research methods including literature analysis, qualitative analysis, and systems analysis and so on. We systemic grasped the process mechanism of fostering the spirit of rule of law on the whole by clarifying the basic concepts of the spirit of socialist rule of law and sorting out the development history of legal system construction and the spirit of the rule of law since our country founding. Then we analyzed all kinds of factors which impeded the mechanism construction of the spirit of the rule of law. On these bases, we proposed the theoretical framework and basic strategies of the cultivating mechanism establishment of the spirit of the rule of law.Finally, aside from the introduction and conclusion, the entire article consists of four parts, six chapters.The first part is the first chapter, this part focused on solving the problem of “What is the logic basis of advocating the establishment of the mechanism of cultivating the spirit of socialist rule of law”, including three areas of basic concepts, the sort of history and the substance of the spirit of the rules of law. On the basis of analyzing the concepts of the rule of law and sorting out the basic historical context of law construction since the founding of our country, we cleared out that cultivating the spirit of the rule of law is deeper and more fundamental requirements in the succession of the existing law construction, and pointed out the essence of cultivating the spirit of the rule of law is a generative process involving all citizens, it follows the internal logic including main isomorphic, process stack, real andgoodness, knowing and intermediation, we must establish an effective mechanisms to accomplish the process of cultivating.The second part is the second chapter, this part focused on the historical and real factors which affected and restricted the establishment of the mechanism of cultivating the spirit of socialist rule of law. This part pointed out that the concept of conflict between modern concepts of the rule of law which treats contract as core and the law tradition formed of Chinese traditional culture including “the governance of ritual in company with law”, “the law enacted by the king” and “considering the different situation during the law enforcement”.This became the ideological obstacles of the construction of the mechanism to a certain extent. Thus we discussed the current resistance that the cultivating faced to from the internal and external part. We inquired the negative influence that caused by the consciousness of citizens of the weak rule of law, judicial credibility weaken, China’s position and orientation of the Western game, the influx of Western culture and the proliferation of products during the process of constructing the mechanism of cultivating the spirit of the rule of lawThe third part is the third chapter, this part analyzed the construction of cultivating the spirit of the rule of law mechanism fundamentally on the theoretical side, tried to propose the basic principles and the general idea of the construction of this mechanism. We pointed out that to construct the mechanism must follow the general idea including the combining of order maintenance and education, the combining of behavior standard and spirit-built, the combining of knowledge transfer and value-oriented and the combining of atmosphere created and individual guidance, thus also found the key point, difficult point and the breakthrough point.The fourth part is the main part of the paper, including the fourth, fifth and six chapters,this part proposed the basic strategy of the construction of cultivating the spirit of the rule of law mechanisms on practical level. The mechanisms included the establishment of the body positioning mechanism which clears the responsibility of different roles, the actualized mechanism which stresses the innovation of the theory and the combination of knowledge and action, the protection mechanism which manage the system of the mechanism and standardize the operation. Focused on the analysis of different roles and responsibilities of the “decision –oriented” subjects, “interpretation – deepening” subjects, “communication – universal”subjects during the process of cultivating, then analyze the practice process from the dimension of ideological orientation, benefits prime mover, the dissemination and identity.Finally establish policies, personnel and financial security mechanisms, in order to ensure the availability and normalcy of cultivating the spirit of the rule of law.