The Political Logic Of Contemporary Chinese Legal Regimes

The development of“Chinese Legal Regimes”is one important part of Chineselong march to modernization for Century.The ideal vision of“Rule of Law of China”is the keyconstituent element of thegrand goal of the modernization of China. Thelegal process from the founding of our states is the complex and specialphase ofChinese long march for century in legalfield. If we want torecognize and understandthe historical law of Chinese rule of law foe century，we must comb andanalyze it，andto do so, it will help us to construct andrealize the grand goal of “Rule of Law inChina”.What problems we rose determine what methods we can adopt， theobjectiveproperties of problems have determine the methods that can be used on them.Vice versa，and the different methods we adopt also previously influence whatproblems we can rise and what we know about the problemssubjectively. Whichmethods we adopt to analyze Chinese legal process is determined by the objectivehistoricalevolution，which methods we adopt will just influence what we can learnfrom it. The different dimensions and complexangles also the relative processes ofChinese legal development determine that we can adopt multivariate methods toanalyze it.The legal construction from the founding of our states was in thebackground of national building，social transformation，economical development andculturalchange，the beginning，transition，frustration，rehabilitate，onrush，changeand development was influenced by our political，economical，social and culturalenvironments. And it was the politics that influenced almost the whole areas and allphrases of Chinese legal process，including the macro frame，medium patterns and themicro forms，and because of that，we have formed our particular and strong tradition of“politics and law”.From the point of view characterized by form，the politicalenvironment has becomes deep background of Chinese legal construction，politicaldiscourse has becomes popular discourse of legal construction，political ends has becomes deep goals of it，andpolitical changes have been internal motives of it，ourlegal construction has already been infected with strong political overtonesand brandeda profound political blots. From the point of viewcharacterized by substantive role，theleadership of the CCP has influenced and shaped Chinese legal process deeply andstrongly，it can be said that it has dominated the whole process without doubt.Asthefundamental criteria，democracy of the people and rights of citizens are the keypolitical theses in Chinese rule of law that we cannot neglect，because the basicmotivation to push Chinese rule of law forward is coming from people，just as thelegislate foundation of it. Our core intention to construct legal systems is to protect，develop and perfect the rights of our citizens. So whether or not we can protect thedemocratic status and all rights with legal weapons equally and perfect them well，isthe most important political criteria of our legal systems. It means that it works and hasgreat significance when we use the political jurisprudence method to analyzecontemporary Chinese rule of law and to understand the practical law of Chinese legalprocess.To analyze and reflex contemporary Chinese rule of law with politicaljurisprudence method，first of all,wemust to clarify and explain the relationshipbetween the law and politics. Our contemporary arguments and debates on this thesishas many problems, such as the unclearness of our basic concepts, the divergence andincoherence of our dissertation, the mixing of Chinese and Western of what we talkedabout, and so on. So we need to view and clarify and criticize and reflex the existedarguments from theoretical point. In addition to this, we also mayinvestigate thehistorical development of the relationship between the law and politics in the westerncountries. we can analyze the inherent mechanism of the generating and changingrelationship between the law and politics, and also the problems of it. So that we canunderstand the relationship between the law and politics from the othersvision. We candrew some conclusions through doing so, such as, law and politics are two socialphenomena that have closerelation from ancient times to now, they intertwined andinfluenced with each other, they cannot separated with each other absolutely. It is justthat they had different relationships at different times and periods. How to realizethepositive interaction and good balance between the law and politics is still the unresolved important problem our have to face.We can study and investigate the political logic of contemporary Chinese rule oflaw from macro view through two different sides：the discourse and the practice of therule of law. The sociality and practicality of discourse makes it reasonable tounderstand the main characters and development trends of Chinese political legalpractice through viewing and analyze the reports and bulletins and resolutions of CCPsince the reform and opening. To sum up and induction the formal characteristics andtransforming mechanism and changing trends of the mainstream discourse aboutpolitics and law in the official documents of CCP, we can get a distinct perspective toreserve the political logic of Chinese rule of law. And the studying of the practice ofChinese rule of law canprovide a real reference and actual seal for our discourseanalyzing. Using the theory of distinction between justification and legislation, we cananalyze Chinese politicseffectively, and reveal theimbalance characteristic and itsinfluence to Chinese rule of law, and also to explore the possible roads of developingChinese rule of law balanced.To analyze the political logic of Chinese rule of law from medium point view,legislation and justice are two important contents that cannot be ignored, because theyare two crucial links and parts which structure the legal operation. The core of politicsis the power；legislation is the important highlights of power and also the crucialmethods to consolidate political power. It is one of core political activities of thecountry, and also the stage on which different agents play games with each other；It isone way through which politics transformed to laws, and it is one field that lawsregulated politics. The positivity of law in modern times makes the law cannot finditsArchimedean basis beyond the politics, we cannotdistinguish the law and politics atthe legislation, legislation and the law which it products operates according to thepolitical logic. So to investigate the legislation politics at the level of nation since thefounding of the country is the important window to study the political logic of Chineserule of law. The core of legislation politics is the legislative power, so theallocationpattern and operation way of the legislative power are the main contents of legislationpolitics, and also the legislative models which is formed by them. Since the foundingof the country, the operations of our justice was effectedand shaped by the strongculture of“politics and rule of law”, and formed notable tradition of “politics and justice”. Thefundamental properties and functional orientation and operational waysand organizational agency of justice were infected on strong politicalcolor,andgradually formed revolutionary and governmental models of justice,whichcorresponded to the political environment. The fundamental problem of thesetwo models of justice is they cannotconstraint public power and protectcivil rights, weshould construct rightful model of justice in the future.No matter the discourse and practice, or the legislation and justice, thefundamental reason that Chinese rule of law was effected and shaped by political logicis the relationship between law and politics. We canelucidate this problem further fromtwo key respects：one is the relationship of law and state. The existing and operationand development of contemporary Chinese rule of law is always floated in the macrocontext of the building and governance of the modern country, which makes it infectedpolitical color inevitably. By analyzing the example of the changing relationship of thefilial piety and law, we can conclude that the nationalism of Chinese rule of law isprominent, and this is one of the most important political logic of Chinese rule of law,and this political logic neglected the rightful dominant position of citizens in Chineserule of law. The other is therelationship of law and citizens. The zeitgeist of moderndemocracy and civil rights ismighty, it is the people that are the real political agent,and it means that whether it is helpful to shape andestablish and develop the equal andperfect citizenship or not is the fundamental politicalcriterion of Chinese rule of law.How to protect and realize anddevelop and perfect the rights of citizens through laws isthe fundamental political criterion of Chinese rule of law. By analyzing the differencesbetween the mass line and citizen participation, we can conclude that politics of rightsis the core political basis and fundamental political objectives of contemporaryChinese rule of law.Theobjectives of philosophy are not only to interpret the world, but also to changeit. The purpose of contemplating, investigating, combing and studying the Chinese ruleof law with political jurisprudence are not only to analyze and understand the politicallogic, mechanism and laws of Chinese rule of law, but also try to reflex and criticizethe theoretical and practical problems of it, and then to provide helpful theoreticalenlightenments for constructing and shaping the ideal developmental visions and roadsof Chinese rule of law in the future. We have to face the important problem of therelationship of the rule of law and politics in constructing and developing Chinese rule of law：on the one side,we cannot return the old pattern of legal operation that politicsdominatedand overridden the law completely and arbitrarily; one the other side, it isimpossible that we talk about and build rule of law without politics completely,weshould construct the positive interaction and perfect balance between the law andpolitics, we call it the new “law and politics” tradition. We should pursue and achievethe mutual support between the “good laws” which are established on the basisofdemocracy legislation and the “well politics” which are constrained by the legalconstruction, and form the new pattern of laws and politics. This new pattern of lawsand politics is needed all the citizens toparticipate in it actively and promote iteffectively, and its fundamental standard is to protect and perfect the civil rightsequally and positively.