The Study Of Jiang Zemin’s Thoughts Of The Rule Of Law

In the “The Decision on Major Issues Concerning Comprehensively Deepening Reforms”, adopted at the close of the Third Plenary Session of the 18 th CPC Central Committee, Xi Jinping appealed to everyone to uphold the authority of constitutional law and to enhance the legal concept in the whole society, and he also clearly raised a claim to keep judiciary independence, which formally established the goal of promoting the construction in the process of “china governed by law”. This suggests that the communist party of China has raised the construction of the rule of law to a new height. The party’s understanding of the rule of law is consistent, so one of the important foundations of the law construction adopted by the new leading group of the Party is the rule of law promoted by the third generation leaders who regard Jiang Zemin as the core. In the late 1980 s to the early 21 st century, under the effluence of the domestic and international situations such as drastic changes in Eastern Europe, Jiang Zemin, the core of the third central leadership, works hard to overcome various adverse effects of domestic and external factors and adhere to the rule of law. Now peace and development remain the mainstream of our times, and China is at a critical period of social transformation, which is the international background and domestic economic background we are in. we need to further study the rule of law thought of Jiang Zemin, which is meaningful and influencing for the rule of law and the legal globalization. What’s more, It has important historical and realistic significance to promote the modernization of national management system and management ability construction in order to build a well-off society in an all-round way, and ultimately achieve “Chinese dream” including China “a dream of the law”.This thesis is trying to study thoroughly and systematically the theory origin, formation and development, main content, evaluation of the rule of law thoughts of Jiang Zemin as well as its influence on contemporary system, on the basis of which, dialectical and objective understanding are formed in order to summarize and promote the rule of law of Jiang Zemin thought, and extract helpful theoretical reference to realize the national prosperity and rejuvenation.This article is developed into five parts to analyze Jiang Zemin’s thoughts on the rule of law.The first part, we will analysis the basic theory of the rule of law. Firstly, from the perspective of semantics, I will make a comparative analysis between the foreign law and domestic law and get the conclusion of consistency of the concept of the rule of law at home and abroad. Secondly, from the perspective of subject and object of the rule of law, this paper puts forward that the main body of the rule of law is person, and the object of the rule of law is a series of the objective existence of the society including the state, society, political parties.And the paper uses the method of historical analysis to sort out the germination, development and perfect of the rule of law. At the same time, the paper will also analyze the law principle.Through the analysis of the basic theory of the rule of law, which is beneficial to more clearly see the complexity and systemic of the rule of law thoughts of Jiang Zemin, which a theory or a common thread can not explain and run through.The second part, theory origin of the rule of law thought of Jiang Zemin. Historically, the rule of law Jiang Zemin thought’s source is rich, mainly including Marne classical writers’ discourse about the philosophy foundation of the rule of law thoughts and legal practice,MAO Zedong’s thoughts on the people’s democratic dictatorship theory, constitution and constitutionalism thoughts, Deng Xiaoping’s basic ideas of rule of law, the relationship between the legal system construction and reform practice, the relationship between legal system construction and China’s national conditions, China’s traditional Confucianism that Morality-primary, punishment-secondary and thoughts of Legalism that rule of law. As common development results of human civilization, the rule of law, the rule of law thought on the basis of the analysis of critical context and the forming limits, absorb the beneficial elements in the rule of law theory of capitalism.The third part, this paper discusses the formation and development of Jiang Zemin’s law thought. In the late 1970 s, under the impact of the western rule of law thought, our country launched large-scale legal reforms and implements the legal system. In political life, the terminology “law system” changes to “the rule of the law”, the idea of the modernity of rule of law was widely accepted in the national governance system. After the political environment and the Soviet Union, to explain the negative impact of the Marxist legal philosophy gradually faded, the rule of law thought gradually formed. the third generation leaders who regard Jiang Zemin implement Deng Xiaoping’s theory, at the same time, they also attachgreat importance to strengthen the construction of socialist legal system, and then they put forward "the rule of law", which has played an important role in inheriting the past, ushering in the future. Jiang Zemin illustrates the social necessity and realistic significance of the rule of law, and points out that the rule of law is to realize national life, social management, and the legal system.The fourth part, the paper expounds the main contents of Jiang Zemin’s law thought. The long feudal society in China is ruled by rule of men. Man’s method has many limitations,already behind The Times. The rule of law is an important method of modern countries in governing, therefore, in our country law measures not only has the necessity and urgency of the times, but also plays an irreplaceable role on our country’s construction and development.In addition, legislation, legal administration, and administration according to law, judicial reform and emphasis on both morality and law are the main ways to realize governing the country according to law. First of all, we must from the source of law that is legislation, to strengthen the rule of law, the legislation is the key to make most people recognize and abide by the law. Second, we will talk about the implementation of the law. The body of the execution itself has limitations of course, so in the construction of the rule of law, the ruling party’s ruling ability and the government’s administrative ability is particularly important. At last, we must recognize that people’s limitation is coherent, so there is a possibility that people can be lured by power. Therefore, law enforcement must be put under supervision and punishment, and the best supervision of law comes from the independent judiciary. At the same time, the rule of law thought of jiang zemin not only surpassed the limits of laws,emphasis on the main status of the rule of law, but also realized the complementary and integration of rule of law and rule of ethics.The fifth part, discusses the rule of law thoughts of jiang zemin evaluation and its contemporary influence. Jiang zemin’s the rule of law is the practical application results of Marxist, which well manifests the combination of Marxist philosophical epistemology and practice, and realize the unity of understanding and practice of specific history. Jiang zemin’s the rule of law is inheritance of Marxist development. It tries to combine communism, free market economy and Chinese traditional values. It ensures the law tradition’s inheritance in the party. The thought originates from Deng Xiaoping’s rule of law, and educed Hu Jintao’srule of law. And, more importantly, Jiang Zemin’s the rule of law thought laid the foundation of the rule of law in China construction. Xi Jinping’ theories enrich and distillated it. Then it had great influence on China’s construction of rule of law.The third generation leaders who regard Jiang Zemin as the core realized a series of breakthrough on understanding and practice of the rule of law. Under the new historical conditions, the party central committee with promoting the construction of rule and law in China as the new target, Jiang Zemin further expands the thoughts up to a new level. We also need to move forward to solve many problems in the construction of the rule of law. Having inherited and developed the thoughts of rule and law, Jiang Zemin comprehensively promotes the country to go on the road of rule and law, ie. rule and law, the government and the rule of law society is a trinity in one, under which to achieve construction of socialism with Chinese characteristics.