Discussion On The Anti-corruption With The Rule Of Law

Since the Eighteenth National Congress of the Communist Party of China, the new central collective leadership with Xi Jinping as general secretary attaches great importance to the fight against corruption, advocated rule of law and legal information to promote anti-corruption, open a new era of anti-corruption with the rule of law. Anti-corruption with the rule of law is a milestone in the fight against corruption with Chinese characteristics theory and practice of innovation development, anti-corruption is the objective needs of the new era. But the domestic academic circles still lack anti-corruption with the rule of law system and in-depth study. How to accurately grasp the basic content of the anti-corruption with the rule of law, the way how to use the rule of law against corruption, how to build the rule of law system against corruption, we need to choose what kind of road anti-corruption law, those are urgently and seriously consider major issues to study and solve.In this thesis, the Marxist theory of the rule of law and corruption governance theory as a guide, based on the practice of Chinese anti-corruption struggle, insist on theory with practice, integrated use of political science, law, ecology, philosophy, economics, sociology and other disciplines theory and methods, focus on the fundamental issues "what is the anti-corruption with the rule of law," "how to carry out anti-corruption with the rule of law," to research.The thesis is divided into five main sections:First, the basic content of the anti-corruption with the rule of law. Discrimination by the rule of law, corruption, anti-corruption and other related concepts, discusses the basic content of the anti-corruption with the rule of law. In this thesis, the anti-corruption with the rule of law will be defined as:under the guidance of legal thinking, strict compliance with established legal norms and due process, use the scientific way with the rule of law by special anti-corruption agency, a governance model of punishing and preventing corruption. Based on the rule of law inherent in the real value and the form of value, from the "good law" and "good governance" two aspects to explain the basic connotation of the anti-corruption with the rule of law:the "good law" is the basis and premise of the anti-corruption with the rule of law, "good governance" is the core and key of the anti-corruption with the rule of law, organic combination of the two constitute the basic meaning of the anti-corruption with the rule of law. The anti-corruption with the rule of law has a fundamental, scientific, thorough, self-discipline and other features.Second, the constituent elements of the anti-corruption with the rule of law. Application of Law Elements theory, explore the constituent elements of the anti-corruption with the rule of law through the substantive requirements and formal requirements of the rule of law, clarify the natural state of the anti-corruption with the rule of law. The thesis argues that the entity value of the rule of law is a points to spiritual pursuits of the rule of law, and the form value of the rule of law is a points to the specific form and the operation mode, therefore, the essential constituent elements of the anti-corruption with the rule of law mainly includes three aspects:government with the rule of Law balance of powers; the indemnification of the legitimate rights of citizens; the impartiality and independence of Juridical status. The formal constituent elements of the anti-corruption with the rule of law mainly includes the following aspects:the principle of supremacy of law; the principle of universality; the principles of procedural justice. The constituent elements of the anti-corruption with the rule of law constitute a unit, each constituent elements is indispensable.Third, the ecological environment of the anti-corruption with the rule of law. Using ecology theory and method to analyze the formation mechanism and development law of the anti-corruption with the rule of law. Thesis argues that there is coupling relationship between the evolution and the diversification of environmental factors, showing the ecological logic. Ecological environment of the anti-corruption with the rule of law consists of two parts of environmental factors and time and space field. The environmental factors of the anti-corruption with the rule of law is consist of the market economy, democracy, honest cultural, the market economy is the foundation, democratic politics is to support, honest cultural is to protect, rely on each other between the three, coexistence, together constitute the important ecosystem of the anti-corruption of the rule of law. The time and space field of the anti-corruption of the rule of law is consist of the time dimension and space dimension, different time and space field, the three environmental factors of anti-corruption of the rule of law show their differences, the evolution and development of the anti-corruption of the rule of law also exhibit distinct spatial and temporal characteristics.Fourth, the operating mechanism of the anti-corruption of the rule of law. Use the operation theory of society and the rule of law, to explore the operation law of the anti-corruption with the rule of law. Thesis consider that the operating mechanism of the anti-corruption of the rule law has the goal to punish and prevent corruption, the goal has a guiding effect to the operating mechanism of the rule of law. At the same time, the operating of the rule of law is a process from formulate of the law, the implementation to the monitoring, but also a process from the effectiveness of the law, practical effect to the realization. This operation theory of the rule of law is an important basis for the operating mechanism of the anti-corruption with the rule of law. Thus, the operating mechanism of the anti-corruption with the rule of law is an organic whole in order to achieve the center of the goal of punishing and preventing corruption, including four sub-mechanisms of legislative mechanism, the implementation mechanism, monitoring mechanism, guarantee mechanism, four sub-mechanism of the anti-corruption with the rule of law has coordination to each other in structure, complement each other in function and work together to practice the anti-corruption of the rule of law.Fifth, Chinese visual threshold of the anti-corruption of the rule of law. Using the theory of the anti-corruption of the rule of law, sum up new China, especially the achievements and unique characteristics of the anti-corruption of the rule of law since the reform and opening up 30 years, dissect the existing problems of China's anti-corruption of the rule of law, to explore direction and countermeasures of future development for China's rule of law. Thesis highly assess great achievements of contemporary Chinese anti-corruption with the rule of law from five aspects, emphasis on upholding the leadership of the Chinese Communist Party's is China's advantages and characteristics of anti-corruption with the rule of law, analyzes the outstanding problems of Chinese anti-corruption with the rule of law in Current:legislation needs to be improved in some areas, lack of prevention mechanisms of the anti-corruption with the rule of law, discipline and supervision system in need of reform, independent culture and education is not deep enough, security system of the anti-corruption with the rule of law hasn't formed a complete set. We put forward a direction and countermeasures of China's anti-corruption with the rule of law development:improve specifications system of the anti-corruption with the rule of law, strengthen the supervision system of the anti-corruption with the rule of law, set up an independent and efficient anti-corruption agencywith the rule of law,cultivate universal belief of the anti-corruption with the rule of law, and configure the appropriate anti-corruption safeguards with the rule of law.