Logical Approach Research Of Rule-of-Law China Construction With The Leading Of The Party

It is the first time for the fourth plenary session of the 18th CPC Central Committee to take the rule of law as its central theme, which transforms China construction of rule of law from conceptualization to realization. It is a basic experience of China construction of rule of law that the Party's leadership is carried out through the process of China construction of rule of law and make it as component and foundation for the construction. But the proposition of the CPC leading the building of a socialist rule of law country is subjected prerequisite question as the CPC must defend for the legitimacy of its leadership. The CPC is the indispensable core power, but the Party's practice activities and operating mode are not harmony to the rule of law regulation and operating principle. Therefore these are need to clarify that if party's leadership and rule of law are naturally self-consistent and how to make them harmony. As there is no justification research for the practice logic of rule of law construction of China with the lead of the party at present, the author makes "the logic approach of construction of rule of law China with the Party's leading" as the title to do a systematically study, expecting to make a little contribution to the practice of socialist rule of law.There are two key words in the title which are "the Party's leading" and "rule of law China". The aim of the paper is to reveal the internal logic between the Party's leadership and the construction of rule of law China and the practice approach. It answers three basic questions from logic as the follows:the first is what is the reason that it is the Party to lead the construction of rule of law China; the second is why the Party can lead the construction; and the last is how the Party leads and advances the construction. It researches the issues of building China into rule of law country by many methods such as documents research, comparative study, qualitative analysis, interdisciplinary research and so on. The introduction provides the reason and significance of choosing this topic and introduces the literature review, current situation for this topic, research thought and methods. In the part of conclusion, based on the theory achievement from the process that the Party's leading and practice innovation of rule of law act on state governance and party governance, looks forward the prospect of rule of law China construction. The main body includes seven chapters and the research thought and content are the following.In chapter 1 establishes the theory base of building China into rule of law country with the Party's leading and indicates the foundation of the Party's leadership to build rule of law China. It demonstrates the theory achievement of the rule of construction with the Party's leading from three dimensions of concept explanation, core issues of party's leadership and rule of law construction and inherent combination between them, builds theory confidence for the construction, and verifies the significance of the topic. In the aspect of concept explanation, demonstrates the origin of the concept of the Party's leadership and rule of law China and logical relation of forming the topic of the party leading rule of law China construction by scientifically defining the Party's leadership and rule of law China. In the aspect of core issues, extracts 5 issues as dialectical unity of party's leadership and rule of law is the core topic of socialist rule of law construction; coordination between rule of law and peoples democratic dictatorship are the foundation of the construction; ruling and governance by constitution are the critical points; combination of ruling by law and ruling by morality needs long-term plan; and ruling by law and new development idea is update of world outlook. These establish the theory foundation. In the aspect of inherent combination, demonstrates the inherent unity of the party's leadership and rule of law from point of epistemology; indicates how to prevent and correct the inconsistency between the party's leadership and rule of law. These enhance the logic power of the argument.In chapter 2, establishes the practice basis of the party leading rule of law China construction and explains the realistic reason of the argument. In aspect of practice starting point of the party leading rule of law China, arguments why should stick the party's leadership during the construction from 4 objective elements as state system, regime and party's nature and tenet, choice of history and people, arduous of the construction and stability requirement of rule of law situation. The strategies of the party leading rule of law China construction are reflected in 8 points as transition from legal system to rule of law, then to rule country by law, and to rule of law China now, political premise that rule by law need the party's leadership, the principle that the party's leadership, people being masters of the country and rule by law are unity, standard basis for party laws and state laws, base method for governance by law, the party's construction of the transition from "control" to "rule of law", social construction from "social administration" to "social governance" and rule of law construction of improving two "three forming an organic whole". These demonstrate that the party has the ability to lead the construction of rule of law China.In chapter 3, indicates the approach of the party leading rule of law construction, and answer the question of methodology. The construction is a process to find the approach, which need a break point. There are five approaches. Firstly, stick the party managing politics and law. Politics and law system led by Party committee is the important power for China rule of law construction. Secondly, the party leads the grassroots governance. The party's leading power and rule of law foundation in grassroots are both weak and improving rule of law for grassroots governance is a business to strengthen the foundation. Thirdly, the party leads governance by law. Rule of law government need the power of the party's leading and the party can do lot in guaranteeing law enforcement, supervising governance by law and leading decision-making. Fourthly, legalize the relationship of the political party. Relationship normality between the ruling party and participating party depends on legalization. Lastly, legalize the relationship between the party and mass organization. Mass organization is the important connection to construct rule of law social and the legalization is in favor of the balance between government and social.In chapter 4 to 7 answers the question of how the Party do in the construction, that is the Party should enrich and develop the base methods of ruling by law though the party leading legislation, guaranteeing law enforcement, supporting justice and abiding. For the respect of Party leading legislation, it is need to build Chinese mode in theory which is different to the relationship between western political party and legislation and appears in political advantage of national people congress system, basic principle of assuming overall situation, value criterion of fairness and justice, and inevitable approach of rule of law reform, follows the practice approaches that holds power through entering organ of state power in accordance with the law and makes it free for the public democratically taking part in legislation. For the respect of guaranteeing law enforcement, establish the important principle that Party's leadership for the construction is rule of administrative law at first, then straighten up the logic relationship between ruling by law and administration by law. For the respect of supporting justice, it is need to build justice mode with Chinese characteristics in theory which is different to the relationship between western political party and justice, follows the practice approaches that the Party should expresses advice to national judicial business through organs of state power, recommend candidates to judicial office by law and supervise judicial office and its activities following legal procedures in order to keep the party's leading for judicial office and judicial power. For the respect of abiding by law, establish Jurisprudence base of Party being in the first to abide by law through objectively understanding the difficulty of law-abiding for all, and improve operation mechanism of Party being in the first to abide by law through the approaches of that the Party rules by law and managing Party as the whole of the ruling party, the leading cadres are in the first to abide by law as key body of law-abiding and ruling party enhances legalization of grassroots governance. In general, establish theory base and running mechanism for every ruling by law practice, and demonstrate the issues with respects of theory analysis and argument, with macro view and micro-practice, to make the viewpoint and logic substantial and dialectical.The blueprint of rule of law China has been portrayed and the power of rule of law China has been released. It is the Party to describe the blueprint and release the power and there is no rule of law China if there is no CPC. We are living in an imperfect times, but it is great. The greatness lies in that the people has their believes, the nation has its hope and the state has its power. Rule of law China has endless forward power and Chinese dream must be realized only if the people keep their rule of law believes, the Party administrate itself by law, the government execute power by law, and the society has harmonious governance.