Research On The Road Of Socialist Rule Of Law With Chinese Characteristics

The question of road is very important,which is closely linked with the future and fate of our party and our country.During the process of revolution and reform,the right road is vital in that it is a basic experiment of developing Chinese Communist Party.During the process of Chinese modernization.The Chinese Communist Party pay more attention to construction of rule of law,untiringly explore the road of building the rule of law that suits China's National conditions.The Constitution of the People's Republic of China,enacted in 1954,fully embodies the two principles of people's democracy and socialism and is the first socialist type constitution in New China.Reform and opening up reopened the “door of the legal system” that was once closed.For the first time,the 15 th National Congress of the Party put forward the basic strategy of “governing the country according to law”.The 18 th National Congress of the Party has taken the rule of law as the basic way of governing the country.The Fourth Plenary Session of the 18 th CCP Central Committee has made a major decision to comprehensively promote the rule of law.On this basis,the 19 th National Congress of the Party will adhere to the full rule of law as one of the basic strategies of Xi Jinping's socialist ideology with Chinese characteristics in the new era.During the long practice of building the road of rule of law,our party had explored a road of rule of law with Chinese characters.The modernization of Chinese law has made historical achievements.About the article,I want to do four things which includes why,what,what question and how to do.The article want to study deeply the basic question of the road about the rule of law with Chinese characters from a macroscopical perspective.Excludingthe introduction and epilogue,the article includes six chapters.The first chapter explains the question of why.The second chapter and the fourth chapter explain the question of what.The fifth chapter explains what challenges the road of rule of law.The sixth chapter discussed how to expand the road of rule of law.The introduction is based on some analysis of relative concepts.Rule of law is the basic method of governing the country.Rule of law is the rules govered.It is the rules everyone governed.Among the rule of law,governing bureaucracies is important.It is prior to governing persons.It is different between rule of law and legal institution.The road of rule of law is such as the road that a state or region realizes its aims and values.Rule of law is linked closely with politics.There is always a political stand under the road of rule of law.On the basis of this,the author explains the significance of this topic,combs the current situation of this topic at home and abroad,introduces the research objectives,contents and methods of this topic,and expounds the main ideas and innovation points of this topic.The first chapter analyzes the basic rule of the road of rule of law with Chinese characters from four aspects.At the same time,it solves the question of why we should go forward the road of rule of law with Chinese characters.The road of rule of law with Chinese characters is not the road which is water without a source and a tree without roots.Marx and Engels discussed the root,essence and value of law and realized the great revolution of the thought of the rule of law.Lenin first explored the construction of socialist legal system.Marxist classic writer's legal thought provided the theoretical basis for the road of the rule of law in contemporary China.The successful practice of the party's partial administration and the construction of the legal system in the early days of the founding of new China,as well as the bitterlessons of the tortuous development of the socialist legal system,provide the historical basis for the road of the rule of law in contemporary China.The basic national conditions in the early stage of socialism,as well as the inherent requirements of market economy,democratic politics,and national governance modernization,are the realistic basis for the road of rule of law in contemporary China.Its international learning is the achievements of world excellent civilizations of rules.From the second chapter to the fourth chapter,I want to resolve the question of the road of rule of law with Chinese characters.In order to resolve this question,the article analyzes the following questions.That is,the forming and development,the core and scientific status,basic characters and rule,etc.In this regards,the second chapter introduces the historical process about the forming and development of the road of rule of law with Chinese characters.First,as far as historical context is concerned,the road of rule of law with Chinese characters includes four stages.The first stage is the original brewing(1978-1982).The second stage is the original forming(1983-1999).The third stage is basic forming(2000-2011).The fourth stage is fully promoting(2012—).From the four stages,we can find that the process realizes historical span.That is,from rule of man to legal institution.From legal institution to to rule of law.From legal system to rule of law system.The issuing of constitution in 1982 is the major symptom that the field of law recovering and reconstruction.It is the stage of original brewing.After that,the strategy of law-based governance was written into constitution from the year 1983 to the year 1999.This is the stage of original forming.This is major symptom of the road of rule of law in China.Second,as far as historical experience is concerned,there are four characters asfollowing.First,we should insist on the leading of Chinese Communist Party.At the same time,we should put the idea of rule by law and the people's leading status together.Second,we should also insist on rule of law and the reform and opening-up policy.Third,we should insist on the governing according rule of law and rule of governing the country by virtue.Fourth,we should insist on multi-culture learning and Chinese conditions.The third chapter explains the basic connotation from four aspects.First,as far as its core essence,it is reflected in the concept of two persistence and one implementation.The first is insisting insisting on the leading of CCP,which is the summary of experience of socialist rule of law construction.At the same time,it is the deserved meaning of insisting this road.The two methods are in accordance with each other.The second is insisting on the system of socialism with Chinese characters.It is provide institutional guarantee for the road of rule of law.The third is practicing the theory of rule of law with socialism of Chinese characters.Second,as far as work layout is concernce,three according to law put forward together,the whole part construction with three rule of law,insisting on the unification of governing state with rule of law and governing party with rule of regulations.All of this responds the internal mechanism of the road of Socialism with Chinese characters.Third,as far as the important duties are concerned,it majorly focuses on four aspects,including scientific legislation,strict enforcement,fair justice and law abiding.Fourth,as far as the aim of developing is concerned,our aim is to build the system of law with Chinese characteristics.At the same time,we should try our best to realize the modernization of state governance.The fourth chapter explains the basic characters and rules of the road of rule oflaw with Chinese characters.There are fresh characters about the road of rule of law of socialism with Chinese characteristics.In the first place,from the characters of the road,the socialist road with Chinese characters is named of socialism,not capitalism.The road is a road of rule of law.So,the soul of the road is CCP leading.The road will service for the institution of road of socialism with Chinese characteristics.At the same time,the road has its own theory.That is,theory of socialism with Chinese characteristics.Among the road,all people share human rights equally.In the second place,from the forming of model,the road is belong to the model of government putting forward.This road is different from the model of social evolution.It is a road from the above to the bottom.Among the process,government embodies its leading role.Among the practice of rule of law,it transferred from government putting forward to party putting forward.So,we must obey the rule of comprehensively strengthening our party,especially the key minor.In the third place,as operation of institution,it is a road of evolution.The condition adapts to Chinese conditions.At the same time,reformation is its driving force.During the process,we experiences the stage from experiment to top-level design.In the fourth place,as the model of law is concerned,the road is open.Under the circumstance of one country and many kinds of laws,there is conflict.The fifth chapter discusses the question of what challenges in the face of the road of rule of law in new era.In order to explain this question,this chapter discusses it from two aspects,including unbalance and insufficient development about rule of law.First,we will analyze the question that the unbalance of rule of law limited the whole improvements of law level.The imbalanced development of the rule of law is a concrete manifestation of China's imbalanced development in the practice of the ruleof law in the new era.The unbalanced development embodies on four aspects.In the first place,the unbalance between the legal norm system and legal enforcement system.It shows that the legislative pace is faster than law enforcement and justice.In the second place,it is the unbalance of rule of law between different regions.It shows that the level of law is higher in the east than the middle and the west region.In the third place,it is the unbalance between the internal rule of law and international rule of law.It shows that international rule of law is an obvious short board.In the fourth place,it is the unbalance between the development of rule of law and Five in One.It shows that rule of law does not satisfy the claim among economy,politics,culture,society and ecological civilization.Second,the insufficient development of rule of law influences the function of rule of law.The insufficient development of rule of law is the embodiment of China's insufficient development in practice in new era.It is embodied in three aspects.In the first place,it is the insufficient development of the system of rule of law with Chinese characters.It shows in five aspects,including complete legal norm system,efficient rule of law implementation system,rigirous rule of law supervision system,strong rule of law guarantee system and perfect party system.In the second place,the level of thinking about rule of law and the ability of rule of law are not improved sufficiently.Power thinking still occupies a dominant position and rule of law has not become the belief of the whole people.In the third place,self-confidence in the road of rule of law is inadequate.The "relationship between the Party and the law" is insufficient.There is a tendency of Westernization in law disciplines and textbooks,and the integration of socialist core values into the rule of law is insufficient.The road of rule of law in contemporary China has realized the benign interaction and the maximization of positive effects of multi-jurisdictionconflicts.The sixth chapter analyzes the question about how to expand the road of rule of law.In order to explain this question,we analyze it from three aspects.That is,the improvement of transformation about state rule of law,Integration of the socialist core values into the construction of the rule of law,The other is how to realize the modernization of state governance.The details are as following.First,we should realize the transition from the important field to one-part construction and common improvements.In order to do this,we should do the following things.The first thing is insisting three common improvements according to law.The second thing is insisting the one-part construction of three rules of law.The third thing is to put forward the practice within rule by law and rule by party.The fourth is to harmony the relationship between state rule by law and region rule by law.The fifth is insisting the balance between internal rule of law and international rule of law.The sixth thing is that we should pay attention to the hard power of rule of law and the soft power of rule of law.Second,we should realize the upgrade from building legal system to system of rule of law.In order to realize it,we should do five things.The first is to form perfect legal system.The second is to form high efficient legal enforcement system.The third is to form the monitoring system of law,which regulates and limits power.The fourth is to form forcible guarantee system of law,which breaks through from talent protection and cultural guarantee.The fifth is to form perfect internal system of our party,which improve the working mechanism within the party.Third,we should integrate the core socialist values into the construction of China under the rule of law.The first is that the core values reflect the "greatest common denominator" of the values commonly recognized by the people of all ethnic groups in the country and are the soul of theconstruction of the rule of law;The second,the core values should be integrated into the whole process of legislation,law enforcement,judicial and law enforcement.Fourth,we should put forward the modernization of state governance during the comprehensively deepen reform.As far as we are concerned,rule of law and the modernization of state governance is unified in the great practice of reform.In the future of 30 years,we should firm our self-confidence of the road of socialism with Chinese characteristics.We will build a strong state ruling by law.We will realize the modernization of state governance by two steps.