Research On The Innovation Of The Chinese Communist Party's Rule Of Law Since The Reform And Opening Up

Modern politics is mainly in party politics.Political parties have a very important role in the modern political life.The rule of law is discovered so far the most effective way of governance.The rule of law theory of the ruling party being mature or not is the key factor of affecting the realization of good governance.Only the ruling party actively promotes the rule of law,its countries will secure a stable,orderly,healthy and sustainable development.China is a country of party politics.The Communist Party of China is China's ruling party.The communist party of China on the understanding of the rule of law and practice directly affects the Chinese socialist construction and development of various undertakings,directly determines the Party's ruling ability and level.Within a period of time after the founding of new China,the Communist Party of China on the understanding of the rule of law has had the serious deviation,resulting in extreme phenomenon of contempt and trampling of the law during the "cultural revolution".In the bitter experience of the "cultural revolution",the Communist Party of China deeply realizes the significance of the democratic legal system to safeguard national stability,social order and people's peace.After the reform and opening up,the Party under the guidance of Marxist theory and its the rule of law thoughts,combined with China's rule of law practice,constantly promotes the innovation of rule of law theory and practice,leading the Chinese people towards advance to the path of the socialism country construction under the rule of law with Chinese characteristics.This paper systematically summarizes the Chinese Communist Party's important innovation of theory and practice of the rule of law since the reform and opening up,explores the origins of innovation,analyses the dynamic mechanism of innovation,sums up the basic experiences of innovation and looks for the basic paths of innovation under the new situation and new task.This paper is divided into six chapters.The first chapter is introduction.This part comprehensively reviews research status at home and abroad,briefly describes the research significance and research methods of this paper,and then puts forward the research idea,the possible innovation and deficiency of this paper,defines the concept of "rule of man","legal system" and "rule of law".The second chapter is on the thought origin and practice basis of the Chinese Communist Party's innovation of the rule of law since the reform and opening.This part explores the origin of innovation from the theoretical basis,historical reference and modern reference and realistic foundation.The paper thinks Marxism rule of law thought is the theoretical basis of the innovation,the Chinese traditional legal thought and the experience of modern transition of Chinese law are an important historical reference to the innovation,the western rule of law thought is modern reference to the innovation and the achievements and setbacks of the construction of legal system before and after the founding of the People's Republic of China are the realistic foundation of the innovation.The third chapter is on the main achievements of the Chinese Communist Party's innovation of the rule of law since the reform and opening.This is the main part of the paper.The Chinese Communist Party's innovation of the rule of law is comprehensive and systematic.The paper summarizes the achievements of the innovation from five aspects.First of all,the paper mainly discusses the innovation of the relationship of the democracy and legal system that democracy must be closely combined with legal system and the status of the democracy and legal system that democracy and legal system are the important parts of the the political road of socialism with Chinese characteristics.Secondly,it debates the innovation of the socialist countries statecraft that the Party for the first time determines "the rule of law" to the statecraft of socialist country.Thirdly,it states the innovation of the socialist party's style of leadership and governance under the rule of law principle.Once more,this part demonstrates the innovation of the Party's law values.With the development of the society and the mature of the rule of law theory of the Party,the Party's law values formed the order values,view of fairness and justice,humanism and harmonious values.This shows that the law value of the Party gradually moves towards a higher level.Finally,this paper expounds the innovation on the rule of law operating mechanism that it respectively discusses the legislative,administrative,judicial and cultivating law-abiding consciousness.The fourth chapter is on the dynamic mechanism of the Chinese Communist Party's innovation of the rule of law since the reform and opening.This problem is analyzed from two aspects of objective factors and subject factors.The objective factors include the internal motivation and external motivation.The development of market economy,the progress of democratic politics and the the prosperity of culture are the internal motivation.The increasing frequency of the international communication and the globalization of economy is the external motivation.The subject factors are that the Communist Party of China itself is an important force,that people are the ultimate strength and that lawyers are the smart power.The fifth chapter is on the basic experiences of the Chinese Communist Party's innovation of the rule of law since the reform and opening.The experiences are the Party always adhering to the people-oriented,the leadership of the Party,the guidance of Marxism rule of law thought,the combination of the rule of law commonality and particularity and the combination of the rule of law inheritance and transplantation.The last chapter is on the new problems and solutions of the Chinese Communist Party's innovation of the rule of law.The part analyzes these new tasks from the legislative,administrative and judicial and cultivating the consciousness of rule of law,but also searches for the specific ways to solve the problems.