Study On CPC's Governing Capacity By Law From The Perspective Of Rule Of Law In China

In the new era,Rule of Law is an indispensable and necessary option for China which is building a powerful socialist modernized country.Since the reform and opening up,the rule of law in China has made historic achievements,but in objective analysis,there are still many problems that need to be solved urgently.So ruling the country by law in an all-round way and building rule of law in China has become the major strategy and great blueprint which the Communist Party of China leads the Chinese people to focus on in the 21st Century.Further,the implementation of strategy and blueprint is based on capacity.As a leader,planner and promoter of ruling the country by law in an all-round way,the Communist Party of China must be fostered skillful governing Capacity by Law.Otherwise,it will be impossible to build China under the rule of law.In a word,CPC's governing Capacity by Law is not only the effective engine to build the rule of law in China,but it is also the main impetus to solve the dilemma of China's governance and build a powerful socialist modernized country.This paper is a comprehensive study on CPC's governing Capacity by Law,which is based on the theory of party politics and rule of law,and is starting from internal relation between CPC's governing Capacity by Law and rule of law in China.The analysis framework of full-text is divided into three major parts and six chapters,except introduction and conclusion.The first part,namely the first chapter,aims to explain the connotation,composition and characteristics of rule of law in China and CPC's governing Capacity by Law,as well as the internal relation between them.The second part,which is a focal point of the thesis,including the second chapter to the fifth one,mainly analyze countermeasures of building capacity to rule the inner-party by regulations,capacity to hold power by law,capacity to govern society by law,capacity to consult with the democratic parties by law.And these ones are also the construction thinking of CPC's governing Capacity by Law.The third part,namely the sixth chapter,mainly analyze and structure guarantee system of CPC's governing Capacity by Law,which includes value guarantee,rule one and team one.The thesis mainly demonstrates and expounds the following four important points.CPC's governing Capacity by Law plays an important role in the process of building rule of law in China.Rule of law in China as a concept including party ruled by regulation,government by law,society ruled by law,has many distinct characteristics,such as tradition and modernity in time dimension,nationality and universality in spatial dimension,normativity and empiricism in value dimension,systematism and progressiveness in process dimension.CPC's governing Capacity by Law as a kill in governing party and nation by regulation and law,is an effective engine to open and promote the process of building rule of law in China,from political party and government to society.Rule of law in China as permanent goal,can provide behavior-oriented and strong guarantee for CPC's governing Capacity by Law.All in all,they affect mutually and unify organically in the historical journey of promoting the Modernization of State Governance and realizing the Great Renaissance of the Chinese Nation.CPC's governing Capacity by Law as a complete theory system has.rich connotation and true meaning.Relation of "party" and "law" is a probable issue which influences internal attributes and operational direction of CPC's governing Capacity by Law.In China,the CPC as leader of enacting national laws and maker of party regulations,must govern party and nation under the regulations and laws.In short,conforming to regulations and laws is action rule of CPC,and is significant characteristic of CPC's governing Capacity by Law.CPC's governing Capacity by Law is a kill of governing party and nation by law in both thinking and action,in particular,the inner-party regulations and national laws including their intrinsic sprit and principle are its operation basis,party behaviors and party relations are its action object,protecting rights and regulating power is its internally requirement,good governance is its goal.CPC's governing Capacity by Law is a system,which divides into four party from within,including capacity to rule the inner-party by regulations,capacity to hold power by law,capacity to govern society by law,capacity to consult with the democratic parties by law;and interrelates with other elements from the outside,such as culture and so on.Building CPC's governing Capacity by Law is a complex and arduous practical engineering.Firstly,these measures are necessary in order to build the capacity to rule the inner-party by regulations,such as scientific allocation and effective constrains on inner-party power,developing inner-party democracy and guarantee the rights of party members,integrating the discourse of rule of law into the ideology.Secondly,It is a necessary task for CPC to build the capacity to hold power by law,including transformation from governing by policy to governing by law,keeping reasonable relationship with the legislature,the administration and the judicial authority,and restricting the ruling power.Thirdly,it is a feasible idea in the process of building the capacity to govern society by law,such as setting up Marxist service-oriented party,strengthening civil power,forming the thought of rule of law in social construction.Fourthly,these measures will effectively promote and develop the capacity to consult with the democratic parties by law,including cultivating CPC's negotiation consciousness by law,strengthening function of the democratic parties,designing a scientific consultation system among parties.Under comprehensive function of all measures,CPC's governing Capacity by Law will be greatly enhanced.CPC's governing Capacity by Law is protected by modern value,authoritative rules,and advanced team.So it is necessary to construct the three-dimensional guarantee system for CPC's governing Capacity by Law.Firstly,it is necessary to establish idea and value of "Power serving rights","Law above everything","Equality among Different Subjects before Law",and "Unifying Right and Obligation" in the New Era.Secondly,perfecting the inner-party regulations and national laws,and then keeping them together will lay foundation for building CPC's governing Capacity by Law.Thirdly,the CPC should build a cadre army with excellent legal literacy by tamping legal knowledge,enlightening legal ideas,cultivating the legal thought and legal way.It is endless for us to study on t CPC's governing Capacity by Law,because there is no end to the development of practice.In the future,I will go on studying on CPC's governing Capacity by Law,such as its index design,historical investigation and realistic assessment and so on.