The Research On The Theory And Practice Of The Rule Of Law Government In Contemporary China

The "Decision" of the Fourth Plenary Session of the 18 th CPC Central Committee clearly stated that the overall goal of comprehensively promoting the rule of law is to build a socialist rule of law system with Chinese characteristics and build a socialist country ruled by law,which means that the rule of law in China will enter a new historical stage.To comprehensively promote the rule of law,we must pay attention not only to the protection of the legitimate rights and interests of citizens,but also to the effective implementation of the civic duty;not only the control of power,but also the completion of the mission of power;not only to see the close relationship between the rule of law and politics,but also to position the rule of law in the big pattern of politics,economy,culture,society and ecological civilization.This is because the government has a unique and irreplaceable role in China's current state governance.Its main performances are: Firstly,the government plays the role of engine and promoter in national governance;secondly,the government can better perform the functions of macro-control;thirdly,the government is the direct implementer of national laws;fourthly,the government has the ability to cultivate,improve and standardize various social organizations and promote their participation in social governance.Therefore,for China,which is in the period of social transformation,only the implementation of government-led national governance can effectively promote the construction of a country ruled by law.The assertion of this argument undoubtedly puts higher demands on the effective governance of the government,especially the practice of the rule of law.The success or failure of the rule of law government practice is not only related to the success or failure of government governance modernization,but also the success or failure of the construction of a country under the rule of law.It is also related to the success or failure of state governance modernization.It can be seen that the theory of rule of law and its practice play an important role in the national governance system.The role,a little careless,will be lost.At present,when we see that the rule of law government has made great achievements,we should also see that because China has a special historical tradition,objectively,whether it is the administration of law or the promotion of the rule of law,it is carried out from the top down.Since it is a top-down push,in practice,there will inevitably be an undesirable phenomenon in which the execution power is gradually degraded and greatly discounted.Of course,this kind of executional attenuation is also one of the most important reasons for the impediment and poor implementation of administrative orders.The existence of these unhealthy phenomena has seriously infringed on the good reputation and image accumulated by the government for many years,hindered the process of the rule of law government practice,and also damaged the legitimate rights and interests of citizens,which made people have to rethink a series of theoretical and practical issues related to the administration in recent years and the government according to law.This thesis focuses on the important topic of "the theory and practice of the rule of law in contemporary China" and fully solves four basic problems: The first is the resistance of the practice of the rule of law government in contemporary China and its influencing factors;the second is the guiding principle of the practice of the rule of law government in contemporary China;the third is the feasibility and mode selection of the practice of the rule of law government in contemporary China in a context with a special historical tradition.Fourth,the theory and practice of foreign rule of law government can be used as reference for the practice of the rule of law government in contemporary China.This thesis makes full use of the research methods of literature research,qualitative research,historical research,comparative research,multidisciplinary research,based on the theory and practice of rule of law government at home and abroad,first of all,from the connotation of the rule of law and its relationship with the rule of man,the connotation of the government and its differences with the state,the connotation and characteristics of the rule of law government,the basic rules of the rule of law government,the standards of practice of the rule of law government,etc,has multi-dimensionally elaborated the concept of the rule of law and the rule of law government.Then,from the Western rule of law government theory,the traditional Chinese rule of law government theory and the Marxist rule of law government theory,we carefully combed the origin of the rule of law government theory and provided ideological and theoretical references for the practice of the rule of law government in contemporary China.On this basis,this thesis systematically explores and sorts out the development process of the theory and practice of the rule of law government in contemporary China,and then analyzes the current status of the practice of the rule of law in contemporary China,that is,the basic achievements,the resistance and attribution,and then,based on the practice of the rule of law government in terms of mode selection,internal basis,external relations to be rationalized,etc.,outlines the framework of contemporary Chinese rule of law government practice.On the basis of objectively analyzing the achievements and obstacles of the practice of the rule of law government in contemporary China,and combining the designed macro framework,it analyzes the feasibility of the practice of the rule of law government in contemporary China(basic theory,multidimensional system,development of the times),the guiding principles and basic path choices focus on promoting the practice of contemporary Chinese rule of law government from the seven levels of removing ideological obstacles,reforming administrative systems,building democratic foundations,strengthening institutional support,controlling administrative power,smoothing relief channels,and enhancing external motivation.Through careful analysis and research,this paper draws the following conclusions: In the process of transition from traditional society to modern society,the legal system keeps moving toward the principle and spirit of the rule of law,and its modern factors continue to accumulate,eventually leading to a rule of law with Chinese characteristics.The ruling system has gradually become a reality;and it is expected that under the leadership of the Communist Party of China,after several generations of continuous efforts,the rule of law government practiced in China will be a government that serves the people wholeheartedly,and is a government with a supremacy of law.A government whose government executive power is well regulated is a government that can represent the people's will and seek happiness for the people.