On The Discourse Of Rule Of Law In Contemporary China

This dissertation takes the contemporary Chinese rule of law discourse as the research object,trying to explore its concept connotation,structure,representative content and development direction.This dissertation holds that the contemporary Chinese rule of law discourse has its unique connotation and structural system,and its representative discourse reflects the focus of China's legal construction.In order to better play the role of the rule of law discourse,we can explore its perfection from the perspective of logical rules,system thinking and discourse form and content.This dissertation explains the origin of the study of contemporary Chinese rule of law discourse as the first chapter.The point of this chapter is that the discourse of rule of law is the basis for the rule of law to gain discourse power in the process of national governance.The significance of rule of law discourse reflects that it provides support,guidance and guarantee for the construction of the rule of law.The discourse of " rule of law" has a developing and changing process in China.From the "hundred schools of thought contend" and "the era of classics" to the modern "rule of law",the discourse in different periods reflects the corresponding meaning.After the founding of the People's Republic of China,the development of legal discourse has entered a new era.From the "16 word policy" of rule of law at the beginning of reform andopening up to "rule of law in an all-round way",the discourse in different stages reflects the effectiveness of rule of law construction and the in-depth understanding of the rule of law.In the process of development,we need to pay attention to some problems: first,there is still room for improvement in the system construction of legal discourse;second,the path of discourse development needs to be explored in depth;third,the world orientation of discourse communication needs to be further strengthened.After a concise study of the causes and problems,this dissertation interprets the theoretical basis and meaning of the rule of law discourse as the second chapter.This chapter starts from the theory,trying to summarize the three generations of discourse theory,to sort out the views of Foucault,Wittgenstein,Habermas on discourse,and to summarize that discourse has the characteristics of power,standardization,knowledge,sustainability,practicality and so on.Combined with discourse theory,referring to the meaning and characteristics of legal discourse,the science of law discourse,political discourse and other professional discourses,as well as the interpretation of the concept of rule of law discourse in domestic academic circles,this paper interprets rule of law discourse as the reflection,refinement and application(expression)of the practice and internal laws of the rule of law construction,based on the consciousness reflection of the rule of law phenomenon(decision-making and Implementation).Language expression,as a discourse system containing subjective thoughts,is characterized by power,knowledge,guidance and practice.The discourse of rule of law in contemporary China is the expression of the discourse of rule of law in contemporary China.From the construction point of view,the discourse of rule of law in contemporary China comes from the objective implementation and internal law of the contemporary legal construction.It is a professional discourse system based on the contemporary Chinese situation,and it reflects the content of the consciousness of the construction of the rule of law and the expression of the response problems.The author believes that there are two types of rule of law discourse: narrow and broad,narrow is the basis of broad.After analyzing the theory and meaning of the rule of law discourse,this dissertation tries to understand the rule of law discourse from the structural view,as the third chapter.The point is that the discourse of rule of law has the structure of form and meaning.The dimension of language(practice)is regarded as the "form" of rule of law discourse,and the dimension of thought as the "meaning" of legal discourse.For "form",it mainly refers to the external form of discourse,that is,the language of rule of law and its expression,which can be examined from the macro structure and micro structure.In the macro dimension,the discourse system of rule of law is divided into four dimensions: legislation,law enforcement,judicature and law-abiding.In the micro dimension,it can be divided into words,sentences and texts.For "meaning",it is mainly the internal idea of discourse,which is internalized in the discourse of Chinese rule of law,based on the goal and experience of Chinese rule of law construction,and plays the guiding,supporting and promoting role.The concept of rule of law discourse is a systematic ideological system,which should have the characteristics of integration,reflect the dialectical synergy between thought and language,and reflect the pursuit of law as rhetoric and ideological position.The internal concept is composed of the spirit of rule of law,the thinking of rule of law,social morality and core values,which plays a guiding and normative role in discourse practice.In order to better realize their own functions,the "form and meaning" structure of the rule of law discourse should have better consistency.As a language and thought,"the unity of form and meaning" should be the basic form of legal discourse in practice.In order to focus more on the study of the rule of law discourse,this dissertation chooses seven representative discourse expressions after the The 18 th National Congress of the Communist Party of China as the fourth chapter.In Contemporary Chinese rule of law discourse,representative discourse is the foundation,and other discourses can be understood as the interpretation,comment and interpretation ofrepresentative discourse.This point is that there is relevance between representative discourses,which jointly explain the rule of law.The advance the law-based governance of China is the basic strategy of contemporary China's national governance;scientific legislation,strict law enforcement,fair administration of justice and law-abiding by the whole people are the micro paths to realize the advance the law-based governance of China;the integration of the rule of law country,the rule of law government and the rule of law society is the tactics of China's rule of law;the thinking and the way of rule of law are the specific ways to implement the strategy of rule of law,and are one of the key tactics;to confining the exercise of power within an institutional cage emphasizes the supervision and restriction of the rule of law on the power,which is the second of the key measures.Major reforms should be based on the evidence of law to clarify the coordination between the reform and the rule of law.It is the third of the key measures.It is the fourth of the key measures to adhere to the coordination between the rule of law and the rule of virtue,and to adapt to China's national conditions and development.Based on the meaning,characteristics,structural system and the knowledge contained in representative discourse,this dissertation discusses the development direction of contemporary Chinese legal discourse as the fifth chapter.This point is that the development of China's legal discourse has the advantages of inclusiveness and "rule of law of backwardness".Depending on the advantages of China's rule of law,looking forward to the development direction of the rule of law discourse in the new era can be: improving the construction of the rule of law discourse system on the logical level;exploring the development path of the rule of law discourse integrating the ancient and modern resources of China and the West;improving the form and content of the rule of law discourse based on the problem orientation.firstly,to respect and highlight the logic of the rule of law discourse.In terms of playing a logical role,the first is that the interpretation and comment of the law should conform to the logic,the second is that the design of the core expression of the rule of lawdiscourse should conform to the logic,and the last is that the interpretation and comment of the core expression of the rule of law discourse should conform to the logic.Secondly,adhere to the systematic thinking of the supremacy of law.In the process of developing and perfecting legal discourse based on system thinking,we should firstly prudently grasp the open standard of discourse system.Then,we should make good use of legal methodology,including legal rhetoric,legal interpretation and legal argumentation.Finally,we should promote the integration of moral discourse and legal discourse.The third is to improve the way of discourse and enrich the content of discourse scientifically.In terms of improving the form of discourse,we should innovate the way of expression,enhance the influence of discourse,optimize the expression of different types of legal discourse,grasp the difference of discourse,respect the law of different language,promote the development of discourse based on professional thinking,and strengthen the interpretation,translation and dissemination of Chinese original rule of law discourse.In terms of scientific enrichment of discourse content,we should accurately introduce western legal discourse resources;pay attention to the absorption of Chinese traditional cultural resources;to highlight the characteristics of specialization,knowledge and rights of rule of law discourse,pay attention to the absorption of Chinese folk law discourse resources;strengthen the cohesion and integration of internal and external system elements of discourse.