Rule Of Law And Reform:A Practical Study On The Law-making From 1978 To 2018

History always gives people the power to draw wisdom and move on in some special years.The year of 1978 is the beginning of reform and opening up,2018 is the 40th anniversary of reform and opening up,1978 and 2018,two ordinary Arabic numerals,for China in the process of modernization,have extraordinary symbolic significance,they connect the 40-years pace of China's progress.In the course of 40 years' economic and social changes in China,there are two main lines which are interrelated but not completely overlapping-the promotion of reform and opening up and the construction of the rule of law.This kind of change is closely related to the unique pattern of institutional change of socialism with Chinese characteristics,as well as to the special historical period and social structure that our country has experienced.Reform is the main driving force of China's economic and social development.Reform has become a social concept,mode of thinking and action guide.The rule of law is the basic strategy for the Party to lead the people to govern the country,and it is an important guarantee for the long-term stability of the state.The law is foundation of the rule of law,and the formulation of law is the starting point of pursuing the rule of law.It is also an ideal perspective to observe the evolution of the relationship between the rule of law and reform.The formulation of law is an indispensable and important part of the whole legal system.The formulation of socialist law is the prerequisite and key content of the socialist rule of law,and the fundamental way to solve the problem and build the socialist rule of law with Chinese characteristics.In the past 40 years of reform and opening up,the rule of law and reform have started at the same time and developed together.The task of law-making is often the task of reform,and the difficulty of law-making is also often the difficulty of reform.The enactment of laws in our country is not only the projection of reform in law,but also the conscious response of law itself to the development of the new era.The changes and process of enactment of laws also reflect the impact of reform and opening-up on economy and society and on the rule of law from one side.This paper is divided into introduction,conclusion and five chapters.The first chapter explains and defines the relevant concepts of the rule of law,reform,the formulation of law and the relationship between the rule of law and reform,and defines the main body and scope of the study.The second chapter reviews the basic situation of the legal system in the early period of reform and opening up from 1978 to 1992.This period is the initial stage of reform and opening up and the construction of the rule of law,as well as the turning point of the re-start of China's legal system.Guided by the Party's basic line of "one centre and two basic points",the goal of law-making is mainly to restore the damaged social order,solve the "irrelevancy" problem,and meet the needs of reform and opening-up,and provide security for reform and opening-up.The relationship between rule of law and reform is the priority of reform.Rule of law provides guarantee and advances simultaneously under the circumstances of ensuring order and developing economy.The construction of rule of law can be summarized as the concept of rule of law in order to restore order and give prominence to economic-centered social order.Chapter three analyses and reviews the legislation from 1992 to 2012.This period is the stage when the reform and opening-up is restarted and the past is developing.The construction of rule of law has also entered the fast lane,that is,adapting to the deepening stage of reform and opening-up.Focusing on the orientation of the "reform of socialist market economic system" established by the 14th National Congress of the Party and the correct orientation of the reform and opening-up,the goal of legal formulation is to persist in taking economic construction as the center and build a socialist legal system with Chinese characteristics.The construction of rule of law is embodied in the concept of economic rule of law centered on economic construction.The relationship between rule of law and reform is that reform is the main task,rule of law guides,rule of law serves the overall situation of reform and opening up,and promotes each other.Chapter Four comprehensively understands and summarizes the legal formulation since the Eighteenth National Congress of the CPC.Since the 18th National Congress of the Communist Party of China was held in 2012,China has entered a new era of socialism with Chinese characteristics.The efficient operation of political,economic,cultural,social and ecological systems has put forward new historical requirements for the formulation of laws,not only to "have laws to follow" but also to "good law and good governance".The relationship between the rule of law and the reform in this period is that the rule of law leads the reform and the reform promotes the development of the rule of law.The concept of rule of law has been sublimated to the general strategy of rule of law.The principle of rule of law construction has been changed to "scientific legislation,strict law enforcement,fair justice and law-abiding by the whole people".The fifth chapter summarizes the transformation of rule of law in China in the past 40 years of reform and opening up,emphasizing that the rule of law in China must also follow the road of socialist rule of law with Chinese characteristics.In the new era,the rule of law and the reform should realize the benign interaction in the process of law formulation,and be unified in the process of the modernization of national governance capacity and governance system.In the new era,the formulation of laws should deal well with the objective laws of reform and development and law formulation,adhere to the people's interests as the guide,focus on the key and difficult points of deepening reform in an all-round way,and adhere to the creation of laws according to law,science and democracy.The wheel of history rolls forward,and those who cannot keep up with it will become outdated and will be eliminated by history.At the Nineteenth National Congress of the Party,Xi Jinping emphasized that after long-term efforts,socialism with Chinese characteristics has entered a new era,which is the new historical orientation of China's development.The historical stage can not be surmounted,but the desire to surpass the historical stage arises from the internal and external causes formed by the historical development process,which is a unique contradiction in Chinese society.China is experiencing tremendous economic and social transformation.The practice of the new era needs theoretical explanation and promotion,so as to construct a discourse system based on Chinese experience.In the new era of promoting the rule of law in an all-round way and deepening reform in an all-round way,the relationship between the rule of law and reform has new characteristics of the times.Rule of law and reform are common social phenomena in the development of human society to a certain stage.In dealing with the relationship between the rule of law and reform,we should improve the relationship between the rule of law and reform by establishing a scientific legal system,which will help us to understand and understand the profound connotation and ideological light of the assertion that "promoting reform under the rule of law and improving the rule of law in reform".Throughout the successful countries in social transformation,they insist on putting the formulation of laws in the first place in the construction of the rule of law in the period of social transformation.The 40 years of reform and opening-up are also the 40 years of our country's law-making.As long as we fully understand and correctly grasp the inherent law of the rule of law in socialism with Chinese characteristics,the laws we formulate will be able to adapt to the economic and social development and the great process of reform and opening-up.Legislators must correctly understand the function of law and treat the formulation of law with a scientific attitude.However,we also need to pay attention to the fact that China's legal system has been preliminarily established and the large-scale legal development activities have been completed.The development of legal system has changed from focusing on legal formulation and building a legal system framework to intensive cultivation of specific laws related to economic and social development.