A Study On The Sinicization Of Marxist Theory Of Rule Of Law

Since the eighteenth congress,China's "governing the country according to law" the all-round,rule of law into "fast track",and a series of historical achievements,an important experience to the marxist basic principle of the rule of law theory and the combination of China's national conditions,constantly promote sinicization of marxism rule of law theory,so to strengthen the study of sinicization of marxism rule of law theory.This paper follows the ideas of "why sinicization"(cause and goal),"what sinicization"(theoretical premise),"how sinicization"(historical exploration)and "what sinicization will produce"(innovation and development)to carry out the research on "the sinicization of Marxist rule of law theory".First of all,the necessity of "why to be Chinese" is analyzed.It mainly analyzes the proposal,reason,goal and dimension of "sinicization".This paper holds that the sinicization of marxist rule of law theory is an inevitable result under specific historical conditions and has its historical inevitability;From the perspective of theory,it is the inevitable requirement of the whole proposition of "sinicization of Marxism",and from the perspective of practice,it is the urgent need of building the international socialist rule of law.We should continuously promote the sinicization of marxist rule of law theory from the three dimensions of cultural inheritance,development of The Times and practice.Secondly,it describes the theoretical object of "sinicization of what",namely sinicization.It mainly explains "Marxist theory of rule of law" from the Angle of formation,development,content and fundamental standpoint.This paper holds that the Marxist theory of rule of law covers the period of Marx,Engels and Lenin from the perspective of development stage.From the point of view of content composition,it includes the theory of the essence of the rule of law,the theory of the function of the rule of law,the theory of the structure of the rule of law,the theory of the value of the rule of law,and the theory of the construction of the rule of law.From the standpoint,the theory is based on the standpoint of the people,realizes the criticism and transcendence of the capitalist rule of law theory,and realizes the unity of science and revolutionThirdly,the paper summarizes the process and characteristics of "how to be sinicized",that is,China.In view of the process of sinicization,from the perspective of history,this paper analyzes the achievements made by successive leaders of the Communist Party of China in the process of promoting sinicization in different historical periods,combining with China's national conditions,in the aspects of the essential theory of rule of law,the theory of value,the theory of structure and the theory of construction.In view of the characteristics of sinicization,this paper puts forward that the sinicization of the rule of law theory presents a "growing form" on the development path,analyzes the driving force sources of the theoretical and practical levels in terms of the development motivation,and analyzes the pressure brought by the practice of the rule of law on the theory of the rule of law from the macro,meso and micro aspects,and finally,This paper summarizes the three characteristics of the sinicization of the rule of law theory,which are "process independence","practicability prominence" and "persistence and development unity".Finally,the paper describes the innovation of China,namely "what comes out of sinicization" from three dimensions: inheritance of excellent traditional culture,response to the era of theoretical criticism and breakthrough of practical innovation.First,from the cultural inheritance dimension,mainly from the cultural connection,inheritance logic and development and innovation of three aspects.First of all,it analyzes that Marxist theory of rule of law and Chinese legal culture have similar "premise positioning of concrete rationality",both emphasize the individual and collective "harmony in relation",and explains the possibility of cultural inheritance.Secondly,it deeply analyzes the value inheritance of the sinicized rule of law theory from the "institutional tool" at the level of function orientation,the "rule synergy" at the level of implementation and the "subject development" at the level of mechanism of action.Finally,it explains the creative transformation of the Chinese rule of law theory to the traditional legal culture in "right law relations","right and obligation relations","individual and collective relations" and the innovative development in the aspects of rule of law ethics,content,function and operation of rule of law.Second,in terms of the theoretical response dimension,it mainly adopts the method of "challenge--response--challenge again--innovation and response again".Firstly,it introduces the foreign criticism on the dual structure of "economic foundation-superstructure" and the function model of "decision-reaction" of Marx's rule of law theory.Secondly,it analyzes Lenin's "class instrumentalism" response to the above criticism,and the re-criticism that this response encountered.Finally,based on the rule of law practice of the Communist Party of China,through the "rule of law ideology innovation" to respond to the above challenges of The Times,and realize the self-consistency,integration and innovation of Marxist rule of law theory.Thirdly,in terms of the practical innovation dimension,it mainly analyzes the practical innovation of axiology,structure theory and construction theory.The axiology mainly realizes the innovation and perfection of the legal system guarantee of justice,the construction of the three-layer justice system of procedural justice,formal justice and essential justice statically,and the innovation of the selection of justice standards from "rules to scenes" dynamically.The structure theory mainly makes clear the rule of law operation pattern of scientific legislation,strict law enforcement,fair and law-abiding,and law abiding by the whole people.The system theory innovatively constructs the "rule of law system" including the inner-party regulation system,the legal norm system,the rule of law implementation system,the rule of law supervision system and the rule of law guarantee system,and realizes the leap from "legal system" to "rule of law system".In the aspect of innovation,this paper also analyzes the latest achievement of the sinicization of Marxist rule of law theory--Xi Jinping's thought of rule of law.First of all,it analyzes the core essence of Xi Jinping's thought on the rule of law--"the eleven adherents",and makes clear that the "eleven adherents" are important to promote the comprehensive rule of law;Secondly,explains the Xi Jinping,the rule of law thought the original innovation contribution for Marx of the rule of law theory,the properties and features of development on the essence of law,the value of the people on the theory of value of law is the highest pursuit,implements on the dialectical relationship of law and regulations,reform and the rule of law relationship,the franco-german relations,the relationship between the party and the rule of law according to regulation of innovation in this paper.