Chinese Law Modernization And The Leadership Of The Communist Party Of China

At home and abroad, the complicated factors influence, China embarked on a top-down legal modernization way. Entering modern times, western countries to spontaneous way to finish the social evolution of modern industrial revolution, basic established the modern rule of law, and so for other countries and national laws which influenced the development. Other countries and regions in the world development trajectories were forced to change the law, China is one of these countries. From overall see, the development trend of the colonial countries law of "the west" by the majority, but our country road toward the semi-colonial conditions top-down reform development road. More meticulous observation, found the development of new China law legal modernization benefited from strong Chinese native political resources. China has a strong central power organizations, on June 28, 2010, the central organization of the latest party statistics released show that by the end of the communist party of China by the end of 2009, for a total of 7799.5 million. Chinese communist party of China excellent talents on a considerable portion, in various aspects of society have backbone role, party organizations at all levels have powerful social organization ability, mobilizing capability and driving force.The development of China's law of social development of contemporary China is an integral part of Marxist jurisprudence, Marxism sinicization is an important work. Marxist jurisprudence of about the understanding of nature of the law concerning our socialist China's legal development direction, that is the direction of China's legal modernization. Marx discusses about the legal nature of law of national will reveal the sexual, class will sex and material conditionality, is our correct understanding the basic theoretical basis for legal nature. Dedicated to the development of the socialist laws, from Marxism-Leninism, MAO Zedong thought to Deng Xiaoping theory and "three represents" and then to scientific development has very good development and discussed, finally formed now, people's interest sex, rule of law, social harmony of the humanistic understanding of the legal nature. China's legal modernization theory research after many jurist construction, basically formed complete theoretical system. China's legal modernization practice after the development of Qing dynasty and the republic of China, the new China, especially since the reform and opening also made remarkable achievement. Through the legal modernization theory and sinicization of Marxism theory study together, find out about the leadership of the Chinese communist party with the relationship between Chinese legal modernization law and Marxist theory "has been no specific theoretical achievements. As China's ruling communist party of China treat legal modernization attitude will directly affect China's legal modernization and the direction of the healthy development. The development of modernization of Chinese legal history and Chinese law modernization power, etc., the development of China's legal modernization found need also have actually experienced powerful pushes of the communist party of China. From the development of Chinese legal modernization environment and the communist party of China has the ability of legal modernization drive aspects, in order to get comprehensive analysis of the communist party of China promote legal modernization conditions, reasons and the development of legal modernization to strengthen the leadership of the Chinese communist party, and the role of legal modernization patterns push this party possible shortcomings and break through the shortcoming may method. The communist party of China through the social basis of legal modernization is the construction of social modernization law modernization, but also influence by party policy and theory of Chinese legal modernization direct for leadership and propulsion.History of the Chinese communist party excellent theory is to include a series of theory and practice of Chinese legal modernization boost is enormous. Mao Zedong's legal thoughts is an important part of Mao Zedong thought, is one of the Chinese proletariat use Marxist movement of the general principle to solve rationalism in the process of Chinese revolution and construction of specific legal problems of Marxist jurisprudence product, is the first major sinicization process theoretical achievements. If the Deng Xiaoping theory is the basic tenets of Marxism with the actual concrete combination of the second great leap, so, likewise, Deng Xiaoping's legal thoughts of Marxist sinicization of law is the second major theoretical achievements process. "The three represents" the important thoughts contains rich Marxist legal thoughts. Scientific development vigorously promoted the new stage in the new century of Marxist jurisprudence of theoretical innovation, Marxist jurisprudence opened up a new realm of sinicization of process. While the latest practice law of China modern socialist legal system construction is also busy progress. This paper analyzed together.