Reconfiguration Of Procedural Government By Law

Rule by law, building a socialism country governed by law is the government policy of our country. As a systems engineering, there are many important content be contained. Among them, the implementation of procedure government by law, strictly formulates the law and carries out the law according to the legal procedure, is an important connotation of this government policy of our country. The procedure government by law is the indispensable aspect of the rule of law, also is the important symbol to weighs a degree of national government by law. In theory and practice, the people is usually more concerned with substantive law and it's movement, relatively has neglected the procedural law. But looks over the world, country's success experience under the rule of law, an important commonly ground is to having a high opinion of the procedure and procedural law. Therefore, we must highly attach importance to the procedural government by law. Reviews the course of our country's procedural government by law, analyzes the reason, discusses humanities foundation, reconsiders its movement condition and thus establishes set of scientific effective countermeasures for the reconfiguration of procedural government by law.Our country's traditional procedural government by law is the various methods syntheses, the procedural law and the substantive law does not divide, Administration of justice and administration gathers one, the procedural government by law is not very developed, this kind of backward condition continuously continued to the end of the Qing. In the end of the Qing, the Chinese tradition legal system be intensely impacted by the western advanced law culture, the ruler of the end of the Qing under the beset with difficulties both at home and abroad situation, have to repair the law and make political reform. Repairing the law in the endof the Qing opened the Chinese legal system modernization course, In the process of unceasingly studies and absorbs the western law culture;the independent procedural law gradually is established. After the reformation and open policy, under the market economy powerful impetus, the procedural government by law consummated, but short of the people's procedural consciousness, the procedural government by law movement condition is not certainly ideal, many procedural laws systems have not strictly observed. Analyzes the reason, mainly has following several aspects: firstly, it's the economical reason, China is in the natural economy society for a long time and the commodity economy is not developed, the natural economy essence is a closed economy, a social organization by the blood relationship and the clan law relations. In such "acquaintance" society, people's activity take morality and justice as a foundation, not the procedure rule;secondly, it's the political system restriction, Our country's political system has the characteristic of the high degree authority of concentration and dividing the state's power unclearly, this has restricted the procedural government by law development;thirdly, it's the "heavy entity light procedure" traditional legal culture influence, to this day people's behavior still received this influence, so long as the result were correct, process and procedure is immaterial;Comparison to The West, "the rule by law" history is "the procedural government by law" history with deep humanities foundation. Take exchanges as the goal, commodity economy is the economic basis of the procedural government by law;"By the people, for the people, of the people " as the characteristic of the democratic political pattern is political basis of the procedural government by law emerges;the natural justice is the cultural base of the procedural government by law emerges;Mathematics science, the formal logic and the subjects close to the form thought are the powerful technical method of the procedural government by law emerges. After Opium War, western procedural government by law enter our country, specially along with our country reform, openpolicy and our country's market economy established, democratic political developed, people's right consciousness enhanced, the domestic and foreign thought culture aspect exchange is day by day frequent, western procedural government by law to our country influence enhancement, procedural government by law development into our country government by law development focal point and key. But, we also should know, our country's procedural government by law still have many problems, mainly displays in the below aspect: Firstly, democratic constitutionalism procedure exist problems. Secondly, legislative procedure exist problems. Thirdly, administrative procedure exist problems. Fourthly, judicial process exist problems. If these questions cannot be solved, it will affect the rule by law environment and seriously restrict the rule by law advancement. There are various reason, we must safeguard the procedural law good movement, must act appropriately to the situation, to adopt a series of measures control the elimination of procedural law movement, constructs a good movement effective mechanism of the procedural government by law. So I think sets up the procedure just idea, is the procedural government by law's idea foundation. Strengthens the research of the procedural government by law theory, is the most important task. The perfect judicial system and the procedure, are the basic request of procedural government by law. Using the procedure control authority is the righteousness procedure government by law should have, established procedure legal liability investigates system, is the essential measure of procedural government by law.