Research On The System Construction Of Ruling By Law In China

The idea of ruling of law was firstly raised in the revolution in which the bourgeoisie fought against the feudalism. The core of the idea is that the law posses the power of supremacy, every one and every kind of power must be subordinated to it, and nothing is beyond the law. Ruling of law, which is against ruled by human, is the ideal way to govern the society. It has become the popular pattern in the capitalism counties. Ruled by law is also the political object of the Chinese people. The fifth conference of CPC has set it as the basic strategy of governing the country. In the year of 1999, the constitution of China also took this point. To build socialism country, which is ruled by law, is the object of Chinese people.This article is to raise some opinions of constructing a country ruled by law and advance the process in our country. Firstly, the article tells the history, the concept and significance of ruling of law, then introduces the experiences abroad. Secondly, it tells the system in China and the problems now exists. After that, it analyzes the main elements, the necessity and the theory of ruling of law. Lastly, it gives out the system construction proposals. The first part is the law making construction. We should construct and consummate the system of law making assistance, the system of hearing and the system of constitution supervision. The second part is the law administration system construction. We must strengthen the legality of the administrative acts and the rule of due process. The bound of the administrative power should be clear; the system of the administrative responsibility should be sound and the system of administrative supervision should be fair. Accordingly, we should improve the ability of the administrative staff then better the quality of the whole group. The third part is the judicial system construction. The financial system of the courts should be independent. Furthermore, the supervision mechanism should be made clearly. The human resource management system of the judges should be reformed and the responsibility of the judges should be strictly provided.