The Study On Being In Power By Law And The Ruling Style Of The Party In New Period

The Chinese Communist Party has putted forward the goal on 16th National Congress, which is "being in power by law and carrying out leadership to country and society ". The Chinese Communist Party has putted forward "being in power by law "on the fourth congress of 16th National Congress, which is the basic means to enhance governing by the Party. In other words, the ruling style of the Party has changed to being in power by law .The great breakthrough in theory of holding power of the Chinese Communist Party is standing for "being in power by law". This theory is scientific and systematic, which helps to deepen understanding for the regulation pattern of governing. The change helps to strengthen ruling status of the Party and solidify the ruling base of the Party. Being in power by law benefits to deal with the concern of the Party and make people well practice the thought of "three representatives ". In order to raise ability of holding power, the Chinese Communist Party must be ruling in power by law, which is the requirement of the times and the development in China. The paper analyzes the ruling style of the Chinese Communist Party in new period. The whole analysis will be carried out by four steps in accordance with the change of ruling style of the Party.In first step (chapter one), the paper explains the conceptions of holding power and ruling style of the Party. Based on the analysis, the paper discusses the factors, which affect the ruling style of the Party. The factors mainly include the different ruling tasks in different period, societal environment, political system and political culture.We follow the second step (chapter two) to review the history of the ruling style of the Chinese Communist Party. The Chinese Communist Party initially explored the ruling style in the new democratic revolution. From the founding of new country to "culture revolution ", the ruling style of the Party changed from policy to lay equal stress on policy and law .In period of "culture revolution ", legal system had destroyed .The third congress of the 11th National Congress of the Chinese Communist Party is the new starting, that the Chinese Communist Party handles affaires according to law. After the year of 1978, the legal systems have built in China. The Chinese Communist Party has putted forward the rule of "running the country according to law ", which has been written into the constitution of People's Republic of China. The 16th National Congress of Chinese Communist Party putted forward "being in power by law". It is the great breakthrough in the practice of ruling in power.With the third step (chapter three), the paper analyzes the regular pattern that "being in power by law" becomes a certain selection of the ruling style of the Party. Being in power by law is an important way to develop democracy and construct the socialism country .In order to develop socialism market economy; we must carry out "being in power by law". The reason is that socialism market economy is economy by law. "Being in power by law" is also the basic requirement of establishing harmonious society. The harmonious society is a fair, reasonable and ordered society, in which the development of people is full, coordinate and continual. Carrying out "being in power by law" is a summary of experience and lesson from the Party of socialism country and developed country.With the fourth step (chapter four), the paper discusses how to construct the perfect system of ruling style by law of the Chinese Communist Party in new period. It is necessary to deal with some relations, such as the relation between Party in power and people, the relation between Party in power and law, and the relation between Party in power and state power. This chapter deeply analyzes the problems of ruling in power in new period, and putts forward some proposes to build the perfect ruling style of the Party. The Chinese Communist Party must establish Party for the public, and rule in power for people, which is the basic requirement for the Party. The relation between Party in power and law ought to be relatively independence. Being in power by law not only is the basic constitutional request to the incumbent Party, but also must be the ruling style of the Chinese Communist Party in new period.