On The Historical Evolution Of The Chinese Communist Party's Legal Notions

Since 1949, the CCP has been leading the socialism revolution and construction in China for about 50 years .During this time, because the CCP have had different notions on the role of law at each step, its relationship with law, and the position of leadership and the power of reign, there have been different notions of legal system, which led to different managements of state affairs . Therefore the process of legal system and democratic politics have been deeply influenced .From 1949 to 1978, the CCP had the legal notion of revolution . Based on the idea of class struggle, the law was seen only as the tool of reign, which was used as reference only if needed . The law was merely second to the policy, and the mass campaign was the main way of democracy . Unaware of the relationship between leadership and power of reign, the Party led the whole country directly .So mass campaigns, political motion, policy and the rule of Party is the main means to rule the country, and nihilism of law was very popular.From 1978 to 1995, the CCP had the legal notion of restriction . the CCP had summarized the experience of history, especially 'the culture revolution', and decided to concentrate on economical development by the principle of legal system .Knowing the importance and demand of legal system, the CCP has confirmed the paramountcy of law from the large scale .To ensure the people's democracy, we should enhance the legal system of socialism, which will be stable, continuous and authoritative and will not change based only on the leader or his view. Therefore we can have the notion of 'there are laws as yardstick, we must rely on laws, we should enforce the law strictly, and we will punish any lawbreaking 'as the basic notion in the times of reform. The CCP should limit itself to the sphere of constitution and law, and play the role of model in the society .From 1996 to now, the CCP had the legal notion of 'managing state affairs according to law'. Based on the need of the market economy and the development, the CCP insist on emancipating the mind and seeking truth from facts, and know better about the construction of democracy and legal system . In 1997, the notion of 'managing state affairs according to law' is set up as the basic measure to reign the country, with 'the construction of rule of law in socialism country' as the important goal of modernization. In 1999, 'The state upholds the uniformity and dignity of the socialist legal system' was written in the constitution, which manifest the importance of 'managing state affairs according to law' to the development of market economy and other aspects of society .The CCP also have the notion of ' managing state affairs according to morale' as the betterment of 'managing state affairs according to law'. The CCP declare that everyone should obey the modern legal notion such as procedure, and deny the rule of individual . The CCP insist on the combination of Party leading, people's sovereignty and 'managing state affairs according to morale'. The CCP also improve its notion of the relationship between leadership and the power of reign, make it clear what the reign demand according to law . What's more, the CCP put forward the goal of harmonious society . The CCP has considered the legal construction as the main means of the rule for the country, which means that a new step of the legal notion of CCP has come .Based on the evolution of CCP's legal notions, the experience and the lesson of socialism construction of legal system, we can have a better understanding of socialist legal system, so we are even more determined to devote to the construction of legal system . What's more important, though the history of evolution of CCP's legal notions, we can see how the CCP correct and adjust the reign measure of country according the different conditions, with the goal of the welfare of the nation .We can also have a better understanding of our nation from the tradition of rule by individual, mass campaign to the construction of rule of law, which enable us to have more confidence in the CCP, the Chinese construction of legal system, and the socialism construction with Chinese characteristics .