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Study On The Socialist Legal System With Chinese Characteristics

Posted on:2011-01-20Degree:MasterType:Thesis
Country:ChinaCandidate:J B ZhangFull Text:PDF
GTID:2166360305982380Subject:Marxism in China
Abstract/Summary:PDF Full Text Request
In December 1978, the party's Third Plenum of the Eleventh to achieve a strategic shift with one hand and development and reform while promoting democracy and legal system , opened a construction and development of the great history of socialism with Chinese characteristics. 30 years of reform and opening up our country has undergone tremendous and profound changes in phase synchronization with the reform and opening up, the building of socialist democracy and legal system also made remarkable achievements. Study the past three decades of reform and opening up the formation of the socialist legal system with Chinese characteristics and ideas for building a socialist country ruled by law and building a socialist harmonious society, comprehensively building a moderately prosperous society and the cause of socialist modernization construction proceed smoothly, with a very important theoretical significance and practical significance.This article has been trying to learn on the basis of the results, based on age, focus on the goal of building a socialist country ruled by law, will be thinking of the socialist legal system with Chinese characteristics put the theoretical system of socialism with Chinese characteristics, the overall system to study would be the rule of law combination of thinking and legal practice, and thus the formation of China's socialist legal system and basic content of ideology, basic principles, theoretical and practical significance to summarize and grasp in order to look forward to starting to build a complete socialist legal system with Chinese characteristics, the scientific system of thoughtThis paper is divided into four parts, each part of the main points as follows:Part I: Introduction section, in this section were mainly discussed the concept of the legal system analysis, the concept of the rule of law analysis, the relationship between the legal system and the rule of law, the socialist legal system with Chinese characteristics, ideas and theoretical system of socialism with Chinese characteristics relationship. Through the concept of the legal system and the rule of law for the analysis of the concept of analysis, summarized the relationship between the legal system and the rule of law: "the modern sense of the legal system is a static sense of the rule of law; the modern sense of the rule of law is a dynamic sense of the legal system, the legal system is the rule of law the basis for the rule of law is to achieve the the legal system means to an end. "This is the thesis that this is a pre-issue.The socialist legal system with Chinese characteristics and ideas of the theoretical system of socialism with Chinese characteristics is an important part of the legal thinking of each period, are to address the problem arising from that period, and the socialist legal system with Chinese characteristics and ideas of socialism with Chinese characteristics, The relationship between the theoretical system that is, with Deng Xiaoping Theory, "Three Represents"ideas, the relationship between the scientific concept of development. In short, this part is a basic part of the article.Part II: the socialist legal system with Chinese characteristics, the formation of ideas. Formation is divided into the historical background, theoretical basis, practical basis, the formation process. The background is divided into the international context and national backgrounds. Theoretical foundation has the legal thinking of Marx and Engels, Lenin's legal thinking, the legal thinking of Mao Zedong Thought. The basis of practice is divided into the economic base: the establishment of a socialist market economy and improved. Political basis: the development of socialist democratic politics. Cultural foundation: the development of socialist spiritual civilization and the socialist core value system formationFormation process can be divided into three stages: the rule of law recovery and reconstruction phase, which is mainly from the 1978 Third Plenum to 1992, the party's 14 National Congress; setting out the basic strategy of governing the country according to phase, which a stage in 1992 the party's 14 large party congress, the party in 2002; safeguard social fairness and justice, the socialist concept of rule of law in the formative stages of; from 2002 Shiliu Da present.Part III: the socialist legal system with Chinese characteristics, thought the main content and basic principles. This section is the focus of this paper: the basic content is divided into: the legal thinking of Deng Xiaoping Theory and Jiang Zemin period of "the rule of law and building a socialist country ruled by law" thinking, and Hu Jintao period of "safeguard social fairness and justice, the socialist concept of rule of law,"Deng Xiaoping Theory and the legal system ideology: the building of the socialist legal system, "Sixteen-Character Policy"; the legal system from the initial stage of the basic national conditions; to protect the people's democracy, we must strengthen the rule of law; Correctly handle the relationship between party and polic;correctly handle the party's leadership and the relationship between the rule of law; against the rule of man, respect for rule of law; The legal system in "doing" thinking,;establish a legal concept in the whole population, enhance the legal awareness.Jiang Zemin's period of "the rule of law and building a socialist country ruled by law" mentality. Legal thinking in this period include: from the legal system to the rule of law across the rule of law put forward ideas; democracy, democracy and the rule of law ideology, Rule of Virtue and the rule of law combined and governance in order to promote the rule of law by virtue of thought; legislative thought; administrative rule of law, ideology, thought the rule of law and democratic supervision; Franco-Prussian education system.Hu thought the rule of law during the main content: This paper presents the idea to govern according to law; that the socialist rule of law and philosophy; put forward the spirit of promoting the rule of law requirements; deepening and expanding the orderly participation in political thought; to private property rights concepts as such.The basic principles of the three basic principles: seek truth from facts, and China's actual principle of combining; uphold the Party's leadership, the unity of people being the masters and the rule of law principle; uphold the Party's cause first, the people's interests first, the constitutional supremacy of law principle.Part IV:the socialist legal system with Chinese characteristics, the importance of ideology. In this part, the author mainly from the theoretical and practical significance of the discussion on two fronts. In the theoretical significance of the main aspects of the development of the Marxist theory of law contribution: the socialist legal system with Chinese characteristics and ideas of Marxism theoretical achievements of Chinese law, is the continuous development of the theory, and the legal concept of dialectical materialism. In practice, mainly discusses the meaning of building a socialist society with Chinese characteristics and significance.
Keywords/Search Tags:Legal System, Rule of Law, Democracy, Legal Thinking, Theoretical System of Socialism with Chinese Characteristics
PDF Full Text Request
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