Since The Reform And Opening Up The Party's Legal Theory Of The Development Of Innovative History And Empirical

Comprehensively building a moderately prosperous society and a new period of building a socialist harmonious society, the Chinese Communist Party theory of how to strengthen the building of the rule of law to raise the overall level of the rule of law is an urgent need to study and solve major problems.In this paper, Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the "Three Represents" important thought and the scientific outlook on development as guidance, close contact with the theory of the Chinese Communist Party history and reality of the rule of law and apply the Marxist historical materialism and dialectical materialism and so on, right the Communist Party of China since reform and opening up the rule of law development of the theory and practice a systematic in-depth historical analysis, summed up the party's legal theory of reform and innovation, experience and enlightenment, the Communist Party of China put forward reform and improve the legal theory of the main path.Paper is divided into three chapters.Since the Chapter One from the reform and opening up the party's legal theory of the development of innovative historical background, historical roots, the basis of practice, theoretical argument in respect of four root causes of reform and opening up the party's legal theory of the development of innovative social and historical conditions.First, the party of reform and opening up the development of innovative domestic and international legal theory into the environment, deep understanding and grasp the party of reform and opening up the development of innovative legal theory of historical development. Second is that the construction of China's socialist legal system both positive and negative historical experience, is the rule of law reform and opening up the party's theory of the development of innovative historical roots.The third is the perspective of the relationship between theory and practice to explain the party's reform and opening up to China to conduct a full range of legal practice, to explore, and have achieved fruitful results, for the party's legal theory provides a practical foundation for the development of innovation.Fourth, from the origin point of view, pointing out that Marx and Engels thought the rule of law, the rule of law ideology of Lenin and Mao Zedong Thought is the rule of law reform and opening up the party's legal theory, an important theoretical development of innovative sources.Chapter Two Taking history as a line of reform and opening up the legal system in China since the Communist Party of the theory of exploration, and innovation in historical study.The first phase reviewed the first three in 1978 to 10 full third party legal theory of the Fourth Plenum of the development process of the legal theory of Deng Xiaoping to mature from the initial shape.The second stage reviewed the 13 into the Shiliu Da Fourth Plenary Session of the development process of the party's legal theory, analysis of Jiang Zemin and Deng Xiaoping Theory development and improvement of the rule of law.The third phase of review of the legal system from Shi Liuda since the party's theory of the development process, pointing out that the new era to make the party's legal theory of the times, the party's legal theory must constantly innovate.Chapter Three summarizes the reform and opening up the party's legal theory of the development of innovative experience and revelation, pointing out that the rule of law reform and innovation, the party's theory of the basic path. First, we must adhere to the party's leadership.The leadership of the Communist Party of the People's Republic of China is the core of China's socialist cause a strong fortress, but also the building of China's socialist legal system, the core of leadership. This is determined by the nature of the party's decision is an inevitable choice for China's historical development; Second, to emancipate the mind, seek truth from facts. This is Marxism in China's ideological basis, but also the rule of law reform and opening up the party's theoretical development, one of the basic experience of innovation; Again, must be based on China's specific national conditions. The differences in national circumstances, determines the theoretical development of the diversity of national legal system, China is no exception, it must be based on China's special conditions, proceed from reality, in the primary stage of socialism and accurate positioning and to draw on his experience in state benefits, and only In this way, can the party continue to develop and improve the socialist legal theory; The fourth topic of the times to be answered. The world is changing themes of the times will undergo major changes, these changes to the party's legal system will inevitably raise issues of different ages under different historical mission, but also to the party's socialist legal system, the development of innovation theory provides a wealth of content;Finally, it must constantly promote theoretical innovation. Theoretical innovation is the party and the country to continue moving forward momentum. Development of the times calls for theoretical innovation and historical progress requires the improvement of the theory.Communist Party of China always adhere to the Marxist jurisprudence to guide the development of the theory of China's socialist legal system, innovation, along with the development of history, we must advance with the times and constantly promote theoretical innovation, talent and China's specific reality in order to adapt to China's the actual situation.