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Rule Of Law With Chinese Characteristcs And The Protction Of Private Rights

Posted on:2011-08-22Degree:MasterType:Thesis
Country:ChinaCandidate:L N ZhangFull Text:PDF
GTID:2196330335467126Subject:Basic principles of Marxism
Abstract/Summary:PDF Full Text Request
China's rule of law in the 21st century will depend on China's overall progress and development of private rights. The rule of law will advance with the progress of private rights and decline with the delay of private rights. Human rights reflect the social status and were finally decided by the economic structure of society. In this paper, the premise of socialism with Chinese characteristics around the rule of law and protection of private rights to analyze the relationship between the argument.This paper was in the background of market economy and democracy, and focused on the relationship between protection of the private rights and development of law rule. In the first part of this thesis, it's analyzed and appraised that the protection of private rights is the focus of our rule of law. Firstly, starting from the definition of basic concepts, the meaning of the rule of law and private rights were discussed; Secondly, from a historical view, the development of Western law were analyzed with the basic clue of protecting private rights, obtaining the mutual logic relation between private rights and the rule of law; thirdly, through our analysis of all the flaws in government-leading law rule, and rationally learning from the Western rule of law and private rights theory, it's pointed out that, there exists bitter conflict between public rights and private rights in the transition period of china towards the modernization of the rule of law, and improving the protection of private rights is of urgent practical significance. The second part, the historical evolution of China's private rights protection and current situation is analyzed. Meanwhile, changes to protect private rights were examined. It's demonstrated that private rights and private law system had made great progress Since China's reform and opening, while protections of private rights weren't enough and there exists bitter conflict between public rights and private rights. It's pointed out that civil law system that private rights are first when facing the unlawful interference of public rights. The third part, on how to focus on "socialism with Chinese characteristics," the rule of law to achieve our goals and protection of private rights, the author puts forward some suggestions.Building socialism with Chinese characteristics and the protection of private rights law must be guided by the theory of socialism with Chinese characteristics, maintain a correct political orientation. Human rights reflect the social status and were finally decided by the economic structure of society. Therefore, to resolve human rights issues, it needs to address the problem of social system. Only under the framework of the socialist political system with Chinese characteristics, the rule of law with Chinese characteristics can be substantial built and development of the masses of individual rights can be truly realized.
Keywords/Search Tags:Rule of Law, Private Rights, Rational Understanding
PDF Full Text Request
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