Since The Third Plenary Session Of The Eleventh Cpc Central Committee, The Legal Construction Of The Development Process And Its Thinking

Guided by the fundamental theories of Marxism, using the method of integration of theory and practice, this paper investigates the development of legal system in the New Period from the angle of history. It will take up the following four questions one by one: The first section, divided into two stages, reviews the growing process of our legal construction from the founding of our People抯 Republic to the Third Plenary Session of the 1 1敀 Central Committee. In this period, the legal system centered on the Constitution drawn up in 1954 has come into being. The work of making the law~ executing the law and administrating of justice has developed steadily. These lay an initial foundation for the construction of democracy and legality in China. In brief, the road of the legal construction in this period is tortuous. The legal construction hasn抰 achieved anything, and there remain many problems. The second section reviews the growing progress of the legal construction in China since the Third Plenary Session of the 1 li? Central Committee. During 搕he Culture Revolution? socialist democracy and legal construction is destroyed completely. The legal construction in this stage ,from crushing 搕he Gang of Four?in October in 1976 to the Third Plenary Session of the 1 li?Central Committee convened in 1978,is transitory. In this period, although China has began to restore its democratic and political system, the legal construction is still hesitating because of the continuance of 憈he Left deviation? China has not entered its flourishing stage in our socialist democracy and legality until the Third Plenary Session of the 1 l~?Central Committee. This paper ,divided into three stages, conveys the survey of legal construction from the viewpoint of education in legality making the law executing the law and administrating of justice and brings to light the development process in legal construction. The third section points out the problems in our legal construction and analyzes their reasons. -I China has achieved great success in legal construction during the 20 years since reforming and opening-up, from making no law to the forming of socialist legal system centered on the Constitution. But there still remain many problems. This paper analyzes the problems from two angles .The former, from making the law, executing the law and administrating of justice; the latter, from citizens?legal conviction, legal quality and political and legal system. The fourth section puts forward the proposals to further develop legal construction. Ruling the country by law and constructing socialist legal system in China is an arduous and long-term task. But, at present, the urgent one is to change the strategic decision of ruling China by law to the Chinese抯 conscientious action, to combine the law with our national conditions and to find out the way to the legal construction suite for our national conditions. Based on the primary stage of socialism, its aim is to improve the legal construction step by step in a planned way, to have our eyes on the present rather than to be content with the present, to establish the aims rather than to be over-anxious for quick results. It analyses them deeply from the viewpoints of education in legality, making the law, executing the law and administrating ofjustice.