The Historical Process Of The Rule Of Law Of Socialism With Chinese Characteristics

The practice of socialist countries in the 21st century has demonstrated that market economy and rule of law are the basis of socialism. Without sufficient development of economy, there is no perfection of rule of law. The western capitalist countries set up market economy earlier, so the construction of legal system is more perfect. Since the foundation of the first socialist country in the world, it has paid great attention to the construction of legal system. With the ideological bondage of "leftist", there haven' t been market economy accompanying with the mechanism, rule of law, because the backward socialist countries didn't go through sufficient development of capitalism, which is also one of the important reasons for the frustration during the socialism development. In China, construction of legal system has undergone great wrong before China has made rule according to the law as its fundamental strategy and formed socialist rule of law with Chinese characteristics. During the construction, we will not only draw on the past experiences and lessons, but also absorb all the civilizations in the world. So it is necessary to explore and analyze the historical process of Chinese socialist characterized rule of law for its theoretical and practical significance. The article consists of five parts. The first part begins with explaining the difference between concept of rule of law and others concerning with it, then draw out the connotation of rule of law with Chinese characteristics. The second part firstly traces back to Marx and Engels' discourse on legal system construction of socialism, and choices of rule strategy made by socialist countries in practice, then elaborates the significance of China's final resolution. Taking the four stages of China's legal system construction as its guideline, the third part summarizes the experiences and lessons and extracts democracy and legal system viewpoints of the three generations of Chinese leadership through the construction course. Part four expounds the current situation of Chinese legal system construction from four aspects as follows, China's national conditions, constructing way choice, problems in deeper layers and tasks faced by CPC. Based on the above parts, two conclusions are drawn in part five. One is that it is historically necessary to adopt rule according to the law, only by doing so can we really realize the strategic objective of modernization, the other is that only by persisting on the leadership of CPC can we really realize the objective of rule of law.