The Rule Of Law Under The Leadership Of The Party

It is the common aspiration of the masses to implement the policy and strategy of administering a country according to law at the 15th session of the National People's Congress of the Chinese Communist Party. At the critical moment of entering into a new century, Comrade Jiang Zemin raised again the issue of administering a country with virtue and emphasized the point that "in the course of both the construction of socialism of Chinese characteristic and the development of socialist market, the construction of socialist legality should be strengthened unremittingly so as to administer a country according to law; meanwhile, the construction of socialist morality should also be strengthened unremittingly hi the hope of administering a country with virtue." In view of this, how to accurately grasp the basis of administering a country according to law and how to know well and handle the relationship between administering a country according to law and the leadership of the Party is of vital significance to right understanding of and implementation of administering a country with virtue; adherence to, strengthening and improvement of the Party's leadership; carrying out right and effectively the policy and strategy of administering a country according to law. This paper aims to elaborate on this very aspect.The whole paper is divided into three parts. Part I is the basis of administering a country according to law. The raising of the policy and strategy of administering a country according to law has its solid theoretical basis, historical necessity and profound realistic basis. Its theoretical basis is Marxist theory of democratic legality, of which Deng Xiaoping' s exposition on democracy and legality is its important theoretical source; its historical basis is both positive and negative experience and lessons in the socialist period, especially the lessons from the Great Cultural Revolution; its realistic basis is socialist political, economic and cultural construction, including "administering a country with virtue".The second part is about administering a country according to law and the leadership of the Party. Administering a country according to law and the leadership of the Party is unified in the interests of the people, socialist democracy and the policy and strategy of the Parry's administering a country; it must adhere to the leadership of the Party, which is determined by progressiveness of the Party, the nature of a state's political power, the ruling position of the Party, the requirement of ruling by law and safeguarding of legal authority; also, it has its historical reasons, realistic ones and inherent ones; it will help improve the leadership of the Party, whose concrete representations are: administering a country according to law is beneficial to the Parry's practical and effective implementation of the principle of democraticcentralism, which demands legalization of the Party's leadership and abolition of the Party's substitution for the government and law.The third part is on improvement of the Party's leadership to give impetus to the course of administering a country according to law. The scientific implication of the Party's leadership should be understood accurately, i.e., realization of the Parry's leadership should rely upon all Party members' giving their full play as a vanguard team instead of upon administrative power; we should know well and handle the following relationships, namely, the relationship between the Party's policy and law; the one between administering a country according to law and administering a country with virtue; the one between authority of leaders and that of law; the one between adherence to and perfecting of the fundamental political system of our country and administering a country according to law; the one between subject and object of administering a country according to law. The Party's leadership should be legalized, including legalization of the relationship between the Party and the government, and that of the relationship between t...