On The Chinese Communist Party And The Rule Of Virtue Legal Innovation Strategy

At the National Conference of Heads of Publicity Departments of CPC in 2000, Comrade Jiang Zemin put forward a very important idea, that is, " in the process of building socialism with Chinese characteristics and developing a socialist market economy, we should unremittingly strengthen socialist legal system construction, and run the country by laws, at the same time, we should untiringly strengthen socialist morality construction and run the country by morality. Legal system and morality construction, Ruling the country according to law and running the country with morality are a closely integrated whole." at 16th Party Congress report posed "Ruling the country by law and ruling the country by virtue complement each other. It is necessary to establish a socialist ideological and ethical system compatible with the socialist market economy and the socialist legal standard and consistent with the traditional virtues of the Chinese nation. " So we must conscientious study the scientific meaning of the CPC "Running the country with morality", especially blaze new trails in the theory of law. There are important theory and practice meaning in carrying out intensive comprehension in the Party's basic line, policy and program, speeding up to build a Well-off Society in an All-Round Way in entering new century. This thesis consists of six parts in stating the blazing new trails in the theory of law of the CPC "Running the country with morality".In the first part, the author states the cultural and actual background of the CPC "Running thecountry with morality" general plan. Sizing up the major social objective, I think about both the nation's traditional ideology and the need of real life. First, Analyzing the meaning and action of the china traditional ethics and law. Second, stating the reality of "Running the country with morality" general plan in the crisis of morality construction, the development of the market economy and the need of struggle against corruption.In the second part, the author expound the form and the basic meaning of the CPC "Running the country with morality" general plan. On the one hand, From being made angles I make a statement, the CPC "Running the country with morality" general plan is sprouted the revolution by Mao zedong represented the first CPC leader group; is formed the reforming and open practice by Deng xiaoping represented the second CPC leader group; is establish the practice of building a Well-off Society in an All-Round Way by Jiang zemin represented the third CPC leader group. On the other hand, I explain the meaning of "Running the country with morality" general plan and the thought of "Ruling the country according to law "in greater detail.In the third part, "Running the country with morality" general plan carries on and develops the Marxist theory of law. First, from inheriting angles I think about the Marxist view in four aspects. That is the property of law and ethics, the commonpoint between law and ethics, the distinction between law and ethics and the relation of law and ethics. Second, From developing angles I state the relationship of "Ruling the country according to law " and "Running the country with morality" in four aspects.In the fourth part, the author emphatically analyzes that "Running the country with morality" general plan derives from and contributes to the china traditional cultures. At first, the article analyzes the ancient china traditional law thought. That is: thinking highly of criminal and lowly of civil, no lawsuit, putting propriety into law. At last, according to the knowing of the confucianists' "rule by morals", I state, "Running the country with morality" general plan develops the china traditional thought of "rule by morals" from four aspects.In the fifth part, "Running the country with morality" general plan uses for reference and deepen the western theory of law. Firstly, the western dispute of rule by law and by man; Secondiy, the relationship of law and morality in the western scholars' eyes. Last, from the right of fre...