Theory Of Socialism With Chinese Characteristics, The Rule Of Law

Modern government by law is the product of western modernization. It is based on philosophy of rationalism and scientific doctrines, having close relations with market economy, democratic politics and diverse culture of value. It has became a major strategy of western modern social and national management and administration. Practice proves that whatever the patent of rules by law is adopted and whatever theory is based, the government by law that is the first alternative of state's administration has already merged into the origins of the western cultures. In our country the implementation of "state's administration according to law, building a socialistic country ruled by law" is long-term historical process. In the process we need to build a set of mechanism that is several times of legal systems. And it should concern operating mechanism of economy, ideological mechanism, consensus supervision, the establishment and operation mechanism of the law and etc.The implementation mechanism of the government by law involves with economics, ideology, traditions of the countries and people, cultural education, legal system, judicial environment and etc.In the aspect of social mechanism, first of all from two layers level it emphasizes the setting of a economic developing mechanism for the better implementation of the government by law. The major purpose for restriction of the government behavior and protection of individual rights in economic field is to find out the integration between limited balance interference by the government and private right of autonomy in the areaof economy. From the macroscopic view, the government makes the adjustment of the market in a less strong manner; and from the microscopic view, every main body communicates with each other in the market, the government and the main body of the market interdependences on each other. Second, establishing multicomponent ideological mechanism about the rules by law. It has became our country's must to push and promote the establishment and exhibition of the sense of citizenship fitting for the modern development in people's minds and their manners. The cultivation of the sense of citizen can't do without special soil of the growing mechanism. Therefore we should devote major efforts to develop market economy, promote political structural reform, build democratic politics, admit and foster citizens' society, legislate and execute the law justly, elevate the education level and comprehensive quality of the publics, realize the individual's socialization, personality and modernization, develop citizenship's training and its culture, consequently promote individual's all-round development. Third, pushing the press supervising mechanism for the activity of the administration of justice. For a long time, we seemed unilaterally understand our party's guidance for the press, the organ's newspaper of the government became a exclusive media. We should establish a multi-component patent of medias, which contains the major parts of the newspaper of the Party and government organs, supplemented by presses of groups and agencies, complemented by social newspapers. And this kind of patent can stimulate the enthusiasm of the masses to take part in the supervision and it can enlarge the sources of the information,exposing the corruptions in public, bringing "the fourth power" into full play. Fourth, improving the participation mechanism of the citizens. The participation of the citizens not only indicates the political participation of the citizens, that is direct or indirect election of the organ and its leader of authorities, but also includes the participation of the public interests, management of the public affairs, assuring the opening of information, improving the system and program for citizens' participation. For the sake of the public interests, citizens should take part in the supervision of the public powers.In the aspect of legal mechanism, first we should establish a coordinating and unified mechanism between legislation and justice. The...