Party Governance Reform Its Legal Analysis

Three Represents and Three Civilization are guiding thought and striving goal of the Chinese Communist Party (the Party) and China, which is confirmed in the 16th Congress of the Party and the Amendment of Constitution. Henceforth, the construction of political civilization has become the heating point of study . Among them, reforming and improving art of the Party's governance and exercising state power according to law are the main contains of political system's reform, and they are significant to the construction of political civilization.The aim of this thesis is to study the reform of governance .The thesis is divided into six chapters.In the first chapter, this author analyzes political party's function, essence and developing law from the general principles of political party, ruling party and art of governance.In the second chapter, this author mainly illustrates western political party's basic way of being in power, the ways of controlling legislative body, administrative body and judicial organs. Thus, this author hopes the Party can benefit from it.In the third chapter, the developing history of the way of governance for the Party is delineated.In the fourth chapter, the three principles of changing the Party's governance way is proposed, the principle being in power for people, indirect principle and the principle of power's emphasis on state power organs. Being in power for people is the beginning point and home of changing the style of governance. The indirect principle is a basic one how to deal with relation of the Party and politics, and its implication is that the Party's leadership should be mainly put in politics, thought and organization. It is power organ not administrative body and judicial organs that contacts with the Party. Party groups among these organs just act as a bridge between the Party and national organs. The last principle means that the leaders of the Party should attend the People's Representative Congress (PRC) and government to be the leaders of them.In the fifth chapter, the dealing styles of the Party and all the organs areillustrated, and the relation of the Party and the PRC is mainly introduced in this part: Being in power through election, the Party's will must be converted into national will, and produce of cadres should be elected. Its relation with administrative bodies is to support them to-manage the society according to law, and its relation .with judicial organs is to guarantee them to judge independently and fairly.In the sixth chapter, the feasible choice of the Party's governing legislation is put forward. That's amending Constitution, declaring the Party's position and governing principle, formulating the law of being in power or the law of the relation between the Party and politics.