Deng Xiaoping Legal Thought

On March 14, 1999. as our country's elementary policy, "rule by law and construct the socialism country which is ruled by law" was written in the constitution. It means that rule-by-law has realized its history tride from rule-by-man on notion. On this Process, Deng Xiaoping's Theory and his thoughts of law built up its theory fun damention. To review and expound comprehensively the Deng Xiaoping's thoughts of law can help us explore the antecedents and consequences of this historical revolution and grasp firmly certain characteristics and directions of the modernization of law institution which is going on now and continually.Every new theory or creative thought which responds the demand of an era is a comprehensive result produced by complex factors. The Deng Xiaoping's thought of law that is the second law revolution during china modernization course is caused with its far history background. Reform and open and modernizational construction led by Deng Xiaoping's have realized the revolution and transformation of law order which is changing from the rule-by-man form under traditional planned economic institution into the rule-by-law form under modern market economic institution. The Deng Xiaoping thoughts of law produced directly and practically from the Big Cultural Revolution. The Parry's seriously wrong idea and highly comprehensive economic and political institution as well as the feudalism's history and cultural tradition are subjective, institutional, social and cultural causes of the Big Cultural Revolution. By the extremely way, the Big Cultural Revolution revealed all malpractices under the old institution and it brought about mass organizational calamity which is the bad result of rule-by-man spread. In order not to replay this tragedy, Deng Xiaoping began to search for a new method to run our country and went gradually on the rule-by-law way. From the traditional form to modernizational form, the fundamention of law is the transformation of social relation and social construction. The reform of economic institution and political institutionoriented from market economy and democracy politics is the social motive condition for the formation and development and practice of the Deng Xiaoping's thoughts of law. Forming the Deng Xiaoping's thoughts of law cannot separate from his practical, rational and open thinking method. .The Deng Xiaoping's thoughts of law are extensive and penetrating. Whether from its developing course or its logic structure, is worth reading broadly. Deng Xiaoping's thoughts of law had underwent its origination period when it passed prom the revolution and war epoch to the end of Big Cultural Revolution, and then it had underwent its forming period when it passed from the end of the Big Cultural Revolution to the twentieth party's People's Representative Congress, and from the twentieth Party's People's Representative Congress to the thirteenth Party's People's Representative Congress it had developed continually until to the South Speech it had enriched and deepened. Among three volumes of Deng Xiaoping Selected Works, there are more than one hundred passages involving democracy and law system, including all parts of their construction. The idea data are integrated into a relatively independentand complete system of rule-by-law theory which puts "administer a country by law" in the middle and composed of rule-by-law essential theory and rule-by-law authority theory and rule-by-law motive theory and rule-by-law development theory and rule-by-law value theory.Deng Xiaoping posed that we must reinforce socialism law system in order to ensure people's democracy and make democracy systematize and statutize and not vary with leader's change. It revealed the essence of rule-by-law. Starting with the institution Deng Xiaoping rejected rule-by-law Party and rule-by-man and privilege and corruption, and established the authority of law. Deng Xiaoping's " scratch with two hands" principle has announced that market economy is the motive origination for development of rule-by-law. Deng Xia...