The Study Of The Legal System Formation Of The Socialist With Chinese Characteristics

Legal system is the basis for the rule of law building, is the prerequisite for a countries to achieve rule of law. China's current special color of the socialist legal system has been officially formed, which has an important significance to achieve the rule of law Country of socialism with Chinese characteristics. Then the theoretical study of the formation will have a greater theoretical and practical significance.The formation of any national legal system are the product of the rule of law in practice, which has certain historical conditions and background.Socialist legal system with Chinese characteristics has gradually formed in the process of socialist democracy and the rule of law building since reform and opening up. From an emphasis on strengthening the building of socialist democracy and legal system to establish the rule of law and building a socialist country ruled by law and then to fully implement the basic strategy of rule of law, accelerate the construction of a socialist country ruled by law, running through a major problem is the socialist legal system with Chinese characteristics the formation and perfection.In this paper, the concept of the legal system has been analyzed and summarized. Contemporary jurisprudence on the concept of legal system has three main understand:First, from the theoretical level, the legal system and the law is in fact synonymous; Secondly, in terms of cultural aspects, the legal system and legal systems have similar meaning; The third, from the traditional perspective, the legal system based on all existing norms of a country, is the traditional interpretation of the legal system by the legal scholars. In addition, there is the theory of evolution on the legal system, legal system of law concept and theory of practice of law in view of the legal system. Advocates to look the development of the law, from the dynamic historical perspective, pursuit the real legal effect. This paper attempts to reach the basic consensus of the legal system and have an in-depth analysis of the legal system based on the theoretical issues. The first part, based on the socialist legal system with Chinese characteristics, analyze the standards of the formation of legal system, and the unique features of a socialist legal system with Chinese characteristics. Drawing on the formation standard interpretation by the domestic legal system scholars, the author summarizes the three levels of standards for the formation of the legal system. The first is that,the standards of the legal system formation requires a self-consistent perfect legal system; The second,legal system cultural values that good governance with good laws can protect human rights, then to achieve the purpose of legislative. The third, social standards of legal system believe that the legal system's ultimate mission is to put the law into practice, making the law becomes the major means of adjustment and the code of conduct that people generally followed. This is the highest ideal state of legal system. Then analyze the socialist legal system with Chinese characteristics, the characteristics embodied in the following areas:The essence of socialism, to a country, two systems, three-line, four-domain structure model, by the formation of the government to promote, reform and opening up and modernization construction as the characteristics of the times, learn, absorb, and create as the cultural identity, all the above are the foundation for the paper.The second part analyze the basis of the socialist legal system formation with Chinese characteristics describing. First discusses the historical origins of the formation of the legal system. Historical origins, that affects the formation of a socialist legal system with Chinese characteristics, is the major ancient Chinese legal system, democratic legal system and the Soviet Union socialist legal system. Then analyzed the formation conditions of a socialist legal system with Chinese characteristics. Socialist legal system with Chinese characteristics is a product of a certain stage of the great historical process of reform and opening up. Therefore, the continuous progress of socialism building with Chinese characteristics is the practicle basis of the legal system formation. By the way, the rapid development of the Marxist law is the legal basis of its formation, improvements in technology and legislation support its technical formation. The above factors constitute the conditions for the formation of the legal system. At Last, analyze the formation process of the legal system from three aspects.The third part summarizes the basic experience of a socialist legal system, from the practical and theoretical aspects. From the conceptual level, there are three major implemented insists. Adhere to the guide of theoretical system of socialism with Chinese characteristics, hold the Party's leadership, and proceed from the primary stage of socialism in China's national conditions and reality. From a practical point of view, the formation experience of China's legal system is to uphold the unity and flexibility into account, on the basis of inheritance and learning. Insists innovation, adhere to the comprehensive use of various legislative measures.PartⅣdiscussed the main problems and improvement ideas of the socialist legal system with Chinese characteristics. Although the socialist legal system with Chinese characteristics has basically taken shape, the legal system still has many problems, such as some legislative gaps, not high legislation quality and lack of operational. Coordination of the legal system itself needs to be further improved. In conclusion, on this basis, it proposes a sound legal system also needs to do the followings:To fill the legislative gaps, protect the rights of the people, amend the existing laws, improve the operability of the law, innovation legislation technology, to achieve harmony within the legal system, innovative legislative system, improve the legislative authority's setting and dividing system.Conclusion section highlights the key point of this paper. Socialist legal system with Chinese characteristics has its own characteristics and the standard of formation. The legal system formed under the guidance of Marxist legal theory and socialism with Chinese characteristics, formed on the basis of theory and the practice of building socialism with Chinese characteristics, gradually promoting accompanied by the great historical process of reform and opening up. Although the legal system still has some gaps, by its open and inclusive character, determines the legal system will be further perfected with the development of the practice of building socialism.