The Improvement Of The Socialist Legal System With Chinese Characteristics

The Socialist Legal System with Chinese Characteristics is an integral part of the theory of socialism with Chinese characteristics, is the vivid reflection of China's legal construction. More than thirty years of reform and opening, China has been committed to the establishment of the Socialist Legal System with Chinese Characteristics. At the end of 2010, a Socialist Legal System with Chinese Characteristics was established, which is an important milestone in the construction of the socialist legal system. At present, the most important laws and administrative regulations and local regulations to match in various departments of our legal system is relatively complete, basic coherence is established within the system. However, the formation of the legal system does not mean that the legislative work is done. Socialist Legal System with Chinese Characteristics is an open, dynamic and development system, still needs to be constantly improved, and gradually improve their quality of legislation and the coordination of the legal system. This thesis, through analysis of the current situation and issues of legal system, from the perspectives of theoretical research and legislative practice, bring forward the corresponding improvement suggestions, in order to fill the gaps in relevant theoretical research, to enrich the theoretical views and contribute to construction practice of the Socialist Legal System with Chinese Characteristics。The outline of this thesis is as follows:The first chapter deals with general issues of the formation of a Socialist Legal System with Chinese Characteristics, in order to establish the theoretical basis and analysis panel for the subject. First of all, define the content of "a Socialist Legal System with Chinese Characteristics" through the interpretation of "legal system " and "socialism with Chinese characteristics", in order to determine the scope of theoretical research. Then, summarize the formation process and formation signs of the Socialist Legal System with Chinese Characteristics, and verify the significance of the formation of a Socialist Legal System with Chinese Characteristics, as to confirm the development and achievements of China's legal system, and provide basis for the next issue.The second chapter discusses the status and problems of Socialist Legal System with Chinese Characteristics, and propose its necessity and importance of a sound. First, introduce the latest the legislative situation and data as the analysis basis of the current legislation situation. Next, from angles of theoretical research and legislative practice, identify questions, clarify the urgency of solving the problem, and make a proper analysis of the causes behind those problems. Finally, discusses why our legal system needs to be constantly improved, provide basis for the next part of the discussion.The third chapter brings forward the specific improvement suggestions of the Socialist Legal System with Chinese Characteristics. Suggestions for this part consists of some principles and ideas, including that improvement work should adhere to several principles, should strengthen theoretical study and should improve the legislative practice. Theoretical study, first, shall solve three "old" issues during the formation of the legal system: definition of the legal system, internal division of legal system, the scope of the legal system in vertical levels. Also, this thesis brings into theoretical study some innovations: the central role of Constitution in the improvement work, several relations that we should properly handle with. The improvement suggestions in legislative practice includes: some improvement methods, two legislative requirements involving deep-seated reform of the system, and two areas of legislation to be focused on under current social transition.Conclusion responded to the key point of this article. Socialist Legal System with Chinese Characteristics is open and dynamic, needs to be constantly improved. Socialist Legal System with Chinese Characteristics is a systematic and complex improvement projects, shall be improved both in theoretical study and legislations practice.