The Research About Pattern Of The Rule Of Law On "First Exercise And First Try" Policy

To be the core and the main content of a new round of the national comprehensive reform pilot area,"First Exercise and First Try" is both an important policy that country supports reform and development, and the basic pattern of a new round of reform. However, the new comprehensive reform is continuously pushed forword in the process of the rule of law, and it is carried out in the context that the legal system of Chinese characteristic socialism is gradually improving. We encounter many plights of the rule of law in the formulation and implementation process of the "First Exercise and First Try" policy. We have to solve some important problems that are how to coordinate the relationship between policy and law and how to build the rule of law mode of "First Exercise and First Try" policy.Based on Marxist Jurisprudence and the Theory of Chinese Characteristic Socialism as guidance, the main use of combining theoretical analysis with historical analysis, static analysis with dynamic analysis methods, this paper interpreted the nature, concept and basic characteristics of "First Exercise and First Try", and the connotation about "First Exercise and First Try" policy under the rule of law. This paper did detailed interpretation and research to the theoretical basis and practical value about "First Exercise and First Try" policy under the rule of law, the present situation, problems and reasons about the rule of law mode of "First Exercise and First Try" policy, and put forward ideal goals and values, two operating mechanisms and two basic models about construction of the rule of law mode of "First Exercise and First Try" policy. Finally, this paper has carried on feasibility analysis and risk prediction about concrete ways of construction it. This article is divided into four main parts:The first part is the legal analysis of "First Exercise and First Try". The origin of "First Exercise and First Try" and many different storys of the theory community about "First Exercise and First Try" nature as the starting point, it defined the nature of "First Exercise and First Try", and analysed the concept and basic characteristics of "First Exercise and First Try"."First Exercise and First Try" has been granted the special policy and basic mode which the country entrusted to pilot areas of the comprehensive and supporting reform.The second part is the theoretical basis and practical value of the policy "First Exercise and First Try" under the rule of law. It discussed the meaning of the policy "First Exercise and First Try" under the rule of law,"First Exercise and First Try" policy was bound to go the path of the rule of law, it is decided by three requirements that are China’s gradual reform path, building a country under the rule of law and legal protection of deepening the reform. It analysed the philosophical basis, sociological foundation and law basis of the rule of law of "First Exercise and First Try" policy, and did detailed interpretation to its practical value.The third part is the empirical analysis of the rule of law mode about the policy "First Exercise and First Try". It regarded the operational aspects of law as the main line, analysed the basic status and problems of the rule of law mode of "First Exercise and First Try" policy, and explored the historical, economic, legal, social reasons of these issues.The fourth part is the construction of the rule of law mode about the policy "First Exercise and First Try". It depicted the ideal goal of the construction of the rule of law mode of "First Exercise and First Try" policy, discussed the legal value which this pattern embodied, explained two operating mechanisms of the construction of this pattern (pluralist social identity mechanism and constitutional explainable mechanism), as well as two specific pathways (the law as the leading integrated construction mode and policy-oriented integrated construction mode). And finally it did feasibility analysis and risk forecast to the construction measures of the rule of law mode about the policy "First Exercise and First Try".In short, through "First Exercise and First Try" and the policy "First Exercise and First Try" under the rule of law this article gives a theoretical interpretation, trying to analyse the problems of the rule of law mode about the policy "First Exercise and First Try" under the background of comprehensive reform, so as to construct the mode to provide some recommendations for the development of China’s reform in the new period has a certain theoretical and practical significance.