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The Condition To Realize The Theory Of The Rule By Law In Our Country

Posted on:2014-07-16Degree:MasterType:Thesis
Country:ChinaCandidate:J LiuFull Text:PDF
GTID:2256330401987922Subject:Legal theory
Abstract/Summary:PDF Full Text Request
For more than30years of reform and development, China has made manysignificant achievements in legal construction, the Socialist legal system with Chinesecharacteristics has formed, which provides a good environment of rule of law. Butcoupled with the overall situation in China, the conditions to realize the rule of lawremains deficient. This will be combined with the current reality of our situation, putforward three conditions for ruling the country according to law: under rule by law,ruling by constitution and administration according to law. From the one of the threeinner relationship focusing on why the achievement conditions three to achieve therule of law, as well as under present social conditions what are the obstacles to thesethree conditions are met.The first chapter begins with a brief overview of administering the relevantfundamental issues. Start by describing the proposed process the rule by law in China,and then outlines the status of the rule by law in China, as well as constraints, whichleads to the next, the focus of this article is to achieve what is ruling should meet threeconditions. Three conditions in the next three chapters from each other as well as withthe rule of law respectively, explains why the relationship between implementation ofthe rule of law requires these three conditions in the realization in the process ofgoverning the country according to law and their status.The second chapter of this article governing the country according to law is aprerequisite for achieving the rule of law. This chapter begins with an analysis of theconnotation of good laws, instructions to achieve rule of law first and only on thebasis of the law is a good law is likely to continue to explore the realization of rule oflaw. Next, this article combines the re-education through labour and detention of twonegative examples to justify a good law in the realization of importance in the processof governing the country according to law. Finally from the only good law can reallyprotect the interests of the people, only good laws can be rational allocation ofresources and the interests of various parties and only the law can establish legalauthority and credibility analysis of the three dimensions of the Government, whygood laws is a prerequisite for ruling.The third chapter of this article is central to achieving the rule of law is ruling by constitution. First by looking at the common law and civil law systems typical ofcountries, found that almost all of the rule of law were placed on the supremacy of theConstitution, and analyzed in a command position in the constitutional system in ourcountry. Following analysis of the shortcomings in the implementation of theConstitution leads to necessity of implementing constitutional Government.Conclusion by analyzing the mastery of constitutional law and the rule of law tojustify why is at the heart of the rule of law ruling by constitution, includingconnotation and value of rule by law and ruling by constitution harmonize importantsymbol of supremacy of the Constitution is to establish the rule of law and citizens ’demand for the rule of law is also manifested in the perfect look in to the Constitutionfor three reasons.The last chapter is administration according to law is the basis of ruling. Firstreviewed the course of development of our country administration according to law,and present the results achieved in administration according to law in China. Thenanalyzed in the present context of the problems of administration according to law inChina and thus lead to administration according to law is the key to "right to rule"point of view. Final analysis from three aspects of how the current prerequisite forgoverning the country according to law is administration according to law in ourcountry. Firstly, it is the Executive authority in the country of social status and role,namely, issues arising in practice in China highlighted the importance ofadministration according to law, third particularity is the administrative power ofdecision.
Keywords/Search Tags:Rule by law, Good law, Rule by constitution, Administration by law
PDF Full Text Request
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