On The Sound Development Of The Socialist Market Economy And The Rule Of Law

Building a socialist country ruled by law is one basic strategy of administering the country and inevitable requirement of realizing a harmonious society. Therefore, it is very necessary to study the current situation of the rule of law and its relationship with the social and economic life. With the deepening of modern monocracy, and running of monocracy and using law to run the policy is becoming a common goal of the Party and the people, which basically form a socialist legal system with Chinese characteristics. Strengthening the human rights protection become the subject of building a democratic monocracy, the force of economic development and social harmony is improving. The level of ruling by the law and fair administration is upgrading. Restriction and supervision of power is strengthened. But there are also many serious problem, such as although the policy of ruling by the law is implemented, its development is still unbalanced; legal system needs to be further improved; law enforcement, judicial, law-abiding and legal supervision is not satisfactory; legal environment does not fundamentally improved. In terms of legislation, legal gaps, some of the behavior of certain areas is still in no legal status. laws and regulations which has stipulated is conflicting. Administrative organ legislate beyond its authority, the operability of law is poor and the quality of legislation is not high. Strict enforcement is the key to ruling by the law, but the problem is just existing in the enforcement process. The prevalence of local protectionism justice in the Chinese justice system has become an obvious drawbacks, and since the reform and opening up,although China has formed a set including internal and external monitoring systems, but the effect is not ideal.This paper analyses problems existing in legislation, law enforcement, judicial, supervision and law basis under current situation of China’s monocracy and political, economic, cultural reasons for those problems by using methods such as "outside to inside" deduction method, reverse causation dialectical analysis, reverse thinking research methods under the circumstances of the leadership of the Communist Party of China and after the founding of New China and under the basis of in the course of construction The rule of law in China’s socialist economic practice features in regulating the market order, and promotes the formation and establishment of market ethics, and promote the rational allocation of market resources, stimulate the vitality of the market, and enhance market confidence, promoting the liberation of the productive forces, etc., and has a crucial role in building society with Chinese characteristics.Using the rule of law to better consolidate and develop the legitimistic authority of Party and State, to consolidate the political basis, social basis, public opinion and legal basis of running the society and to provide strong legal support of the nation,we should strengthening the construction of the rule of law from the following main aspects (1) Attaching great importance to the construction of the rule of law, promoting the rule of law in all aspects.(2) Promoting democratic legislation and scientific legislation, perfecting the legal system.(3) Strengthening the constitution and the law enforcement.(4) Comprehensive advancement administration according to law, speeding up the construction of the rule of law government.(5) Continuing to deepen reform of the judicial system, ensuring the independence of the judicature and realizing fair judicature.(6) Giving full importance to the rule of law in socialist modernization and building a well-off society in an all-round way.(7) Strengthening the rule of law guarantee of human rights further.(8) Protecting the right against corruption with the rule of law thinking. This article based on the analysis of the problem of historical study on the legal development and legal construction, arms to express an idea of under initial developing stage of China, people should solve the contradictions and conflicts gradually from reality and eventually to achieve a desired effect.