A Historical Study Of The Party’s Governance By Law Since The Reform And Opening

The third plenary session of the 11 th Central Committee started the healthy development of democracy and legal, the party’s 18 th Fourth Plenary Session put the governance by law into an unprecedented new height. With comprehensively deepen reform, modern national management and China governed by law, historical and era tasks put forward new requirements and challenges. At this important historical juncture, to clarify the rule since the third plenary session and to present objectively true picture of its history has a positive significance.Currently, the study of the evolution of governance by law includes many types, such as text classes, character classes, association classes, monographs class, processes, etc., and its focused content also include many aspects, such as connotation, key way, achievements, constraints, reflection, etc. But in the overall, there are still heavy on narrative, light Comments regret and vague definition for the introduction stage, stage flags. In this paper, based on the large possession of historical material, the writer try to draw a more comprehensive and objective whole picture of governance by law since the third plenary session, and focus on the main line of this dynamic process in order to connect the various stages, and then find out every period’s main practices and major innovations, so as to highlight the Continuity and breakthrough on the guiding philosophy. On the research methods, the writer emphasize the combination of history and written arguments, and the Comprehensive utilization of history, policy, sociology, law research methods tools. The use of graphics and data analysis makes the blur text describes into a concise presentation intuitive data chart, which means a new vitality injected into history research. At the same time, the selected time span as well as phasing results rarely overlaps with previous studies. According to the task of law construction under certain historical background, the new understanding may deepen the comprehension of mission and times of governance by law.The introduction introduces the selected topic reason and significance, the research status and the research idea and method. The text is divided into five chapters. The first chapter makes a brief view of the legal system construction in thirty years(1949-1978), and focuses on the legislative, judicial, law enforcement work without a consolidate foundation, one-sided emphasis on class dictatorship while neglect of civil rights protection, the bad under consequences of “law follow policy and instruction” under the law instrumentalism. The second chapter study the central task of the legal system, from the legal order out of chaos in the third plenary session to 14 th Party Congress, announced the establishment of a socialist market economy, including the concept of democracy and law, the building of jurisprudence centre by constitution, judiciary, civil law belief, etc. Meanwhile, the inherent drawbacks of planned economy and shadow of “lawlessness” of “Cultural Revolution” period make the legal system construction focused on defense. The third chapter describes the new situations in legal system form 1992 since it need to serve for the development of the socialist market economy, including the developments in theoretical aspect, such as the change from “rule by law” to “rule of law”, the establishment of the rule of law, and the combination between governance by law and management by ethics, etc. Meanwhile, this chapter also inspects the significant creations in practical level, for example the formation of a socialist legal system with Chinese characteristics. Besides, this chapter also analyzes the insufficiency of legal construction and the limitation of modern law backwardness country. The fourth chapter discusses the breakthroughs of central collective leadership’s legal concept since the 18 th national congress, the development of jurisprudence, especially on the constitution, the party’s rules and regulations, and military law, as well as the adjustments in legal construction, like the judicial reform. The final chapter is based on the investigation and analysis of previous four chapters. The main task of this chapter is to summarize the main rules and historical experience in the evolution of governance by law, and make some prospect on the comprehensive promotion to governance by law.Through the review of this process, several major rules can be summarized as below: first, the whole form embodies the fusion of distinctive history stamp and era features; second, the evolution trend experiences the advancement from rule by man to rule by law and rule of law; third, the legal status becomes increasingly stressed, and the understanding of relationships with other rights of discourse(the Party, government, people) tends to gradually deepen; fourth, the legal connotation changes from dictatorship to civil rights protection. Further promotions to the construction of governance by law can make persistent efforts as following: first, pay attention to the leadership of Party and initiative of people; second, attach importance to the scientificity of legislation and effectiveness of practice; third, lay emphasis on the universality of law and particularity of situation.