Analysis On The Politicized Legal Maintenance Of Stability

As the top priority issue, stability has been attracting the most attention since the foundation of the government. From the beginning of reform and opening up to now, the maintenance of stability is mainly based on the party’s policies and various political movements. Communist Party of China has been focusing on the mass line and relying and mobilizing on the masses since the revolution. Political movement cannot have completely finished without the participation of the masses which are the basic for the party to achieve a certain political effect. In the early years of the new nation, the economic benefits and social structures are single. In this case, people could accept an average society as the core ideology. It is easy to govern the society and the party’s policies and political movements are used as important tools of social governance."Cultural Revolution" made the Chinese people suffer years of calamity. Leaving from the Cultural Revolution, people began to seek a legal system and a large number of laws were enacted during this period. China was gradually moving towards an era of "law period". However, with the rapid development of the market economy, the deepening of China’s social transformation and a variety of social interest’s differentiation, a large number of sudden events happened. These not only cause to hidden dangers for social stability, but have become the obstructions for China’s reform and opening and economic development. Maintaining social stability has caused a great attention of the government. Hence, governments have increased investments for stability maintenance, including human, material and financial resources, but moving towards a more chaotic situation called "the more maintenance, the more instability". The public psychological expectation even distorts to a strange understanding which is that in order to get benefits from government, they must dare to create trouble. Without making trouble, the government does not give you anything. In consequence, maintenance of stability becomes that large cases are solved by large benefits, while small cases are solved by small benefits.In author’s point of view, the reason why Chinese society is moving towards instability is because although we did have legal system construction for controlling the stability in the past three decades after the reform and opening up, the law maintenance of stability showed a tendency towards politics. The characteristics of laws are the consistency and universality, i.e. equality before the law; while characteristics of politicization are the diversity and specificity, which means that different people have different treatments before the law. The law which is used as a tool for the maintenance of stability works for the local government. The court has put too much to consider the social impacts of the verdicts and then these verdicts will decrease the fair of the law. The judiciary is not independent so the court is guided by the Politics and Law Committee. These kinds of problems result in the degradation, even distortion of the maintaining social stability by law and they would lead to the situation which is the more maintenance, the more instability.Leading the stability to politicization has a significant impact for public to look at the law. The large increase of the petition letters shows that people believes petitions but laws. Once the people’ benefits get impaired, they would rather choose the government than the court. As an information channel, the petition itself is not a kind of social relief. However, in our society, the petitioner receives more efficient response than going to the court. In most cases, this solution is often contrary to the spirit of the rule of law. Only putting petition back to their original place and establishing the authority of the judiciary can make the maintenance of stability out of the situation which is "the more maintenance, the more instability".