| The main part of social development in history are people,and the basic standpoint of historical materialism is the view that the people live in the mian positiant in the social development. The construction of socialism with Chinese characteristics, including economy, culture, politics, society and so on.The construction of socialist legal system, as the important aspect of the construction of socialist political civilization with Chinese characteristics,must maintain the people's principal position.Great achievements have been made in the construction of socialist rule of law with Chinese characteristics since Reform and Opening up,the status of the people in the rule of law construction has been consolidated and strengthened. However,to acheive the status of people is still faced with some problems in the construction process of the rule of law.The communist Part of China in fourth Plenary Session of the 18th CPC Central committe put forward the decisions on major issues concerning the overall promotion of the rule of law on 20 October,2014.This decision pointed out that to maintain the people's principal position is one of the general principle of the construction of socialist legal system with Chinese characteristics.By studying the reason and performance of the construction of the rule of law in the Chinese characteristic socialism,this study,which is based on the practice of socialist legal construction with Chinese charateristics,try to explore the dilemma,problems reansons in the procedure of maintaining the people's principal position and then find out moves for strenging and buliding the people's principal position. This paper consists five part:The first part mainly introuces the basic connotation about the construction of rule of law with Chinese characteristics and the dominant position of the people.By analyzing the basic connotation of rule by law,this part makes a distinction between the rule by law and the rule by man,and then points out the meaning of the construction of rule of law.Besides,this part points out the meaning of "subject""people subject"and"people's subject status"one by one.At last,this part smmarys the meaning of people's main body status in the construction of rule of law. The second part mianly discusses the reason of maintaining the people's principal position in the construction of socialist legal system with Chinese characteristics.According to the people subject thought in the theory of rule of law from Marx and Engels.this part pionts out the the people's principal position in the rule of law thoughts of Mao Zedong,Deng Xiaoping Jiang Zemin and Hu Jintao,Xi Jinping.This part also studys the reasons for the status of the people in the rule of law in the construction of socialism with Chinese characteristics from two aspects of objective conditions and subjective conditions. The third part discusses the expression of maintaining the people's principal positiong in the construction of the rule of law.This part studys the questoin from four aspecet,they are legislation aspect,law enforcement aspect judiciary aspect and the aspect of observance of the law.The rule of law and supervision throughout the four parts,so there is no separate listing.The fourth part expounds the problems which is the people's principal position faced with and the reasons for that problems.The problems include objectice and subjective problems;the reasons include culture roots,ideological reasons,financial reasons and political grounds.The fifth part mianly proposes conutemeasures,which can confime the people's principal part in the construction of rule of law, from there aspects:the economic perspective,the political perspective and the cultural perspective. All in all,by researching on the people's subject status in the construction of the rule of law with Chinese characteristics,this paper attempts to provides a useful inspriation for the layout of the "comprehensive promotion of the rule of law'in the "four comprehensive"layout. |
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