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Research On Constructional Path Of Society With Rule Of Law

Posted on:2017-12-09Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y ZhangFull Text:PDF
GTID:2336330488973814Subject:legal
Abstract/Summary:PDF Full Text Request
The authority of law is derived from people's inner support and sincere faith. The forth Plenary Session of the 18th Central Committee of the Chinese Party conducts emphasizes that "enhance the legal concept of all the people and promote the construction of society with rule of law" and comprehensive deployment on the overall promotion of rule of law and construction of socialist country built on the rule of law. However, the construction of society with rule of law, the building goal of the Integration of China's rule of Law fails to draw the attention of Domestic scholars. The Choices of constructional path to the society with rule of law is not definite yet. In the course of building the society with rule of law, there appears many a problem as follows:first, the current law system is not perfect, which results in no laws to abide by; second, members of the society are lack of awe towards the law with weak awareness of abiding by and utilizing law, which results in failure to abiding by the law; third, the phenomena of judicial unfairness and the lack of independence when trying a case, which results in the law authority being challenged. All these problems seriously affect the construction of society with rule of law. A society with rule of law is the basis of a country with rule of law. Through the development path that the citizens observe and adopt the law and the government and social organizations promote the construction of society with rule of law, a society can be built gradually and then the legalization of national governance and social development can be fulfilled.The construction of society with rule of law is systematic and arduous, and therefore we should not only base on the domestic situation, but also positively use for reference the advanced experience of other countries and regions. Singapore and Hong Kong of China, which boast remarkable achievements in the construction of society with rule of law, have similar cultural background and living habits of social members with China's mainland. Besides, Britain's construction of society with rule of law provide beneficial lesson to the fulfillment of Singapore and Hong Kong's constructions of society with rule of law. As a result, this thesis aims to explore the beneficial lessons through an in-depth analysis on the constructions of society with rule of law in Singapore and Hong Kong, puts forward some improvement suggestions on the building path to the society with a role of law on the basis of systematically analyzing the current state of the building path to China's society with a rule of law.This thesis is composed of three parts, introduction, main body and conclusion. The introduction mainly overviews the research background, home and abroad research status and thesis structure. The main body largely makes an analysis and an argument from three aspects. The first part is an overview of the society with a rule of law, mainly illuminating the nature of the matter of the society with rule of law and the building path. To construct the building path to the society with rule of law, the definition of the society with rule of law should be made clear initially. Scholars hold different opinions all the time towards the definition of the society with rule of law. For the moment, scholars generally elaborate on the society with rule of law from the perspective of the relationship between the society and the nation, which neglect the social level of the rule of law. The author holds that, as for the construction goal of the integration of the country, the government and the society with rule of law, the government and the society with rule of law are two aspects of the country with rule of law. After having a clear understanding of the society with rule of law, an analysis is made on the ideal mode of the society with rule of law namely, state-led building as well as citizens'obedience and adoption of law, and various realization roads of the society with rule of law are pointed out.The second part mainly introduces other areas' experience of the construction of the society with rule of law. The completion of Britain's construction of the society with rule of law is inseparable with the promotion of ruling-by-law thought and the guarantee of constitutional system and judicial independence system. The society with rule of law in Singapore has the following features, improved lay system, supreme judicial authority, strict obedience to law of the citizens, and so on. In addition, the completion of Singapore's Society with rule of law in inseparable with the support of the high-quality civil servants and the promotion of the clean and self-disciplined Party, all of which provide beneficial lesson to China's construction of the society with rule of law. The construction of the society with rule of law in Hong Kong is completed on the basis of the relevant regulations in English Common Law and the realistic conditions of Hong Kong. The building path of the construction of the society with rule of law in Hong Kong is found through a systematic analysis of the construction of a clean government and the judicial system. But lately, the Occupy Central incident and Mong Kok incident in Hong Kong heavily tread the legal system. These incidents indicate that the construction of the society with rule of law should be carried out in an all-rounded way and take various factors into consideration.The last part of this thesis elaborates on the choice-making of China's construction of the society with rule of law. It mainly explained from three perspectives of citizen, government and social organization. From the perspective of the citizen, it should guide them to abide by the law through improving the law and cultivating the awareness of law-abiding. From the perspective of government, to realize the goal of the construction of the society with rule of law in the adoption of law,and therefore it can guide the citizens and the social organizations to adopt law to settle disputes and deal with daily issues through perfecting the law and building a professional team of rule of law.It should play a role in promoting the construction of the society with rule of law through legislation, judiciary and administration. From the perspective of the social organization, it should play the role of linking the government and the citizens, and realize the goal of the construction of the society with rule of law through efficient autonomy within the pale of law.Based on the study of this topic, some problems appeared in the process of the construction of the society with rule of law have been pointed out. According to the real state of China, it should learn from the beneficial lessons of the construction of the society with rule of law abroad and put forward some constructive and creative views on the basis of a deep research on some relevant issues of the construction of the society with rule of law.
Keywords/Search Tags:Society with Rule of Law, Construction, Path Analysis
PDF Full Text Request
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