Research On Absence And Cultivation Of The Leading Cadres' Thinking Of The Rule Of Law

The report to the 18 th national congress of the communist party of china requires that“We should ensure that leading officials are guided by law in both thinking and action in their effort to deepen reform,promote development,solve problems,and maintain stability.”This is the first time the ruling party makes the law in both thinking and action to be the guidelines to action,which reflects the party's era demands to enhance governing ability.Meanwhile,it is the new thinking path,code of conduct and governing requirement about the leading cadres at all levels how to run a country in the new era.It also opens a new time for China's legal construction.The concept of the rule of law thinking is an innovation about the theory on ruling country by law in China,a new development of the socialist idea of the rule of law in the field of administration and a summary and sublimation to the existing rule of law theory in our country.It is also the advanced theory corresponding to China under the rule of law,which is worth being digged deeply.Rule of law thinking emphasizes the change of thought,and highlights the party's attitude toward the idea of the rule of law.It is also the specific requirement being proposed from the ideological level.Rule of law thinking's combining“administrative law theory” with “ruling country by law” constructs a new field about the administrative jurisprudence' study,and it is a new development on the combining of studying jurisprudence and politics.Based on the background of China's rule of law,leading cadres' rule of law thinking cannot form naturally,but a second nature.And the cultivation of legal thinking cannot be achieved overnight,which needs a long and complicated process.The article's research purpose lies in making leading cadres' rule of law thinking is not only a kind of ideal,but a state of real existence by digging into the connotation of the rule of law,which can be used as a basis for analyzing basic conditions of the cultivation of leading cadres' leading thinking.Thesis adapts the method of literature research and case studies.Through consulting domestic and foreign literature,combining actual situations and cases of our country,this dissertation puts forward concept of rule of law and its importance,and concludes the performances of the lack of our leading cadres' legal thinking: deep-rooted rule of man thinking,serious privilege thinking,existence of concept of result supremacy and generally low legal literacy.The reasons for that are these influences of traditional concept of rule of law,traditional legal culture,thought of substantiality overweighing procedure and legal construction.In the end,for the present problems on the leading cadres' rule of law thinking in our country,some measures are put forward: to cultivate the leading cadres' idea of the rule of law;to cultivate legal thinking which includes the thought of law-abiding andlaw-practicing;the thinking of rights which covers respecting and maintaining citizens' rights should be developed;the cultivation of procedural thinking is also essential;forcing the leading cadres to cultivate the rule of law thinking by improving the current legal environment.