National Analysis Of The Rule Of Law In China

Steadily in the system of socialist rule of law with Chinese characteristics in the process of construction,the third plenary session of the eighteenth timely put forward"China" rule of law theory,this is a highly generalization of the rule of law of socialism with Chinese characteristics.Based on 18 series since the party's report,China's rule of law theory has penetration,with the goal of the great rejuvenation of the Chinese nation will embody the Chinese nation great nationality factors penetrate into every aspect of the theory of China,under the rule of law to return to home,back to the connotation of the Chinese nation itself.In this sense,analysis the eighteenth big report content of the party's series,since the Chinese nationality embodied in the history of the kernel gene,for the rule of law in China construction continue to steadily push forward to lay the basis of the practice of more practical.This paper analyzes the nationality of the party's series reports since the 18th party congress:The first part,from the function constitution of China law,the legal system of socialism with Chinese characteristics is discussed,and the stage of formation of the four,respectively is in the early period of the socialist legal system with Chinese characteristics to explore,preliminary formation,basic form and has been formed.On this basis,through discussing the legal system of socialism with Chinese characteristics has been formed to our country economic system reform,political reform,provided by the functional requirements,and reflect on the legal system of socialism with Chinese characteristics in the form of defect,contains the number of lay particular stress on law legislation characteristic,take the form of legal transplantation and pay attention to the legislation of market economy legal system,it is concluded that the legal system of socialism with Chinese characteristics in order to ensure the market economy development as the core of system construction,lay particular stress on economic legislation,does not have the function of the value evaluation of involvement.The second part,from the analysis of the rule of law theory and practice of the Chinese nationality,first of all,on the base of the legal system of socialism with Chinese characteristics has been formed to steadily push forward the system of socialist rule of law with Chinese characteristics,discusses the characteristics of the system of socialist rule of law with Chinese characteristics in different legal systems,it is the advanced stage of the legal system of socialism with Chinese characteristics,the rule of law in China needs not only more mature legal system for the construction of a mature system of rule of law.Second,from the nationality of the Chinese nation should be made based on the concept of "great nation",national and local resources links and differences and nationality generation in history to explore the kernel of the Chinese nation,nationality including traditional governing mode,the traditional way of thinking,and traditional values in three aspects.Finally,from the traditional governance model,traditional thinking mode and traditional values,the article analyzes the national factors reflected in the party series reports since the eighteen major.The third part,starting from the nationality of China under the rule of law,introduced traditional Confucianism and legalists contemporary awareness that new Confucianism,legalism views on construction of China's rule of law theory,to clarify the rule of law embodies nationality the inevitability of China's construction.Finally,the article summarizes the Chinese nationality significance of the rule of law.