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The Legal Logic Of Chinese Communist Party Governing By Law

Posted on:2023-09-27Degree:MasterType:Thesis
Country:ChinaCandidate:X Y SuFull Text:PDF
GTID:2556306623466374Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Governing by law is the basic way of governing of the Communist Party of China.The correct interpretation of the legal logic of governing by law,the scientific interpretation of the basic connotation of governing by law,and the accurate grasp of the realization path of governing by law are the realistic tasks we are facing.Governing by law is the manifestation of the rule of law in party politics: governing by law is an objective requirement for the transformation of the revolutionary party into the ruling party,a realistic need for the ruling party to adapt to social development,and a historical necessity for the ruling party to promote the development of the rule of law,and the state of the CPC governing by law affects the success or failure of the cause of building the rule of law in China.From the perspective of history,it is the fine tradition and political advantage of the CPC to be good at summarizing historical experience.Looking back at the century-long development of the CPC,we can find that the Party has established governing by law as the basic way of the Party on the basis of constantly exploring the laws of governing and summarizing its governing experience.The CPC’s exploration and practice of governing by law has always followed the basic principle of strengthening and perfecting the Party’s leadership,providing the institutional basis for governing by law by constantly improving the legal system and the Party’s rule system,and incorporating governing by law into the work layout of the comprehensive rule of law in the new era,entering a stage of joint promotion with administration by law.From the point of view of system logic,governing by law is not only a jurisprudential issue,but also a political issue.Governing by law is an activity between the state and society,which is used to connect the two.Governing by law does not become a problem in the context of the separation of state and society in the West.In contemporary China,the significance of discussing governing by law is more prominent because of the blurred boundaries between political parties,society and the state.The Chinese Communist Party must take constitutional politics as a prerequisite and condition,and needs to address the difficult issues of separating the ruling party from the state,adjusting its status,and switching from political to legal thinking.In this process,the basic goal of governing by law can only be achieved with the establishment of a complete legal system and a system of party regulations.From the perspective of practical logic,ruling by law is an essential key link to promote the modernization of state governance,and is the cornerstone of building the road of socialist rule of law with Chinese characteristics.With an eye on the future,how to consolidate the Party’s leadership and ruling position by making better use of the rule of law thinking and the rule of law under the guidance of Xi Jinping Thought on the Rule of Law,establish an institutionalized and rule of law theoretical system of ruling power with comprehensive coverage,coordination and unity,smooth operation and strict structure,and then integrate it into the process of building China under the rule of law and modernizing national governance,so that it can become a common theoretical interpretation tool,will It is an important issue that cannot be ignored in legal research.
Keywords/Search Tags:rule by law, historical logic, institutional logic, practical logic
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