How to understand and stick to the road of rule of law construction in Socialism with Chinese characteristics Abstract: To explore the road of rule of law construction in China, the starting point must be based on the actual national conditions in China and the rule of law with China characteristics must be built. Therefore, we must adhere to and improve the party's leadership under the guidance of Marx's main fork thought and correctly handle the relationship between the party's leadership and the socialist rule of law; We must improve the democratic consciousness of the whole nation, expand democratic rights, show the supremacy of law and cast the spirit of rule of law; We must improve the system of power restriction and democratic supervision; We must combine "ruling the country by law" with "ruling the country by virtue"; Draw lessons from the experience of western methods with universal value and speed up the legislative process. Keywords: China characteristics; Construction of rule of law; Socialist rule of law; The supremacy of law; The 16th National Congress of the Communist Party of China put forward: "Continue to actively and steadily promote the reform of the political system, expand socialist democracy, improve the socialist legal system and build a socialist country ruled by law." It has been recognized that there is no socialism without the rule of law in China today. After the reform and opening up, with the rapid development of society, the establishment of a country ruled by law has already had an economic, political and cultural foundation, so the construction of the rule of law has been put on the historical agenda. The so-called abstraction of the rule of law shows that it overemphasizes the generality and * * * of the rule of law, while positioning the generality and * * * of the rule of law above the western concept of the rule of law. Therefore, how to build the rule of law in China is a problem that needs to be discussed in depth. To explore the road of rule of law construction in China, we should follow a basic principle, that is, we must proceed from the actual national conditions of China. On the issue of the rule of law, there are two main national conditions that need attention: First, China is a socialist country, Marxism is the guiding ideology of China's socialist construction, and the China * * * production party is the leading core of China's socialist construction; Secondly, due to the relatively backward economy and culture and the lack of traditional legal culture, the atmosphere of rule of law in China society is not strong, which is an unavoidable reality for us to build a society ruled by law. Therefore, the road of rule of law construction in China must be different from other countries, in other words, we must take the road of socialist rule of law construction with China characteristics. First, to build the rule of law in Socialism with Chinese characteristics, we must adhere to the guidance of Marxism, uphold and improve the party's leadership, and correctly handle the relationship between the party's leadership and the socialist rule of law. China is a socialist country, Marxism is the dominant ideology, and China's * * * Production Party is the leading core of socialist construction. Therefore, we must unswervingly adhere to the guidance of Marxism and the leadership of China's * * * production party in the whole construction of the rule of law, which is the basic difference between China and the western construction of the rule of law. At the same time, the supremacy of law is the most basic value and concept in the construction of the rule of law. Without the supremacy of law, the rule of law can only be a fantasy. Therefore, correctly handling the relationship between upholding the party's leadership and upholding the supremacy of law has become an unavoidable problem in the construction of the rule of law. To this end: first, the construction of socialist rule of law must adhere to the leadership of the party, which is the essential requirement of the rule of law. Historically, capitalism has established a relatively complete country ruled by law, but the class nature of its legal system determines the capitalist nature of its rule of law. As a socialist country, the leadership of the Party is the fundamental political guarantee for China to build a country ruled by law higher than capitalism. On the other hand, western countries have experienced the development of commodity economy and market economy for hundreds of years, which has spawned a developed "civil society". With civil society as the leading force, the rule of law in the west is improving day by day through natural evolution. Due to the underdeveloped market economy, China failed to form a strong civil society. Therefore, the rule of law in China cannot wait for the spontaneous development of market economy and civil society. In the construction of the rule of law in China, the historical initiative will be very prominent, and consciously carrying out the construction of the rule of law under the leadership of the Party is a clear manifestation of the historical initiative. Second, the construction of socialist rule of law must improve the party's leadership. The reason why the Party's leadership must be improved is because some people have long regarded the Party's leadership as "the Party does everything" and "the power of the Party is higher than the power of the law", so that the relationship between the Party's leadership and the supremacy of the law has not been straightened out. As some scholars have pointed out, there are the following problems in the relationship between the party and the law: "1, there is a serious separation between the party and the law, and many party organizations directly command the legal organs. To a large extent, it directly exercises the functions and powers of state organs. 2. Interference with the judicial organs' independent exercise of procuratorial power and judicial power according to law. Because the party Committee directly intervenes in handling legal issues, it is easy to interfere with judicial independence. 3. It is not conducive to the mutual restraint and cooperation of judicial organs. 4. It is not conducive to establishing the authority of law and cultivating people's legal concepts. "[1] Therefore, in the process of building the socialist rule of law, we must govern the country according to law, improve the party's leadership, overcome the practice of the party doing whatever it wants, change the concept that the party's power is higher than legal power, and firmly establish the consciousness that the party's leadership is political leadership, organizational leadership and ideological leadership. Third, to build a socialist rule of law, we must straighten out the relationship between the party's leadership and the Constitution and laws. In socialist China, all power belongs to the people. Power belongs to the people, both legally and under the leadership of the party. The constitution and laws are formulated by the people's congress, which embodies the fundamental will of the people. The party is the representative of the fundamental interests of the people, and its highest purpose is that the interests of the people are above everything else. Therefore, governing the country according to law and upholding the party's leadership are by no means inconsistent, but consistent. Whether the Party represents the fundamental interests of the people is very important whether it can act within the scope of the Constitution and laws (that is, the people's will). If it goes beyond the Constitution and laws, it will deviate from the will of the people and lose the qualification to represent the fundamental interests of the people. 1982 the constitution of People's Republic of China (PRC) stipulates that the party must act within the scope of the constitution and laws. The 15th National Congress of the Communist Party of China reiterated this fundamental principle, pointing out: "We should uphold the dignity of the Constitution and the law, and insist that everyone is equal before the law. No one or organization has the privilege beyond the law. "This shows that the party's organizations at all levels cannot override the Constitution and laws. The party's resolution policies must conform to the provisions of the Constitution and laws, and the party's resolution policies can never replace the Constitution and laws. Second, to build the rule of law in Socialism with Chinese characteristics, we must strengthen democratic awareness, expand democratic rights, highlight the supremacy of law, and cast the spirit of the rule of law. Building a country ruled by law has its deepest roots in the people. Without raising the legal awareness of the whole nation and expanding the people's democratic rights, the construction of the rule of law will inevitably become passive water and a tree without roots. In the construction of the rule of law in China, a factor that cannot be ignored is that people's legal consciousness is still quite weak, which makes the construction of the rule of law both necessary and arduous. Due to the differences in cultural traditions between China and the West, and because China has not experienced the stage of full development of capitalism, the concept of rule of law between China and the West is quite different. China people's law is indifferent, while westerners' law is supreme. China people regard law as a tool to govern people, while westerners regard law as a tool to safeguard rights. China people ignore the law and are afraid of litigation, while westerners value the law and like litigation. Historically, the people of China expected "honesty and integrity". Even in modern times, when China people encounter difficulties, they often think of looking for the government instead of going to court. Therefore, "Petition" has become a unique landscape in China for many years. The spirit of rule of law is the soul of rule of law construction. Due to the lack of the spirit of the rule of law, the construction of the rule of law in China seems to be struggling. As early as before the founding of New China, some scholars pointed out: "The spirit of the rule of law is another factor to realize the rule of law. The spirit of the rule of law is the courage and perseverance to respect and support the law. Assuming that everyone has such courage and perseverance, after a considerable period of time, an atmosphere can be formed. Atmosphere for a long time, it will become a habit. As long as this habit is not developed, the realization of the rule of law will be unreliable. The real rule of law is conditional on this habit. " After the baptism of New China for more than half a century, the legal awareness of China people has certainly improved, but there is still a long way to go to build a real society ruled by law. Therefore, educating the general public in China, expanding democratic rights, raising democratic awareness, highlighting the supremacy of law, shaping the spirit of the rule of law, and mobilizing the people to actively participate in the construction of the rule of law will become an indispensable social resource and a powerful source of strength for the construction of the rule of law in Socialism with Chinese characteristics. Third, to build the rule of law in Socialism with Chinese characteristics, we must improve the system of power restriction and democratic supervision. The effective restriction and supervision of power is the basic symbol of the rule of law. On the contrary, unrestricted power and supervision are symbols of the rule of man. China is a socialist country. We can't copy the western "separation of powers" system. However, it is necessary to establish the concept and spirit of the rule of law to restrict and supervise power, and to establish and improve the restriction and supervision mechanism in line with China's reality. After the reform and opening up, China has established a democratic supervision and power restriction mechanism, but it is still far from perfect, mainly because the government's power has not been effectively restricted and supervised. In practice, the government abuses power from time to time, and corruption also breeds and spreads. As some scholars have pointed out: "It is important that the power of the government should also be restricted by law, which is the essence of the rule of law." The traditional rule of society by people is not that there is no legal system and legal system, but that "punishment is not as good as medicine", and law is only a tool for rulers to govern the people. In a society ruled by law, everyone is equal before the law. The most important thing is not the equality between people, but the equality between people and officials, so the government must be bound by law. The report of the 16th National Congress of the Communist Party of China clearly pointed out: "Establish a power operation mechanism with reasonable structure, scientific allocation, strict procedures and effective system, strengthen the supervision of power from the aspects of decision-making and implementation, and ensure that the power entrusted by the people is really used for the benefit of the people. Focus on strengthening the supervision of leading cadres, especially leading cadres, and strengthen the supervision of the management and use of people and property. Strengthen the internal supervision of the leading bodies and improve the decision-making procedures for major issues and the appointment and removal of important cadres. Reform and improve the party's disciplinary procuratorial system and establish and improve the inspection system. Give full play to the role of judicial organs, administrative supervision, auditing and other functional departments, implement various forms of leading cadres' debriefing and honesty, and improve the reporting system, inquiry system and democratic appraisal system for major issues. Conscientiously implement the system of making government affairs public. Strengthen organizational supervision and democratic supervision and give play to the role of public opinion supervision. "This is not only a reflection on the imperfection of China's power restriction and supervision mechanism, but also a positive response to improving China's power restriction and supervision mechanism. In other words, it is a reflection on the reality (that is, the status quo) of the rule of law construction in China, and also the orientation (that is, the direction) of the rule of law construction in China, so it is of guiding significance to the rule of law construction in China.