Development viewpoint document
The Third Plenary Session of the 16th CPC Central Committee pointed out that Scientific Outlook on Development should adhere to the people-oriented principle, establish a comprehensive, coordinated and sustainable development concept, and promote the all-round development of economy, society and people. Objectively speaking, the birth of Scientific Outlook on Development is a strategic adjustment made in response to the realistic scene expectation of "people-oriented" and "harmonious and orderly" society when the "GTP Center" model of "eating ancestral rice and cutting off the road for future generations" was limited to the edge of arduous journey for half a century. In this sense, Scientific Outlook on Development can no longer be an empty slogan at the political level, but needs specific institutionalized practical arrangements. In view of this, this paper will discuss this issue from the perspective of sociology of law. First, the "people-oriented" choice of "rule of law" The so-called "people-oriented" means people-oriented, people-oriented, and the ultimate goal is to promote people's all-round development. Speaking of "people-oriented", people's usual psychological hopes are "people-friendly emperor", "people-friendly prime minister" and "people-friendly official", which is the result of the excessive expansion of centralized official culture for a long time. Under the premise of "rule by man", almost everything in this social scene is handed over to "those in power", and people can't get the right space or even obstacles for the system to restrain their power. In fact, no matter what the logical starting point of the literal hypothesis is, it is inevitable that the shadow of "rule by man" will fool and block individual humanity. The "Golden Harvest Incident" that caused an uproar in the whole country some time ago is a classic material for realistic reflection. In the eyes of most people in Jiahe County, Hunan Province, Zhou is a once-in-a-century "good secretary". Fortunately, the secretary of the county party Committee was resolute and spared no effort to "change the face of Jiahe" and was known as the "secretary of box rice". The best secretary, however, became the "most failed party member" because of the forced demolition of "Zhuquan Trade City". The reason is that when the "Zhuquan Trade City" was demolished, the national law ignored violence to stop news reports, arbitrarily arrested "those who refused to demolish", implicated innocent workers, and even said, "Whoever affects Jiahe's development for a while, I will affect him for a lifetime!" Finally, he was identified as "abuse of power, violation of laws and regulations, endangering the masses" and resigned until he was removed from office. Zhou said to himself in the "Three Kingdoms" ... improper use of power will hurt the masses and even cause disastrous consequences. Therefore, the government must change its functions and act in strict accordance with laws and procedures. ..... My achievements in Jiahe County were seen by the masses and kept in mind, which made my prestige higher and higher, and I became more and more confident in my decision-making ability. Driven by this self-confidence, I neglected the investigation and study, forgot the mass line, put trust above the masses, and made decisions based on enthusiasm, so that many illegal' passionate decisions' appeared in the study of Zhuquan Trade City. [1] "Zhou's introspective confession briefly analyzes the crux of the incident and deserves our further attention. Another cognitive philosophy of "cybernetics" and "development view" reflected from this: "people-oriented" development view fundamentally excludes this governance model focusing on inherent and uncontrollable unexpected risks. As early as more than 20 years ago, Deng Xiaoping put forward: "The basic goal of political system reform ... is to combine democracy with the rule of law." [2] 1997, the 15th National Congress of the Communist Party of China clearly put forward the general plan of "ruling the country according to law". From 65438 to 0999, the rule of law was incorporated into the Constitution. The amendment to the Constitution of the Second Session of the Ninth National People's Congress stipulated: "Governing the country according to law and building a socialist country ruled by law." It can be seen that the road of "rule of law" in new China has a long history. Pursuing "rule by man" and catering to "rule by law" is not a trend, but an objective choice in the process of social, economic, political and cultural modernization in China. Because the rule of law depends on the public authority of law, this universal, stable and clear social norm, rather than personality authority, privilege majesty and affection, can automatically eliminate or resist the infringement of contingency, arbitrariness and privilege in regulating the development of society to a high level, so that society can form a highly stable and orderly order and state in the benign movement of strict standardization and institutionalization; The ultimate pursuit of the rule of law is to maximize the protection of human freedom and dignity, so that people have absolute power, independent of class or country, and design a free and caring lifestyle. In this sense, the rule of law is the institutional premise of social development towards "people-oriented". Second, the order basis of "social harmony" Social harmony refers to the mutual coordination and promotion of economic, political and cultural aspects of society, which ultimately leads to the all-round development of people. From the perspective of sociology, the interaction and coordination among various elements or subsystems in the social system is the dynamic mechanism towards the goal of unified development. It is true that all forms of social systems are composed of three basic fields: economy, politics and culture. In the ultimate sense, these three fields are the results of specific economic system, moral system, legal system, religious system and so on. Therefore, if a certain modernization model requires the all-round promotion of social economy, politics and culture, its essence is to maintain the modernization process of the specific system of economy, morality, law and religion. It is concluded that the balanced interaction (systematization) of various specific systems at a certain stage is the realistic basis and deep guarantee for the comprehensive and coordinated development of this society. Different from the religious philosophy background of western liberalism, the Chinese nation regarded moral education as a necessary means of political struggle as early as the 26th century BC, so as to integrate and assimilate other groups and achieve the goal of stabilizing people's hearts and consolidating unity. In the long-term feudal society, the rulers have always taken morality, being close to the people, stopping at perfection, and respecting things, knowing, being honest, being honest, cultivating self-cultivation, keeping the family in order, governing the country and leveling the world as their educational purposes. So far, the traces of this kind of education are still obvious. However, profound social changes, especially the establishment of market economy, have promoted the differentiation and diversification of social value subjects. For thousands of years, the single social interest subject structure with family ethics as the core has rapidly divided, while the multi-interest subject structure with the premise of recognizing the rationality of individual interests has rapidly formed in social China. Therefore, the basic point of order construction: from identity relationship to contractual relationship, the Confucian patriarchal clan system based on the principle of single interest has to withdraw from the main battlefield of game society after more than 2,000 years, and be replaced by a legal system that can straighten out complex social relations. It can be seen that history and reality have not integrated the western "Christian civilization" into China society. As the main code of conduct for adjusting social relations, only morality and law have gained absolute living space. However, when we undoubtedly talk about "market economy is an economy ruled by law" today, we must point out that law is not the "lifeline" of market economy, and the ideal world cannot be realized by "legal means" alone. First of all, the law is lagging behind. The law can only adjust the existing conflicts of interest mechanically, but not improvise. Secondly, the law is closed. Legal provisions can only regulate recorded behaviors, but not unlisted behaviors. Third, the law is dependent. The effectiveness of legal norms depends on the perfection of judicature, law enforcement, law-abiding and legislation. Once a link is missing, the legal effect is useless. Finally, the law is rigid. The law can only coldly interfere with people's external behavior, but can't take into account people's colorful inner world, including motives and thoughts. Therefore, it is impossible for the law to cover all the interests and contradictions in market economic activities. The confusion caused by the functional defects of the legal nature and the corresponding stumbling block to legal regulation depend on the law itself.