Building a socialist legal system with China characteristics.
1. The content of the construction of the rule of law system in Socialism with Chinese characteristics
(1) A complete system of legal norms
A complete system of legal norms is the premise of Socialism with Chinese characteristics's rule of law system and the institutional basis of a country, a government and a society ruled by law.
A complete legal norm system is a legal norm system with the Constitution as the core, which is composed of complete departments, rigorous structure, internal coordination, scientific style and effective adjustment of laws and their supporting regulations.
(2) Efficient implementation system of the rule of law
Building an efficient implementation system of the rule of law is the focus of building the rule of law system in Socialism with Chinese characteristics.
(3) Strict supervision system of rule of law
The strict supervision system under the rule of law refers to an effective supervision network under the rule of law, focusing on standardizing and restraining public power.
(4) Strong legal guarantee system.
A strong guarantee system for the rule of law is an important support for comprehensively governing the country according to law.
(5) Improve the system of laws and regulations within the Party.
A perfect inner-party legal system refers to a scientific, strict, complete and effective inner-party system and its operation and guarantee system.
2. The basic pattern of governing the country according to law in an all-round way
The 16-character policy of "scientific legislation, strict law enforcement, fair justice and law-abiding for the whole people" shows the basic pattern of governing the country in an all-round way according to law.
Adhere to the rule of law in Socialism with Chinese characteristics.
1. Adhere to the leadership of the China * * * production party.
The leadership of the Party is the most essential feature of Socialism with Chinese characteristics and the most fundamental guarantee of socialist rule of law.
2. Adhere to the people's dominant position
In a socialist country ruled by law, the people are the main body and source of strength for governing the country according to law, and upholding the people's dominant position is the basic principle for governing the country according to law.
3. Adhere to equality before the law.
Equality is the basic attribute of socialist law and the basic requirement of socialist rule of law. Adhering to equality before the law is of great significance for adhering to the road of socialist rule of law.
Adhere to equality before the law, and require citizens to enjoy their civil rights and perform their civil obligations equally regardless of nationality, race, sex, occupation, family background, religious belief, education level, property status and residence period.
Adhere to equality before the law and resolutely oppose privileged thoughts and privileged phenomena.
4. Adhere to the combination of ruling the country by law and ruling the country by virtue.
Rule by law and rule by virtue are two indispensable ways to govern the country. Ignore any one of them, it is difficult to achieve long-term stability of the country. Only when the rule of law and the rule of virtue work together can law and morality complement each other, and the rule of law and the rule of virtue complement each other, and the law can safeguard the world and people's hearts.
1 correctly understand the status of rule of law and rule of virtue. 2. Correctly understand the role of rule of law and rule of virtue. 3. Correctly understand the way to realize the rule of law and the rule of virtue. Promote the mutual promotion of the rule of law and the rule of virtue.
5. Insist on proceeding from the reality of China.
What kind of rule of law road to take and what kind of rule of law system to build are determined by a country's basic national conditions. Proceeding from the reality of our country does not mean that the rule of law is implemented behind closed doors. To adhere to the road of rule of law in Socialism with Chinese characteristics, we must learn from the outstanding achievements of the world's rule of law civilization.
05 Cultivate Socialist Thought of Rule of Law
1. Legal thinking and its connotation
(1) The meaning and characteristics of the rule of law.
Thinking under the rule of law refers to the way of thinking that takes the value and spirit of the rule of law as the guidance and uses legal principles, rules and methods to think and deal with problems. The rule of law thinking includes the following meanings:
First, the rule of law thinking is guided by the value and spirit of the rule of law, which contains the concepts of fairness, equality, democracy and human rights, and is a legitimate thinking;
Second, the rule of law thinking is a normative thinking, which guides people's social behavior based on legal principles and rules.
Thirdly, the rule of law thinking is a reliable logical thinking, which relies on legal means and methods to analyze, deal with and solve problems.
Fourth, the rule of law thinking is a scientific thinking that conforms to the law and respects facts.
(2) the basic content of the rule of law thinking
The thinking of rule of law is rich in connotation and broad in extension, which can be interpreted differently from different angles. The rule of law thinking is mainly manifested in two aspects: value orientation and rule consciousness. Value orientation refers to how to look at and treat the law, and rule consciousness refers to how individuals look at and treat their relationship with the law.
Generally speaking, the rule of law thinking includes the supremacy of law, power restriction, fairness and justice, human rights protection, due process and so on.
2. Respect and maintain legal authority
The meaning of (1) legal authority
Legal authority refers to the strength, influence and credibility of law in social life, and it is the dignity and life that law should have. Whether the law has authority depends on four basic elements:
First, the position and role of law in the national and social governance system. Only when the law plays a leading role and plays a decisive role will the law have authority;
The second is the scientific degree of the law itself. Law has authority only if it embodies objective laws and human rationality;
Third, the degree of implementation of the law in practice. Only when the law is strictly implemented and followed in practice can the law have authority;
The fourth is the degree to which the law is respected or believed by members of society. Only when the law reflects the people's consent and sincerely believes in the people can the law have authority.
(2) The importance of respecting and maintaining legal authority.
All members of society respect the authority of socialist law, which is not only the basic premise and requirement to ensure the law to play its role, but also the bottom line and red line to ensure personal peace and happiness. Respecting and maintaining legal authority is very important for comprehensively governing the country according to law.
The core requirement of socialist concept of rule of law and thinking of rule of law is the premise of building a socialist country ruled by law. It is extremely important to promote the modernization of the national governance system and governance capacity and realize the long-term stability of the country. Basic ways to realize people's will, safeguard people's interests and safeguard people's rights. The fundamental guarantee for safeguarding the legitimate rights and interests of individuals.
(3) Basic requirements for respecting and maintaining legal authority
The people are the masters of the country and the builders and defenders of a country ruled by law. Respecting legal authority is their legal obligation and basic quality.
The basic requirements of respecting legal authority are mainly in the following four aspects: believing in the law. Obey the law. Obey the law. Uphold the law.
3. Cultivate the rule of law thinking
1 Learn legal knowledge. Master legal methods. 3. Participate in legal practice. 4 Develop law-abiding habits. 5 keep the legal bottom line.
Exercising rights and fulfilling obligations according to law
1. The meaning and characteristics of legal rights
Legal rights refer to the freedom of behavior restricted by certain social material living conditions, which is a legal means for the right holder to satisfy his own interests and is guaranteed by the legal obligations of others.
Legal right is a very important right among all kinds of rights, which has the following four characteristics.
1 The content, types and degree of realization of legal rights are restricted by social and material living conditions. Due to the differences between social system and national laws, the content, distribution and realization of legal rights are different. Legal rights are not only stipulated or recognized by law, but also protected or guaranteed by law and are inviolable. Legal rights must be exercised according to law, not through proper means.
2. The meaning and characteristics of legal obligations
Legal obligation refers to the social responsibility restricted by certain social material living conditions, and it is a legal means to ensure that the obligor should do something or not according to the requirements of the obligee to meet the interests of the obligee.
The legal obligation of 1 is historical. 2. The legal obligation stems from the actual needs. 3 legal obligations must be set according to law. Legal obligations may change.
3. The relationship between legal rights and legal obligations
1 Legal rights and legal obligations are inseparable and interdependent. 2. Legal rights and legal obligations are equal. 3 mutual benefit and win-win.
4. Basic rights stipulated by the Constitution and laws of our country
According to the Constitution of China, citizens enjoy a series of rights, including political rights, personal rights, property rights, social and economic rights, religious beliefs and cultural rights.
1 political rights. Political rights refer to the rights and freedoms of citizens to participate in national political activities.
2 individual rights. Personal rights refer to citizens' right not to be illegally violated, which is the basis for citizens to participate in the political, economic and social life of the country and an important content of civil rights.
3 property rights. Property right refers to the right of citizens, legal persons or other organizations to obtain property through labor or other legal means and enjoy possession, use, income and disposal of the property.
4. Social and economic rights. Social and economic rights refer to citizens' request that the state take active measures to intervene in social and economic life, strengthen social construction and provide social services according to the social and economic development, so as to promote citizens' freedom and happiness and guarantee citizens' right to live a healthy and dignified life.
Religious belief and cultural rights. It refers to the general term of freedom and rights related to religious belief activities and cultural life enjoyed by citizens according to law, mainly including freedom of religious belief, cultural and educational rights, etc.
5. The boundaries of exercising legal rights
To exercise legal rights according to law requires citizens to exercise their rights strictly according to law, with the relevant provisions of the law as the boundary. Exceeding this limit may infringe upon the rights of others or harm the interests of the country and society.
1 Purpose of exercising rights. 2. Restrictions on the exercise of rights. 3 ways to exercise rights. 4. Procedures for exercising rights.
6. Basic legal obligations that citizens should perform.
1 the obligation to safeguard national unity and national unity. 2. Abide by the Constitution and laws. The obligation to safeguard the security, honor and interests of the motherland. 4. Obligation to perform military service according to law. 5. Obligation to pay taxes according to law.
7. Legal liability for violating legal obligations.
Legal liability includes civil liability, administrative liability and criminal liability.
Civil liability refers to a kind of legal liability arising from violation of civil law, contract or civil law. Administrative responsibility refers to the responsibility that should be borne because of violation of administrative law or because of administrative law provisions.
Criminal responsibility refers to the negative legal consequences that the perpetrator must bear because of his criminal behavior, which is determined by the state judicial organs on behalf of the state according to law.