20 17 2000 words "on the socialist concept of rule of law and its practical significance"
Abstract: the concept of socialist rule of law is the guiding ideology and spiritual motivation that runs through the whole field of socialist rule of law construction. As a product of the combination of the concept of rule of law and the socialist reality in China, the socialist concept of rule of law is targeted. At present, there is no unified understanding of the definition of the concept of socialist rule of law in academic circles. Therefore, this paper attempts to deepen the understanding of the connotation of the concept of socialist rule of law and explore the practical significance of the concept of socialist rule of law in the construction of socialist rule of law.
Keywords: concept of rule of law; Socialist concept of rule of law; Practical significance
First, the connotation of the concept of socialist rule of law
The socialist concept of rule of law is the product of the combination of the concept of rule of law and the socialist reality in China. A deep understanding of its concept is helpful to promote the process of socialist rule of law construction. At present, the academic understanding of its concept mainly focuses on the following points.
First, the concept of socialist rule of law is a collection of a series of thoughts, beliefs, ideals and values that reflect the inherent requirements of socialist rule of law, and it is the fundamental policy and principle to guide and adjust socialist legislation, law enforcement, judicature, law-abiding and legal supervision.
Secondly, the concept of socialist rule of law is the understanding and expression of the essence and elements of the ideal state of socialist rule of law, and it is the spiritual paradigm that leads and guides people to engage in the practice of socialist rule of law.
Third, the concept of socialist rule of law is a collection of people's ideals, beliefs and value judgments on socialist rule of law, an overall understanding and macro grasp of legal phenomena such as the nature, function, inevitable mode, system design, organization and actual operation of socialist rule of law, and a basic principle to guide the construction of socialist legal system and promote the practice of socialist rule of law.
Different scholars have expounded the concept of socialist rule of law from different angles, which generally includes four aspects: First, the knowledge level. It reflects people's understanding and understanding of socialist laws and legal phenomena. The second is the emotional level. Refers to people's attitude towards the socialist legal system and the practice of the rule of law and their value judgments, whether they are positive or negative, whether they agree or disagree. The third is the level of will. It mainly refers to whether people have the will to abide by the legal system and whether they have developed the ideology and behavior habits of strictly abiding by the law and doing things according to law. The fourth is the belief level. It refers to whether people have established a clear and firm belief, persistence and pursuit of the rule of law and law. These four levels are interrelated and influence each other.
Second, the concept of socialist rule of law is targeted.
(A) the concept of rule by man and opposition to feudal autocracy
In China's long feudal and semi-feudal society, China mainly pursued the concept of rule by man and autocracy, with the divine right of monarchy, autocracy and power above the law as the core, emphasizing national supremacy, monarch standard and official standard, ignoring personal interests and rights; Advocate heavy punishment, implement heavy punishment and heavy law, and ignore the objective existence and function of law.
(2) the opposition party and the state? Left? Political concept of
Party and country? Left? First, emphasize the role of class struggle, rely on mass movements to solve social contradictions, and ignore legal procedures; Simply regard the political and legal organs as tools of class struggle and proletarian dictatorship, attach importance to the coercive and punitive functions of the law, and ignore its function of safeguarding human rights; Presumption of guilt, preconceived, please other evidence; Value entity over procedure. Second, the privileged thinking of leaders is above the law and legal organs, ignoring the restriction and supervision of the law and taking the law as a reference. When personal will conflicts with the law, the law is often replaced by power and abolished by words. Even in the later period, there is still personality cult and? Two whatevers? A false claim. ? Left? This dislocation has caused serious losses to the party and the country.
(C) the concept of capitalist rule of law
The socialist concept of rule of law is aimed at the western concept of rule of law. Modern rule of law originated in the west, and the western concept of rule of law has certain historical and progressive civilization significance, for example, advocating the rule of law, equality before the law, freedom of contract, recognizing the fruits of private labor and protecting private property. The socialist concept of rule of law put forward by the Central Committee is the product of combining the basic theory of Marxist law with the practice of rule of law in China, which further enriches the connotation of the strategy of governing the country according to law and marks the further deepening of the understanding of the rule of law in Socialism with Chinese characteristics and the ruling law of the * * * production party in China.
Third, the practical significance of establishing the concept of socialist rule of law
(A) the concept of socialist rule of law is of guiding significance to the construction of socialist rule of law.
The construction of rule of law includes two levels: concept and system. Building a socialist building ruled by law must be supported by ideas. Without correct ideas, or unclear ideas and inaccurate positioning, the legal system will be disordered, and even the best legal system will become worthless or ineffective, and even there will be laws that cannot be ruled and laws that are meaningless. Therefore, to promote the socialist rule of law, we should not only pay attention to the construction of the legal system, but also pay attention to the exploration, cultivation and development of the concept of the rule of law. These two aspects are indispensable.
The construction of socialist rule of law must be guided by the concept of socialist rule of law and promoted under its guidance. The guiding significance of the concept of socialist rule of law to the construction of socialist rule of law is mainly reflected in the following three aspects. First, the concept of socialist rule of law has deepened the basic strategy of governing the country according to law. Governing the country according to law, as a basic strategy of governing the country, must be embodied in several concepts before it can be accepted by the broad masses of the people and put into practice. Second, the concept of socialist rule of law embodies the core content of legal consciousness. The popularization and deepening of the concept of rule of law will certainly enhance the legal awareness of the whole society at a higher level. Third, the socialist concept of rule of law promotes the continuous improvement of the legal system. Only by guiding the future legislation with the concept of socialist rule of law, examining the existing legislation and speeding up the process of legal system construction and improvement can we ensure the continuous development of the whole legal system until it is relatively complete and complete.
(2) The socialist concept of rule of law has broken the western discourse power on the concept of rule of law.
The concept of socialist rule of law is the latest achievement of Marxism in China, and it is also the action guide for building a socialist country ruled by law. What is a socialist country ruled by law? 、? How to build a socialist country ruled by law? This major theoretical and practical issue marks the profound grasp of the rule of law in Socialism with Chinese characteristics by the Party and the state.
Hu Jintao's socialist concept of rule of law has distinct realistic pertinence, one of which is aimed at capitalist concept of rule of law. To implement the 17th National Congress of the Communist Party of China? Establish the concept of socialist rule of law? The Political and Legal Committee of the Central Committee, together with the relevant leading departments of the Central Committee, organized and compiled a Reading Book on the Concept of Socialist Rule of Law, which systematically expounded the basic theory, content and requirements of the concept of socialist rule of law, which has great theoretical and practical significance. It means that China already has a rigorous, scientific and systematic theory of Socialism with Chinese characteristics's rule of law, and has its own discourse system, thus breaking the western discourse hegemony in the concept of rule of law.
(C) the concept of socialist rule of law is the premise and foundation of building a harmonious socialist society.
What does a harmonious socialist society include? Democracy and the rule of law, fairness and justice, honesty and friendship, vitality, stability and order, and harmony between man and nature? Six aspects, and put democracy and the rule of law in the first place in a harmonious society. A harmonious socialist society needs to embody the essence of the socialist concept of rule of law, and it must be a society that stresses the rule of law. The socialist concept of rule of law is a powerful ideological weapon to guide the scientific development of political and legal work under the guidance of Scientific Outlook on Development. Practicing Scientific Outlook on Development hard and creating a good legal environment for building a harmonious socialist society is a concrete embodiment of governing the country according to law and further serving the overall situation.
Only by firmly establishing the concept of socialist rule of law in China can we promote the construction of a harmonious socialist society and provide a strong guarantee for the construction of a harmonious society. The political life, economic life, human and natural life of socialist harmonious society must fully embody the essence of socialist rule of law on the basis of democracy and rule of law, think about problems with the concept of socialist rule of law, correctly exercise administrative power and judicial power, prevent the abuse and out of control of public rights, and fully implement socialist democracy and rule of law in the practice of building a socialist harmonious society.
(D) The concept of socialist rule of law has further enriched and developed Socialism with Chinese characteristics Theory.
Socialism with Chinese characteristics's theoretical system includes Deng Xiaoping Theory and Theory of Three Represents? Important thoughts and Scientific Outlook on Development's scientific theoretical system. This theoretical system is the precious spiritual and political wealth of China's * * * production party and the ideological basis for China's * * * production party to lead the people to unite and struggle. Among them, an important part of this theoretical system also includes the strategic thinking on the construction of the rule of law.
The concept of socialist rule of law enriches and develops the theory of socialist democracy and rule of law from five aspects: ruling the country according to law, enforcing the law for the people, fairness and justice, serving the overall situation and the leadership of the party. It is the product of combining Marxist jurisprudence with the practice of legal system construction in contemporary China, and it is a major theoretical innovation of our party on the road of building a socialist country ruled by law. It marks the further deepening of the CPC Central Committee's understanding of the ruling law of the productive forces party, the development law of socialist rule of law and the construction law of a socialist country ruled by law, and also enriches and develops Socialism with Chinese characteristics Theory.
References:
Zhang Wenxian. Introduction to the concept of socialist rule of law [J]. Jilin: jurist .2006.5.
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