Outline of rule of law construction
On the factors restricting the process of rule of law in China. Default classification Author: Luo China is an ancient civilization with a history of 5,000 years. Brilliant civilization once created our excellent and great nation. In today's modernization, the Chinese nation is constantly creating the glorious history of mankind. This includes our great achievements in the construction of the rule of law. Of course, in the process of its continuous development and improvement, the construction of the rule of law has also encountered many factors' constraints and interference. This paper will make a preliminary discussion on this issue. Judging from the basic situation of China's current rule of law construction, we feel that the following factors have seriously restricted the progress of China's rule of law construction: First, China's judiciary is not independent enough, and judicial intervention by party organs and administrations at all levels is too large. Except for the National People's Congress, where legislation is relatively independent, judicial organs at all levels are under the control of party committees and governments. The financial and personnel rights of these judicial organs are in the hands of local party committees and administrative departments. Therefore, when state organs and party and government dignitaries violate the law, these institutions often feel great resistance when exercising their functions and powers, and even staff are afraid to intervene. This has caused the legal blind spot of local party and government, and many corruption cases in our country in the era of market economy have institutional roots. Second, the serious imbalance of economic development makes the balance of judicial justice unable to achieve real balance. China's constitution stipulates that "all citizens are equal before the law", but in the actual judicial process, the poor people need the protection and help of the law most. Due to economic factors, they are forced to choose to endure injury and infringement, because they can't pay high litigation costs. When this tolerance reaches a certain limit, they will take some extreme measures to solve the infringement and injury, thus becoming the object of legal punishment. Therefore, the law has become their authoritarian tool. From this perspective, there is no "equality" in law enforcement. Third, the traditional legal culture in China has seriously restricted the process of modernization of the rule of law in China. Our country has a civilization of 5000 years, and traditional culture, especially Confucian culture, has a great influence on the people. When dealing with daily legal relations or related issues, we are often used to "settle" and "forget it". On the one hand, this behavior pattern makes the legal rights of individuals not guaranteed; On the other hand, due to the concession of most people, it is impossible to safeguard and consciously abide by the public interests. Therefore, in our country, public rights are often violated, and no one stands up to stop them. Everyone is indignant, but they all choose to swallow it. Above, I analyzed the challenges faced by the rule of law construction in China from three aspects: legal system, social economy and culture. Of course, the development of the rule of law in China is not only restricted by these factors. The challenge is just around the corner. When we correctly grasp and understand the challenges, I believe that with the efforts of all parties, the rule of law in China has made great progress and development.