The Fourth Plenary Session of the 16th CPC Central Committee, according to the decision of the 16th CPC National Congress, carried out practice for the whole party on the basis of careful pilot summary. Theory of Three Represents theory? The important thought has made arrangements for the educational activities with maintaining the advanced nature of Communist party member as the main content. This is the basic project to comprehensively promote the new great project of Party building in the new period, improve the Party's ruling ability and consolidate its ruling position, and it is also the fundamental guarantee to comprehensively promote the great cause of Socialism with Chinese characteristics and realize the goal of building a well-off society in an all-round way. In order to carry out this educational activity which is related to the prosperity of the party and the people, we must further study and practice? Theory of Three Represents theory? Important ideas.
Hang in there? Theory of Three Represents theory? Important thoughts arm the whole party in concentrated educational activities.
In the process of leading revolution, construction and reform, it is a successful experience of China to strengthen Party building and carry out party member education, which is an important magic weapon to ensure the continuous success of the cause led by the Party. Since the Fourth Plenary Session of the 13th Central Committee, our Party has carried out three large-scale centralized education activities. Once, shortly after the reform and opening up, our party carried out a rectification movement within the party, persisted in emancipating the mind and seeking truth from facts, and further unified the thinking of the whole party into the party's basic line centered on economic construction. Once, after the 15th National Congress of the Communist Party of China established Deng Xiaoping Theory, Marxism-Leninism and Mao Zedong Thought as the party's guiding ideology, in order to firmly build the belief of Socialism with Chinese characteristics, education cadres kept in line with the CPC Central Committee ideologically and politically, enhanced their awareness and ability to resist and resist various risks in complex situations, and kept in close contact with the masses. From the end of 1998 to the end of 2000, the party spirit and party style education was carried out among leading cadres at or above the county level for the third time in rural areas across the country. Theory of Three Represents theory? Important ideological study and education activities. These concentrated educational activities have achieved remarkable results in raising awareness, unifying thoughts, rallying strength and advancing the cause of the Party.
The 16th National Congress of the Communist Party of China made a decision, and the Fourth Plenary Session of the 16th Central Committee deployed an educational activity to maintain the advanced nature of Communist party member. Theory of Three Represents theory? After this important thought was put forward and written into party constitution as the party's guiding ideology, it was the first centralized education activity carried out by the whole party. Compared with the previous three concentrated education activities, there are two distinct characteristics: first, practice? Theory of Three Represents theory? Important ideas as the main content; Second, the basic requirements for maintaining the advanced nature of Communist party member. Obviously, this is what China * * * producers insisted on in the 2 1 century? Theory of Three Represents theory? Arm yourself with important thoughts in Marxist self-education activities.
Insisting on the advanced nature of the party means implementation? Theory of Three Represents theory? The core of important thought
The 16th National Congress of the Communist Party of China emphasized: implement? Theory of Three Represents theory? The key of important thought is to keep pace with the times, the core is to uphold the advanced nature of the party, and the essence is to persist in governing for the people. All comrades in the party should firmly grasp this fundamental requirement and constantly strengthen and implement it? Theory of Three Represents theory? Consciousness and firmness of important thoughts. ? This argument clearly tells us, implement it? Theory of Three Represents theory? The important thought is to firmly adhere to the advanced nature of the Party in the process of emancipating the mind, seeking truth from facts and keeping pace with the times, centering on the essence of building the Party for the public and governing for the people. This is in-depth implementation? Theory of Three Represents theory? The core problem to be solved in the important thought.
Why should we emphasize upholding the party's advanced nature?
First of all, the advanced nature of the Party is a concentrated expression of the nature of the Party. Our Party has always been an advanced army composed of advanced elements of the working class in China. According to? Theory of Three Represents theory? The 16th National Congress of the Communist Party of China and party constitution's important thought further clarified the nature of the Party. China * * * Production Party is the vanguard of the working class in China, the people of China and the Chinese nation, the leading core of the cause of Socialism with Chinese characteristics, and represents the development requirements of advanced productive forces in China, the orientation of advanced culture in China and the fundamental interests of the overwhelming majority of people in China. The highest ideal and ultimate goal of the Party is to realize productism. ? This statement, first of all, reiterated that the China * * * production party is the vanguard of the working class in China. In the new century, no matter how the situation changes, the working class in China, including intellectuals, is still an advanced class associated with China's advanced productive forces. Our party must always adhere to the nature of the vanguard of the working class, and there must be no ambiguity or vacillation about it. At the same time, our Party is the vanguard of the people of China and the Chinese nation. This is because, in the primary stage of socialism, developing productive forces, enhancing comprehensive national strength and constantly improving people's material and cultural living standards are the common tasks and goals of our party and people of all ethnic groups throughout the country. Our Party always represents not only the fundamental interests of the working class, but also the overwhelming majority of the people in China and the entire Chinese nation. This is the characteristic and advantage of our party. Therefore, from the historical development and reality of the party, what is the nature of the party's vanguard? Pioneer? Expressed as? Two pioneers? It conforms to the situation after the party came to power and the requirements of the times, and is also conducive to strengthening the party's class foundation and expanding the party's mass base. It can be said that this is the further deepening and new enrichment and development of our party's understanding of the nature of the party's vanguard under the new historical conditions.
Adhering to the advanced nature of the Party is decided by the Party? Pioneer? Decided by nature. ? Pioneer? This is an important viewpoint of Lenin's party building thought. Lenin emphasized that Marxist political parties are not only workers' parties, but also the guiding ideology must be Marxist theory. Party cadres are a group of professional revolutionaries fighting for the cause of * * *, and the party member team is composed of advanced elements of the working class. If members of other classes want to become party member, they must first arm themselves with the working-class world outlook, that is, Marxism, consciously strive for the party's program and line, and become advanced elements with working-class consciousness. So, just to emphasize? Pioneer? In other words, it emphasizes the advanced nature. Advanced nature and class nature are the inevitable requirements of upholding the nature of the party's vanguard, and also the distinct embodiment of the nature of our party.
It is more important to realize that the advanced nature of the Party is concrete and historical. The advanced nature of the party has always been linked with the specific historical tasks of the party in various periods, not abstract; It has always been reflected in the continuous development of practice, rather than static. The party was advanced when it was founded and will not always be advanced in the future. Comrade Jiang Zemin once said that whether a political party is an advanced party or a vanguard of the working class depends mainly on whether its theory and program are Marxist, whether it represents the correct direction of social development and whether it represents the fundamental interests of the overwhelming majority of the people. ? This conclusion is not only in line with the Marxist theory of party building, but also a profound summary of our party's historical experience. Therefore, only by keeping up with the progressive trend of the times and formulating correct theories, programs, lines, principles and policies according to the interests of the people in different periods can the Party always maintain its advanced nature.
This requires us to do two things: first, we should not talk about the advanced nature of the party, but embody it in the exemplary behavior of the party. Under today's historical conditions, faced with the historical task of building a well-off society in an all-round way and realizing the great rejuvenation of the Chinese nation, the advanced nature of the Party should undoubtedly include the requirements of the new era, be linked with advanced ruling ideas and abilities, and be linked with the development requirements of China's advanced productive forces, the direction of advanced culture and the fundamental interests of the overwhelming majority of the people. The report of the 16th National Congress of the Communist Party of China also pointed out this point. To shoulder the historical responsibility of promoting China's social progress, the Party must always firmly grasp the top priority of governing and rejuvenating the country, adhere to the Party's advanced nature and give full play to the superiority of the socialist system, implement it in developing advanced productive forces, developing advanced culture and realizing the fundamental interests of the overwhelming majority of the people, and promote all-round social progress and all-round human development. ? If we firmly grasp this point, we will fundamentally grasp the will of the people and grasp the advanced nature of the party. Otherwise, the party's advanced nature will be out of the question, and the party's ruling position will be out of the question.
Second, don't be satisfied with the glory of the party in history, but reflect the advanced nature of the party advancing with the times. The development requirements of advanced productive forces, the orientation of advanced culture and the fundamental interests of the overwhelming majority of the people are constantly developing and changing in different historical stages of revolution, construction and reform, and will never stay at the same level. So, should the party really live up to its name? Theory of Three Represents theory? To always maintain its own advanced nature, we must always keep up with the times, never be complacent and never slack off. Throughout the history of political party development, not any political party can do this. Maybe for a while, but it's not easy to stay ahead of the times. For example, the working-class political parties in some countries were undoubtedly advanced in the past, but later they fell behind, stuck to the old ways, became rigid in thinking, divorced from reality and the masses, and were abandoned by the people. Practice has proved that only by constantly advancing with the times can any political party? Survival of the fittest? . So, stick to it? Theory of Three Represents theory? Important thoughts must grasp the key of keeping pace with the times, constantly explore and innovate, and make all theories and work of the party reflect the times, grasp the regularity and be creative. In this way, the party can always stand in the forefront of the trend of the times and be invincible.
Must we practice maintaining the advanced nature of Communist party member? Theory of Three Represents theory? Important thought
To maintain the advanced nature of the party, we must at least do the following three things:
First, the party's theory, line, principles and policies are correct, and the central leading collective can always keep pace with the times. Second, party organizations at all levels have formed a leading group full of vigor and vitality and a dynamic system and mechanism. Whether the theory, program, line and policy are correct or not depends on the cadres. Whether there is a dynamic and energetic leadership is an important issue. Related to this is whether there is institutional guarantee and whether there is a dynamic institutional mechanism. Third, party member can give full play to its vanguard and exemplary role. Not only leading cadres in party member should take the lead to play a vanguard and exemplary role, but ordinary party member should also maintain and play a vanguard and exemplary role. This is a concentrated expression and an important foundation for maintaining the advanced nature of the Party. Without party member's vanguard and exemplary role, the Party's advanced nature would be out of the question.
Under today's historical conditions, how can party member follow? Theory of Three Represents theory? What are the requirements of the important thought for giving full play to the vanguard and exemplary role? I think we should at least insist on:
First of all, we should establish the consciousness of party member and ruling for the people. Every cadre in party member, especially those working in the central and state organs, must establish the consciousness of governing for the people, that is, the consciousness of governing for the people. To realize that our rights are endowed by the people, we must serve the people wholeheartedly, and we must not turn power into private rights or even abuse power for personal gain. Only with the ruling consciousness can we consciously improve our ruling ability. For every * * * party member, there must be a sense of party member. It is a lofty title to have a deep understanding that * * * produces party member. This title embodies the ideals endowed by countless revolutionary martyrs who have made great sacrifices, embodies our scientific understanding of the law of social development, and is also a clear norm of each of our party member thoughts and actions. Keeping in mind party member's requirements, fulfilling Party members' obligations and enjoying party member's rights is party member's consciousness. We should always bear in mind that the vanguard fighters of the working class in China who are aware of capitalism must serve the people wholeheartedly, sacrifice everything for themselves and fight for capitalism for life. Party member, a producer of * * *, will always be an ordinary member of the working people. Within the scope prescribed by laws and policies, he shall not seek any personal gain or privilege except his personal interests and work authority. Establishing party member consciousness is the most universal and basic requirement for maintaining the advanced nature of Communist party member. Party member must consciously enhance party member's consciousness in order to keep the Communist party member full of vigor, high spirits and integrity.
The second is to maintain the mental state of emancipating the mind, seeking truth from facts and advancing with the times, and enhance the consciousness of maintaining a high degree of ideological and political consistency with the CPC Central Committee. Party member's vanguard and exemplary role is the embodiment and application of Marxist world outlook. Therefore, as a qualified party member, we must adhere to the Party's ideological line, emancipate our minds, seek truth from facts and keep pace with the times. In particular, we are in a historical turning point, facing extremely complicated domestic and international situations and unprecedented new situations and problems. If you are rigid in thinking, stuck in the past and can't keep pace with the times, it is impossible to maintain the advanced nature. Therefore, for every comrade, we should adhere to practical standards, respect reality and laws, emancipate our minds from outdated concepts, practices and systems, from erroneous and dogmatic understanding of Marxism, and from the shackles of subjectivism and metaphysics. Unify our thinking in emancipating our minds and truly and consciously keep in line with the CPC Central Committee ideologically and politically. Therefore, only by persisting in learning in practice, improving in learning, emancipating the mind, seeking truth from facts and advancing with the times can we fully and accurately understand and implement the party's line, principles and policies and play a good vanguard and exemplary role among the people.
Third, constantly improve the awareness and ability to serve the people, and do practical things and do good things for the people. The fundamental purpose of our party is to serve the people wholeheartedly. Comrade Mao Zedong, Comrade Deng Xiaoping and Comrade Jiang Zemin all stressed that party member must serve the people wholeheartedly. Comrade Hu Jintao repeatedly stressed that the vast number of leading cadres in party member must? Power is used by the people, affection is tied to the people, and benefit is sought by the people? . As a party member, to conscientiously implement the Party's purpose, one must have the consciousness and spirit of serving the people, and the other must have the ability and skills to serve the people. To serve the people, we should have real skills, enhance the professionalism and sense of responsibility of party member cadres, improve the ability to control work and deal with problems, and improve the ability to lead the masses to build a well-off society in an all-round way.
With the entry of China? Golden development period? And then what? Contradictory highlight period? In the new stage of coexistence and common prosperity, we should adhere to the purpose of serving the people wholeheartedly, pay special attention to helping the needy people solve practical problems in production and life, and strive to lead them out of difficulties and become rich with their exemplary actions. At the same time, party member, which has difficulties in production and life, should also take the overall situation into consideration, make positive progress, learn new skills, realize re-employment, and strive to make contributions in new posts.
Fourth, we should have a broad mind, unite all those who can unite and play an active role in building a harmonious socialist society. Aim high and have no distractions, which is the spiritual realm that party member should have to maintain its advanced nature. An important experience of our party's brilliant achievements in revolution, construction and reform is to cherish the unity and unity of the party, and always insist on mobilizing all positive factors and uniting all those who can unite.
In the process of developing the socialist market economy, new social strata have emerged, new interest relations have been formed, and contradictions among the people are complex and changeable. Party member should correctly handle the interests and differences of understanding among comrades and groups of different classes with a broad mind. There are different understandings and practices. As long as it does not involve issues of principle, we should understand each other and try our best to prevent and overcome all kinds of phenomena that undermine unity. At the same time, we should vigorously advocate the good fashion of getting rich through hard work, helping the poor and helping the poor, and helping the whole society to unite and help each other, helping the needy groups and mobilizing all positive factors to the maximum extent. Only in this way can we form a situation in which all people live in harmony according to their abilities and build a harmonious socialist society.
Fifth, strengthen moral cultivation and self-discipline and be a model of obeying the law. Faced with today's diverse, pluralistic and changeable social life, party member, as a member of society, is bound to face all kinds of negative influences and temptations of power, money and beauty. Only by strengthening the cultivation of party spirit, enhancing the consciousness of being cautious, independent, self-respecting, self-awakening, self-alerting and self-encouraging, observing the law and discipline, and internalizing the party discipline and state law into one's own conscious behavior, can we resist the erosion of various decadent ideological styles and lifestyles, withstand severe tests and maintain the advanced nature of Communist party member forever. For party organizations, we should actively explore new mechanisms and methods of party member management, so that party member can be effectively educated and supervised, thus faithfully practicing it? Theory of Three Represents theory? Important thought, keep advanced forever.
Comparative Analysis of European Pure Economic Losses in Senior Two Political Papers (1500)
1. Germany
In Germany, the plaintiff will not be able to get compensation for this. There are two main reasons. First, the plaintiff's absolute rights have not been infringed, and there is no basis for pure economic loss compensation. Second, the plaintiff cannot claim compensation on the grounds that freedom is restricted. The mainstream view is that the freedom mentioned in Article 823 1 of the Civil Code only includes the ability of personal freedom, such as the possibility of leaving a place. Under similar circumstances, the victim can still leave the scene. In a narrow sense, he still has the freedom mentioned here, so his freedom has not been violated. In similar cases, the court rejected the claim for fear of excessive expansion of liability and flooding of litigation. Therefore, the federal court pointed out that losing the right to use highways or traffic jams belongs to their own risk.
2. France
It is generally believed in France that the general tort clauses in the Civil Code are not applicable to large-scale lawsuits caused by automobile accidents. 1985, French law 85-677 established the legal liability system for automobile accidents, and people who were forced to get stuck in traffic jams could not get compensation for pure economic losses from the perpetrators. The law defines four elements of compensation, namely, motor vehicles, road accidents and losses and damages suffered by victims involved in vehicles. For damage, the legal interpretation is personal damage and property damage. Therefore, in the case of loss of time value, the element of loss does not exist. The third requirement requires that the loss claimed by the plaintiff must be related to the accident caused by the actor, so the plaintiff cannot claim compensation for the loss of time value from the defendant. Because there is no personal or property damage in this case or the plaintiff's loss has nothing to do with the personal or property damage in this case.
3. Britain, Britain
In England, the Court of Appeal adopted the method of fault economic damage in the case of Spartan Steel v. Martin, and made it clear that there was no fault in the actor's duty of care to other road users, so as to avoid blocking the expressway to prevent pure economic losses. This kind of case explains why Britain opposes economic losses to the maximum extent, that is, the scope of compensation may be very wide, and the defendant should not be required to bear the risk of compensation liability.
In Scotland, even according to the principles of fairness, justice and rationality established by Scotland, it is difficult to ask the actor to fulfill his duty of care to the other public in similar cases, which is consistent with the attitude of England. It is the policy of Scottish courts not to expose the wrongdoer to extensive litigation. As Lord Tanning did in SCM (UK) Ltd? This kind of risk should be borne by the whole society, not one party. ?
Three. Restriction rules and processing techniques
(A) the litigation theory
Because pure economic losses are losses unrelated to personal or property losses, the number of victims and the scope of losses may be extremely wide. The possible doubts are the main basis for limiting the scope of compensation for pure economic losses.
There is a theoretical basis for limiting pure economic losses for three reasons:
First, the court's resources are limited. If compensation for pure economic losses is allowed in some cases, it will lead to numerous lawsuits and make the court overwhelmed.
Second, the defendant should not bear unlimited liability for his wrong behavior. If the defendant infringes on the property of the original victim, he can't foresee the claim for related economic losses that he may face in advance. The number of secondary victims often depends on one or more accidental factors, which is highly uncertain and should be limited.
Third, pure economic loss is only a part of the general trend of expanding modern tort liability, which should be controlled.
The theory of litigation door is not a scientific proposition. In large-scale infringement, the number of victims may reach a relatively large scale, and the losses suffered may be very huge, so a huge lawsuit will be filed against the perpetrators. Control the number of lawsuits and reduce the court's
As a reason to limit pure economic losses, burden is not convincing enough. The purpose of litigation is to protect rights and interests, and it should not be counterproductive.
(2) Technical treatment of losses
Common law countries usually establish and modify the types of pure economic losses that need compensation through precedents. In the civil law system, Germany and France are two completely different types.
France has adopted a relatively free and open legislative model for compensation for pure economic losses, which can be seen from the provisions of Article 1382 of its Civil Code. The main method adopted by France is to control causality, that is, there is a direct causal relationship between pure economic loss and infringement, and then claim compensation. In the highway closure case mentioned above, the French court rejected the victim's claim for compensation for the loss of time value caused by traffic jam. Another example is that in the concert cancellation case, A injured singer B and caused C to cancel B's concert and suffered losses. The French Supreme Court held that C's loss was not a direct loss and could not be claimed from A..
Germany takes a conservative line. German law created three general clauses to protect pure economic losses, namely? Infringement of rights? 、? Violation of the law to protect others? And then what? Deliberately violating good customs? . The first is the protection of rights stipulated by law, and the last two are the protection of interests. In practice, Germany also protects pure losses by creating rights, the typical representative of which is German law? Commercial rights? . Regarding the constitutive requirements and protection scope of infringement of commercial rights, the German federal court put forward the so-called theory of infringement directness, taking the relevance of enterprises as the criterion. The so-called enterprise-related infringement means that the infringement is directed at the enterprise itself, excluding the rights or legal interests that can be divorced from the enterprise itself.
Four. conclusion
The protection of pure economic loss involves the balance and sequencing of various values. The ability of law to protect interests is limited, so it is obviously unrealistic to give complete protection to pure economic losses, which will further infringe on other interests; If it is not protected, it will not meet the needs of the public interest. Therefore, we should choose carefully in the legislative and judicial process.