The report of the 19th National Congress of the Communist Party of China pointed out: "Socialism with Chinese characteristics has entered a new era,The main contradictions in our society have transformed into a contradiction between the people's growing good life needs and inadequate development。"Our party's judgment on the main contradictions of society has fundamental guiding significance for the construction and development of rule of law China。Specific performance in,Beautiful life in experience、Specifications and system three levels have become the value of the development of the rule of law development。
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Understand a better life from the perspective of experience,It is necessary to put the traditional development model centered on economic growth from the perspective of the development of the rule of law,Moved to the development mode centered on the needs of the people。This will inevitably lead to fundamental changes in the standards and indexes of people's evaluation and development。In the sense of learning,The needs of the people have two levels: First, the original needs,Second is the demand for evaluating the original needs,That is the second order demand。The condition of the first demand constitutes the basic survival of the people,The latter demand constitutes the people'bet365 live casino games s cognition of their basic survival conditions、Evaluation and reflection needs,Therefore, the people's definition of their own original needs is constantly changing the people,Then form a demand sequence and system。
The development of the former has led to the development mode centered on GDP,The latter has spawned the HDI (Human Development Index) mode in the development theory in recent years。In GDP mode,The development of the rule of law is equivalent to the development of the market economy,Leading the construction of the basic context and basic theoretical system about the development of the rule of law since the reform and opening up of China。Therefore,The development of the rule of law is more associated with the improvement of the people's living standards。but,The quality of life and the level of living are fundamentally different。The evaluation benchmark for living level is basically single and homogeneous,A series of rule of law indicators developed on the basis of this is also single and homogeneous,It regards each subject as an economic unit,The desires of these economic units are all available and convertible。But the question is,The rule of law in the rule of law is not only in the continuous enrichment and increase of the people's needs in a certain direction,Therefore,Second -order demand itself will definitely from the people’s external、Material、The need to be accepted into the people's inner、Ability、Inaccurate needs。These needs are not focused on the ability of a certain activity Bet365 app download that the people have obtained in social life,Instead, people focusing on the people as society should have the potential in social life,These potential can help the people live a quality life。This requires the consideration of the rule of law to focus on the basic conditions that the people can live a better life。
Configuration of Rights and Energy Standards: The Multi -dimension of the Norm of Beautiful Life
The improvement of the quality of life is not what rights we give people through legal specifications。When a person lacks a certain right to realize a certain right potential,Universally gives some rights, but will cause further inequality between people。This means,From the perspective of a good life,The configuration of rights specifications cannot fundamentally solve the problem of inequality in development。Based on this,On the selection of the development path of the rule of law,The configuration and applicable mode that originally based on rights specifications should be,Converted to configuration and applicable mode with power regulation as the core。The so -called power specification,refers to the law subject to the law subject with specific abilities or rights,To protect the realization of its rights。Therefore,Power specifications are not essentially a norm of granting rights,Instead of implementing the right to realize rights。Specifically,Power specifications and different from the region of the country,Can be divided into private law and regulations in private law and power specifications bet365 best casino games in public law。No matter what kind of power regulations in the region,Its essence lies in helping the people realize their rights,to improve your quality of life。
At the level of private law,Power specifications are subject to autonomy of private law,Therefore, it is more reflected in the right to help the realization of the parties。In terms of rights theory,This specification can be referred to as "Facilitative Norm",This specification is more to give the parties the right to realize the right to realize their rights,Therefore, the rights contained in this specification can also be called "Facilitative Rights)。Configuration of the power specifications in the private law,The people can ask others、Society or the state helps the realization of its rights。The right to ask for help constitute an important part of the right to request the right to request in this sense。The right to request this kind of private law is more reflected in mutual collaboration between people,instead of damage compensation。So,The reasonable configuration that can be regulated by private law requires both the scope and space of private law autonomy in a certain field,You must have a certain understanding and understanding of mutual help in this field。This means,Under the context of autonomy of private law,The "prohibition -authorization" specification configuration mode in the traditional sense should be transformed into a "prohibited -help -authorization" specification configuration mode。
At the level of public Bet365 lotto review law,The role played by power regulations is greater than the level of private law。Because at the level of public law,Power specifications can play two aspects: first, to help the people realize their rights by giving new power; the other is to connect different types of power,Create multi -stage、Multi -dimensional power collaboration procedures to help people realize their rights。Therefore,In the traditional "command -authorization" public legal power regulatory configuration mode,Legislators should add the specifications of the "purpose -program" type,Therefore, further divide the power standards in public law into a traditional "command -authorization" specification and a new type of "purpose -program" specification。
Internalization of the reform of the rule of law mechanism: The dimension of the system of a better life
Under the context of the rule of law,The value concept of a good life continuously put forward new requirements for the mechanism of the rule of law,and many problems in the practice of rule of law provide a critical perspective。Therefore,The value concept of a better life is not a fixed constant、Single value appeal,but a diversified、The complete、Value system supporting each other。This value system is when facing the changes in real life and the needs of the people,It will present different value forms。But this does not mean mutual conflict between value,and it is precisely when the value is in the face of specific practice,The most suitable social value form that is presented bet365 best casino games in this kind of reality and practice。So,What kind of value form will a good life be guided and restrained to the development of the rule of law? Socialist core values are answers。
The rule of law mechanism is not fixed,Changes must be accompanied by the changes of people's practice, and the improvement of people's needs and cognition。Only under the constant change of rule of law,The people can effectively carry out meaningful practice,This makes the concept of a better life present in the context and path of the development of the rule of law。Therefore,The reform of the rule of law mechanism is the inherent requirements based on the development of the rule of law based on ensuring the status of the people's subject.。Reform is not an abandonment or abandonment of the original rule of law mechanism,Instead, it is internally born in the original rule of law mechanism,It is a self -changing consciousness that the people's main body given to the development of the rule of law。It is in this sense,The relationship between reform and rule of law is unified。Therefore,The development of the rule of law essentially means the internalization and normalization of reform,to form a dynamic、It can respond to the status of the people、Continuous development of the rule of law。
(This article is the Study of the State Social Science Foundation "Study on the Research on the Legal Guarantee System of Social Fairness and Justice" (20AZD028) phase results)
(Author Unit: Wang Jian Law College of Suzhou University)
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