Learn to the methodological principles of the methodology of the rule of law outside the region
July 08, 2020 09:43 Source: "China Social Sciences", July 8, 2020, No. 1962 Author: Lei Lei

  Bet365 app download

Comprehensively promote the rule of the country according to law,We must learn from the beneficial experience of the rule of law abroad,But you cannot copy the concept and mode of foreign rule of law。General Secretary Xi Jinping has repeatedly emphasized,"The rule of law is one of the important results of human civilization,The essence of the rule of law and the main purpose of the governance and social governance of various countries,We want to learn from the world's excellent and civilized achievements ","Learning and borrowing is not the same as simply useism,You must persist in me as the main、I used it for me,Serious identification、Reasonable absorption,Can't engage in ‘full westernization’,Can't engage in ‘full transplant’,Can't copy it according to "。So,In the process of the construction of socialist rule of law with Chinese characteristics,It is necessary to construct a scientific reference mechanism for the civilization of the rule of law outside the territory,The scientific reference mechanism is based on scientific methodology principles。The latter includes the principle of basic methods、Basic method principles and basic methods and mechanisms。

  Method Principles: General Principles and China National conditions

Socialism with Chinese characteristics of the rule of law from the rule of law on the rule of law,In essence, the basic principles of the general principle of the rule of law and the special national conditions of China。On the one hand,Combination is an important aspect of Sinicization of Marxism。In the revolution、Construction、Reform various historical periods,The Communist Party of China adheres to the basic principle of Marxism with the specific actual situation of China,Use Marxist position、Viewpoint、Method to study solving bet365 Play online games various practical theories and practical problems,Constantly promoting Sinicization of Marxism。Since the reform and opening up,The construction of the rule of law can be restored and developed,"Sixteen Characters of Legal System" and "Two Hands" theory,The fundamental strategy of "governing the country according to law" and the idea of ​​"governing the country according to the law and the country of morality",Exploration of the concept of socialist rule of law,Especially Xi Jinping's overall plan for the rule of law system with Chinese characteristics in the new era,Both the products combined with the practice of the general principles of Marxism and the historical stages of China,It is an inevitable choice to integrate Chinese special national conditions and special context on the basis of adhering to the basic consensus of the rule of law。

On the other hand,The combination of combination is also the unity of the main character and openness of the construction practice of the current rule of law。The rule of law is the common wealth of the people in the world,It is the common trend and trend of the world's historical development,With its basic development trajectory to follow。The road to rule of law in China must be based on the actual situation of the country,You have to open the door for construction。Especially in today's globalization era,The field of rule of law is also facing new challenges of openness and internationalization,Reception of self -defense、Blindly can only lead to the loss of the motivation to improve the rule of law。But at the same time,The historical background of each country、Real National Consciousness、The goals and tasks of the country are different,The road to the rule of law selected must not be the same。Can't regard a theoretical point of view and historical experience as the sole criterion,Can't treat a model as the only choice of the road of rule of law。Some historical experience can be used to explain the course of the rule of law of some countries Bet365 lotto review and nations,It has reasonableness in a certain area and history and culture,But if you are insisting、Use them to "formatize" all the rule of law activities of human beings,That's ridiculous。China's practice and experience of learning the West in the construction of the rule of law in China,But at the same time, it is necessary to identify the basis、Drawing degree,This is the most valuable spiritual quality of Marxism。

  Method Principles: Division and comprehensive reference

First is the fundamental value principle。Drawing on the rule of law outside the territory should use the core values ​​of socialism as a fundamental follow -up。Socialist core values ​​are the essence of the era of national spirit,is economic reform、Civilized progress、Social harmony、Civilized progress、The spiritual fortress of the party and the country's long -term stability,It is a concentrated manifestation of the spirit of contemporary China。Core values ​​carry a nation、The spiritual pursuit of a country。Cultivate and promote core values,It is the social system that can run normally、An important way to effectively maintain social order,It is also an important aspect of modernization of the national governance system and governance capabilities。Socialist core values ​​integrate into the construction of China,It is an inevitable requirement for maintaining socialist ideology and security,It is the inherent needs that adhere to the combination of governing the country according to law,It is the only way to achieve good law and good governance。Socialist core values ​​must be integrated into the construction of the rule of law,Can't be a slogan -type label format,Can't simply copy the sleeve,Instead, it is necessary to use it as the standard for judging and testing good laws and evil laws。All countries that do not meet the core values ​​of socialism,Not only can not learn and transplant,And must resist and abandon。Socialist core values ​​must be integrated into the construction of the rule of law,It is necessary to transform the requirements of the core values ​​of socialism into legal rights、Obligation、bet365 best casino games Responsibility,It is necessary to transform the requirements of the core values ​​of socialism into legal rights,Forms legal norms and legal systems with Chinese characteristics,As a result, the combination of socialist core values ​​and laws and regulations、Water and milk blend。

The second is to distinguish the principle of treatment。Drawing on the common factors and unique factors in the practice of rule of law outside the rule of law。Learn and learn from experience in the construction of rule of law in other countries,I need to see the common problems that will encounter in the rule of law in various countries,Also based on different countries in various countries、Cultural background and special system,Especially clearly recognize the attributes of the relevant legal system。To fully learn and absorb legal systems related to the market economy。In Contemporary China,After more than forty years of reform and opening up,A economic system that has the characteristics of socialism with Chinese characteristics can give full play to the role of the market economy.,The economic life of contemporary China is increasing into the mainstream of the international market economy system。So,For those basic laws that can reflect the market economy、meets the needs of market economy development、The legal system that adapts to the macro -control of the market economy,To learn from、Deep absorption。It is highly alert to the legal system of the political system。There is no exactly the same political system in the world,There is no political system mode for all countries。So,For those who reflect political power、Political Organization Architecture、Political system management、The legal system running for political mechanism,Those who do not match the ideology and political reality of China must resolutely resist。It is necessary to distinguish from the legal system on social governance。The same problem faced by countries around the world in the process of social bet365 best casino games governance,such as knowledge innovation、Risk control、pollution prevention、Population flow、Municipal Construction, etc.,can be opened、Careful gesture to learn from the advanced legal system abroad。But for the unique legal system of individual countries,To fully consider the Chinese system、On the basis of the cultural and social environment, examine its feasibility,Make limited absorption。

Three is the principle of a broader view of vision。Drawing on the legal system of developed countries outside the domain rule of law,It is also necessary to pay appropriate attention to the experience of the rule of law in developing countries。In the past, we were too focused on the practice of rule of law in developed countries,Ignoring the attention of the rule of law in developing countries。In fact,The same country is a post -hairstyle rule of law modernization country,China and other developed transformation countries are facing the same historical situation and external environment。Especially East Asian countries,All affected by Confucianism and Oriental civilization,Have a common cultural heritage and social gene。To learn from the successful practice experience of the successful rule of law in developing countries,Following the effective system and measures of them in the process of social transformation,Especially in these countries to achieve the way and methods of innovative transformation of the legal system transplanted in these countries。It is also necessary,Analyze the reasons for the failure of these national legal system transplant,Provide a mirrorbook for taking a self -built road to rule of law。

Method Mechanism: Systematic and benign interaction

First,Learn from the rule of law outside the territory,Political decision -making、Legislative Promotion、Systematic support and practical feedback、Personal interactive mechanism。To establish important laws,Especially the political decision -making mechanism of the code。Before the legislation of important laws and the draft is Bet365 lotto review completed,It should be reviewed by the Party's Central Committee or the Politburo,Make a legislative decision in an authoritative way、Give politics。Actively give full play to the National People's Congress、Government、The role of the party group of the Supervisory Committee and Law Inspection,Gather opinions from all parties in a democratic centralized manner、Condensing the will of political parties、Effective decisions。Second,To improve the legislative procedure and working mechanism of the National People's Congress。Open the door legislation、Hold legislative hearing,Power of the Legal Committee and other special committees,Actively give play to the role of legal experts, especially external legal experts,More opinions from professionals in specific fields,is scientific legislation、Reasonable drawing on the guarantee of procedures and systems in other countries' legal systems。third,It is necessary to unblock the participation channels for the whole process of the academic community。Fully mobilize the legal community to participate in legislative activities、Provide learning theory and intelligence support for legislation,Expert opinions at the front end of legislation、Suggestal draft and expert demonstration meeting、Symposium and other forms to learn from other countries' legal systems to conduct scientific checks; investigations through legal implementation at the back end of legislation、Legislative assessment and other methods to test the actual effect of legal transplantation、Perfect follow -up legislation to provide convenience。Fourth,To build a practical feedback mechanism for legislation。There must be a government in legislative activities、Supervision Committee、Public Prosecutor's Law Department Lawyer and other practical circles,Especially the early participation channels of the personnel practitioners at the grassroots level,To understand the status quo of existing legal practice、Determine bet365 live casino games the rationality and feasibility of specific legal transplantation provides information。After the legislation, we must implement the legal implementation feedback mechanism of the legislature,is a legal change、Interpretation、Waste provides operational basis。

  (This article is the National Social Science Fund's major commissioned project "Research on the theoretical System of Socialism with Chinese Characteristics" (17@zh014) phased achievement)

(The author is a professor at China University of Political Science and Law、Qian Duan Scholars)

Editor in charge: Zhang Jing
QR code icon 2.jpg
Key recommendation
The latest article
Graphics
bet365 live casino games
Video

Friendship link: Official website of the Chinese Academy of Social Sciences |

Website filing number: Jinggong.com Anxie 11010502030146 Ministry of Industry and Information Technology: Beijing ICP No. 11013869

All rights reserved by China Social Sciences Magazine shall not be reprinted and used without permission

General Editor Email: zzszbj@126.com This website Contact information: 010-85886809 Address: 11-12 floor of Building 1, No. 15, Guanghua Road, Chaoyang District, Beijing: 100026