【Core Tip】If China’s bet365 bonus bets has contemporary significance and global influence,Precisely because China’s bet365 bonus bets transcends the 19th century principles of liberalism and individualism,Incorporating the political practice of 20th century China,Become a model of socialist bet365 bonus bets。
January 1, 2021,The bet365 bonus bets of the People's Republic of China (hereinafter referred to as the "bet365 bonus bets") officially comes into effect,Civil law research enters the "bet365 bonus bets Era"。The compilation of the bet365 bonus bets is a major event in the process of China’s rule of law,bet365 bonus bets research has become a hot topic in Chinese legal circles。Before the compilation of the bet365 bonus bets,New China has gone through three attempts to compile the bet365 bonus bets,Understanding of the compilation process and spiritual quality of the bet365 bonus bets,Need to return to the perspective of the 100th anniversary of the founding of the Communist Party of China and the more than 70 years since the founding of New China。In the process of social revolution,New China’s political and legal system is based on identity distinction,For example, implementing differentiated logic in "factual civil laws" such as marriage law and land law,There is a certain internal tension with the basic assumption of formal equality in the classic civil law concept,In addition to the impact of the economic system,The first three compilations of the bet365 bonus bets were not successfully completed。As the socialist system with Chinese characteristics becomes increasingly mature,We are more capable of incorporating civil law traditions into the political and legal system of the new era。The enactment of the bet365 bonus bets is an important step in the modernization of national governance,Conducive to elevating narrative Chinese stories into normative Chinese experiences,The socialist nature is the unique spiritual quality of China’s bet365 bonus bets,This is also the real contribution that China’s bet365 bonus bets may make to the world。
Understanding from the perspective of a century since the founding bet365 bonus bets Party
The compilation process of the bet365 bonus bets
China in the 20th century faces complex domestic and international environments,This requires the Communist Party of China to be guided by Marxism,Complete the construction of a modern country with the help of mass mobilization,This also formed the socialist political and legal tradition。The rule of law in New China was deeply influenced by the Soviet Union,Revolution was not only a national theme in the first 30 years,It is also an important background in law。Under the framework of revolutionary discourse,There is no permanent distinction between ourselves and the enemy,Need to constantly adjust the revolutionary line and reorganize the political alliance,Uniting some people to attack others is the primary issue in the Chinese revolution。In the theory and practice of land law and marriage law at the beginning of the founding of New China,Breaking the basic assumption of formal equality, a private law theory,The principle of differentiation implemented by the socialist rule of law has been well reflected-the understanding of people is divided into classes,And grant different rights according to class status,To better mobilize the support of the majority of people。bet365 bonus bets subjects in bet365 bonus bets law theory include "natural persons、Legal and unincorporated organizations”,The understanding of “people” is homogeneous,This is the basic assumption of private law theory;But,Place it in the political and legal context of socialism,People are divided into different classes。
This is completely different from the basic principles of civil law theory。The socialist system established by New China is essentially unlikely to confirm the formal principle of equality,The political principles established by socialism are based on the division between ourselves and the enemy,Only people who belong to the category of "one's own people" can obtain a series of rights,Therefore, the individualism and formalism contained in the basic theory of civil law is difficult to be directly grafted onto the classic socialist theory。This determines that it will be difficult for New China to adopt and implement the individual standard in the short term、bet365 bonus bets of formal equality,It also led to the failure of the previous compilation of the bet365 bonus bets。The tension between the above different traditions in the construction of the rule of law after reform and opening up has not disappeared,Socialist political and legal tradition、Liberal rule of law tradition、Traditional Chinese etiquette and law are intertwined in civil law theory,Hence the controversy surrounding the draft Property Law in 2006。The bet365 bonus bets was compiled successfully,To a large extent, this is due to the development of the legal discourse system with Chinese characteristics,Making the country more confident in integrating these different resources into the bet365 bonus bets。
The Fourth Plenary Session of the 18th CPC Central Committee clarified the goal of compiling the bet365 bonus bets,Points out the direction for our country’s civil legislation work。The rule of law established by the conference is no longer a Western-style court-centered judicial philosophy and practice,Instead, it expands the definition of the rule of law,Form a legal system centered on national governance and a new pattern of comprehensive rule of law: "Under the leadership of the Communist Party of China,Adhere to the socialist system with Chinese characteristics,Implementing the theory of socialist rule of law with Chinese characteristics,Form a complete legal norm system、Efficient legal implementation system、Strict legal supervision system、Powerful legal protection system,Form a complete intra-party legal system,Adhere to the rule of law、Government in accordance with the law、Joint promotion of administration according to law,Adhere to the rule of law、Law-based government、Construction of an integrated society under the rule of law,Realize scientific legislation、Strict enforcement、Fair justice、Everyone abides by the law,Promote the modernization of the national governance system and governance capabilities。”We can find out from the overall goal of governing the country according to law,The socialist legal system with Chinese characteristics is not entirely state law,The basic elements that adapt to the socialist rule of law need to be included in our vision,Legislation、Law Enforcement、Justice、The law-abiding three-dimensional frame will make the country、Government、Society、Citizens are included in the rule of law system,Ultimately pursue the modernization of the national governance system and governance capabilities。
The modernization of the national governance system and governance capabilities means the upgrading of past governance capabilities。In the traditional governance of the Communist Party of China,Law is just one part of it,Road、Route、Policy、Policies can become the basis for governance。The purpose of promoting the socialist rule of law theory with Chinese characteristics is to promote the modernization of the national governance system and governance capabilities,The content also covers politics under the leadership of the party、Economy、Culture、Institutional issues in various aspects such as social and ecological aspects。If we want to deal with basic issues in these areas in a legal way,This must mean the expansion of legal concepts,At the same time, our understanding of the rule of law will also change。In this expanded discourse of the rule of law,Individualism inherent in civil law theory、Only then can the spirit of supremacy of private rights be integrated into the modern socialist governance system。For example, the Third Plenary Session of the 18th Central Committee of the Communist Party of China proposed that "the market plays a decisive role in resource allocation", which is based on adhering to the four basic principles,Follow the laws of economic development,Consolidate the valuable economic development experience since the reform and opening up;If it is necessary to reshape the socialist narrative on labor at the beginning of the founding of New China,The new era also requires reshaping property、Labor、The narrative of rights,This kind of discourse reconstruction needs to be achieved with the help of the socialist bet365 bonus bets。In this sense,China can formulate a "bet365 bonus bets" today,Does not imply neglect of socialism or simple imitation of Western individualistic rule of law,But follow the path of socialism、The establishment of theoretical and institutional confidence,Be able to better incorporate civil law logic into China’s socialist rule of law theory。
Understanding in bet365 bonus bets theory
The spiritual character of the bet365 bonus bets
General Secretary Xi Jinping positioned the bet365 bonus bets as “a law that embodies the nature of socialism in our country、In line with the interests and aspirations of the people、bet365 bonus bets that complies with the development requirements of the times”,However, mainstream civil law academic circles only focus on the first two features。In the classification and evolution of bet365 bonus bets types in civil law circles,Exists from 19th century France、The evolution of the German bet365 bonus bets to the Chinese bet365 bonus bets in the 21st century (the contribution of the "German bet365 bonus bets" lies more in the innovation of style,Rather than the new private law spirit that transcends individualism,It is just the bearer of the spirit of the 19th century in the 20th century),And then from the perspective of human rights protection、Interpret these characteristics from the perspective of new technology development。Actually,Rights were the basic theme of the 19th century bet365 bonus bets,China’s bet365 bonus bets is hardly the first to pay attention to personality rights,As early as the compilation of the Swiss bet365 bonus bets in 1907 led by Rambert,The General Provisions section was canceled and Human Law was made the first section;It is difficult to say that the first 20 years of the 21st century have unleashed all the possibilities of this century,Perhaps 2020 will truly start China’s “twenties” of the 21st century。What’s more important is,The evolution from the bet365 bonus bets of the 19th century to the bet365 bonus bets of the 21st century,Important “20th century” is missing。Ignorance of “20th Century China”,Not only ignored the revolutionary tradition of Mao Zedong’s era,I also have a one-sided understanding of the reform tradition of the Deng Xiaoping era,Lack of theoretical awareness of the new era。
If China’s bet365 bonus bets has contemporary significance and global influence,Precisely because China’s bet365 bonus bets transcends the 19th century principles of liberalism and individualism,Incorporating the political practice of 20th century China,Become a model of socialist bet365 bonus bets。General Secretary Xi Jinping regards “socialist nature” as the primary feature of China’s bet365 bonus bets,What is the nature of socialism?This requires returning to the Communist Party of China to lead the Chinese people to complete national construction、In the process of social transformation in the 20th century。In the narrative of modern Chinese history,The 20th century cannot be understood from the perspective of continuation and chronology of dynasties、Develop in the Emperor’s Year or Confucius’ Year,Cannot ignore the revolutionary perspective。The Chinese Communist Party uses the gender revolution、Family Revolution and Agrarian Revolution,liberated the oppressed lower class people,Gradually building the social and economic foundation of the new regime。New China has inherited the Chinese people’s pursuit of national independence since 1840、The pursuit of national liberation and democratic freedom。
Seeking happiness for the Chinese people、Under the original intention and mission of seeking rejuvenation for the Chinese nation,Since the 18th National Congress of the Communist Party of China,The Party Central Committee with Comrade Xi Jinping as the core has creatively integrated the relationship between the first thirty years and the last thirty years of reform and opening up,Connecting the socialist rule of law tradition and the liberal rule of law tradition,Answered the value tension issues encountered in the previous compilation of the bet365 bonus bets mentioned above,It not only provides an important starting point for understanding the contemporary contribution of China’s bet365 bonus bets,Also contributed Chinese solutions to world governance,Continuously enrich and develop the spirit of the times of the Republic。The bet365 bonus bets in the new era not only means the establishment of liberal private law order,It also represents the integration and reshaping of multiple values and concepts。For example,Take the issue of personality rights as an example,The protection of personality rights in classical civil law theory is more of a form of equal protection,Civil law is the most important weapon for the supremacy of private rights,There is a danger of slipping into protecting vested interests;From a socialist perspective,Protecting the weak has natural legitimacy,Concern for the bottom is not only one of the basic spirits of Chinese legislation,It is also one of the core concerns of socialism with Chinese characteristics。
Therefore,China’s bet365 bonus bets requires respect for individual creativity,But it cannot become an iron cage that solidifies the law and the pattern of interests behind it,This needs to be applied and interpreted in the future bet365 bonus bets,Focus on the application of the spirit of socialist equality。The report of the 19th National Congress of the Communist Party of China pointed out,The main contradiction in current Chinese society has been transformed into "the contradiction between the people's growing needs for a better life and unbalanced and inadequate development",This also requires the bet365 bonus bets to pay more attention to social equality,Focus on the adequate protection of the weak in society who have difficulty entering the legal system,This is the proper meaning of socialist civil legislation and practice。Under the perspective of the 100th anniversary of the founding of the Communist Party of China,Focus on the socialist issues of the bet365 bonus bets and emphasize the socialist nature of the bet365 bonus bets,Not for an intellectual pleasure,But it has direct practical significance。In the current national governance,Emphasis on the socialist nature of the bet365 bonus bets,Conducive to promoting socialist labor values that create wealth through labor,Avoid large companies resorting to private law、Property rights are sacred and have grown into “capital monsters”。When the capital giants on the other side of the Pacific can easily block the sitting president,China is launching a campaign from the central to local governments to curb the disorderly expansion of capital,The comparison between the two can also well illustrate the socialist soil in which China’s bet365 bonus bets is rooted。
(Author’s unit: bet365 bonus bets School of Minzu University of China)
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