Understand China's rule of law,First of all, you need to sort out the evolution process of China's legal system in modern times。This process began in the legal change movement of the rulers of the Qing Dynasty under various pressures inside and abroad。Internal pressure mainly comes from the needs of the influence of traditional culture and the complete need to maintain sovereignty; in addition to the export of goods,External pressure mainly comes from the introduction of modern legal culture in the West。
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In the past century,China's legal experience is trying to seek balance between modernization (that is, learn from Western model) and maintain its own cultural identity,so as to build a new paradigm for China's modernity。The reform and opening up policy in the late 1970s is particularly worthy of attention。Since then,China is getting more and more open to the world,At the same time, internal reforms,Reform and openness are inseparable。China has explored a unique development road。
Now,Chinese traditional legal culture is also experiencing modern transformation。This transformation will inevitably evolve from learning from foreign laws to the direction of the formulation of national characteristics。China's purpose is to formulate Chinese law with modern characteristics,Not copying foreign laws,No revision ancient laws,Instead, avoid losing your own characteristics while drawing on foreign experience,Inherit the tradition while innovating tradition,Chinese characteristics of establishing contemporary legal experience,Make it the basis of the Chinese legal system。
Since the 18th National Congress of the Communist Party of China,Chinese leaders constantly emphasize the revival of the excellent traditional culture of China。Cultural self -confidence,It is the insistence and innovation of its own excellent traditional bet365 best casino games culture,Become one of the cornerstones of China's promoting the construction of the rule of law today。November 11, 2021,The "Resolution of the CPC's Centennial Struggle and Historical Experience" (hereinafter referred to as the "Resolution"), "The Central Committee of the Communist Party of China on the sixth plenary session of the 19th Central Committee of the Communist Party of China" (hereinafter referred to as the party,"The party leads the people to successfully get out of the Chinese -style modern road,Created a new form of human civilization,expanded the way to modernize developing countries,Gives a new choice for countries and ethnic groups that want to accelerate development and maintain their independence in the world "。where,"Chinese -style modernization" This method combines the common characteristics of the modernization of various countries and the distinctive characteristics based on Chinese national conditions。"Resolution" also emphasized,"Governing the country in accordance with the law is the essential requirements and important guarantees of socialism with Chinese characteristics"。other,Comprehensive governing the country in accordance with the law is also the inherent requirements and important guarantees of advancing the modernization of Chinese style。
Cultural tradition、Modernity and political thought are three components of Chinese -style modernization,Xi Jinping's idea of rule of law integrates these three factors in the new paradigm,This is a manifestation of national governance wisdom。The Communist Party of China is the core of this cause,Adhering to the party's leadership is the fundamental requirements of socialist rule of law。
Milestone of the evolution of the legal system
November 2020,The first Central Committee of the Communist Party of China in the history of the Communist Party of China in the history of the Central Committee of the Central Committee is in accordance with the law,Establishing Xi Jinping's thinking as a guiding ideology in accordance with the law,An important part of Xi Jinping's thoughts of socialism with Chinese characteristics in the new era。
Xi Jinping's idea of the rule of law is a milestone in China's legal system evolution and reform in the past few hundred Bet365 app download years,Reflected a mature、Modern、The basic features necessary for the legal system with Chinese characteristics。Xi Jinping's thinking is rooted in three major logical foundations: practice、Theory and history。Practical logic refers to the practice of governing the country by the Communist Party of China; the theoretical logic inherit and develop Marx Leninism、Mao Zedong Thought、Deng Xiaoping Theory、"Three Represents" important ideas and scientific development concept; historical logic follows historical materialism,Respect the history of Chinese civilization and emphasize its continuity,Treating Chinese law traditions as a prominent feature of contemporary socialist experience。
After the idea of Xi Jinping's rule of law,"Construction of China" to open a new journey,From emphasizing "building socialist rule of law countries" to highlighting "construction of rule of law China",It reflects the Chinese dream that realizes the great realization of the great rejuvenation of the Chinese nation。January 2021,The Central Committee of the Communist Party of China issued the "Construction Plan of China Law (2020-2025)" (hereinafter referred to as "Plan"。The term "rule of law" is placed in front of "China" as attributive,This is not the Chinese version of the rule of law,Instead, it reflects a local、endogenous rule of law。China's reform has not been restricted on the orbit of "moving" or "away from" Western rule of law,Instead, it is necessary to indicate the direction of the road of socialist rule of law with Chinese characteristics。The road formulated in the "Planning" follows the following main principles: adhere to the party's centralized and unified leadership; adhere to the theory of socialist rule of law with Chinese characteristics; adhere to the people -centered; adhere to the overall promotion; adhere to the problem orientation of the problem; Stick to the actual situation of China。
"Plan" also set two overall goals: by 2025,Party leadership is more healthy,Constitution as the core of the socialist legal system with Chinese characteristics is more complete,Defined responsibilities、Bet365 app download The government governance system administrative administrative government governance system is increasingly sound,Coordinate with each other、The judicial operation mechanism of mutual constraints is more scientific and effective,Significant progress in the construction of social rule of law,More complete regulations and regulations in the party,The socialist rule of law system with Chinese characteristics is initially formed。From 2035,State of the rule of law、Government of rule of law、Basic completion of the rule of law society,The socialist rule of law system with Chinese characteristics basically forms,People's equal participation、Equal development rights are fully guaranteed,Modernization of the national governance system and governance capacity is basically realized。
June 2021,Central Committee of the Communist Party of China、The State Council forwarded the "Central Propaganda Department、The Eighth Five -Year Plan for the Propaganda and Education of the rule of law (2021-2025),The implementation of the rule of law into a unanimous pursuit of the whole society。
Reconstruction of the theoretical category of the rule of law
The core of Xi Jinping's thoughts of the rule of law is concentrated as "eleven persistence": adheres to the party's leadership of the party to rule the country in accordance with the law; adhere to the people as the center; adhere to the road of socialism with Chinese characteristics; adhere to the constitutional governance of the country、Rule according to the constitution; adhere to the modernization of the national governance system and governance capabilities on the track of the rule of law; adhere to the construction of a socialist rule of law with Chinese characteristics; adhere to the rule of law、Governance according to law、Administrative advancement in accordance with the law,State of the rule of law、Government of rule of law、Institute of integration of the society in the rule of law; adhere to the comprehensive promotion of scientific legislation、Strict law enforcement、Justice justice、All the people abide by the law; adhere to the overall planning to promote the rule of law and foreign law -related rule of law; adhere to the construction Bet365 lotto review of high -quality rule of law work with both talents and talents; insist on grasping the "key minority" of leading cadres。where,Adhering to the leadership of the Communist Party of China is also the fundamental principle of the Constitution of the People's Republic of China,Article 1, paragraph 2 of the Constitution,"The leadership of the Communist Party of China is the most essential feature of socialism with Chinese characteristics"。
Adhere to the party's leadership of the party to comprehensively governing the country in accordance with the law, how to correctly understand and grasp the relationship between party and government relations。The theoretical researcher of the Communist Party of China pointed out,There is a dialectical relationship in Xi Jinping's thoughts of the rule of law。From a dialectical perspective,Western scholars must reconstruct the contradictions they see。President Xi Jinping emphasized: "The party's centralized unified leadership power is inseparable。Can't simply talk about the separation of the party and the government or the unity of the party and the government,Instead, it is necessary to adapt to the characteristics and basic conditions of different fields,Continuously improve and improve the party's leadership method and governing method。”
Persist in governing the country according to the constitution、In terms of governing according to constitution,Internal party regulations have the same nature as national laws,Both are the manifestations of the people's will,All were formulated under the party's leadership,It is also an integral part of the socialist rule of law system with Chinese characteristics。The difference between the two is different scope of applicable。Regulations on the party's affairs and regulations of the party's affairs、involved party organizations at all levels,And the state's legal regulations of national affairs and society,Suitable for all natural people and legal persons in national territory。So,It is necessary to ensure the organic unity of internal party regulations and national laws。The party must move within the scope of the constitutional law,Follow the law of the country,At the same time, we must follow the will of the people。In bet365 live casino games practice,The party's rights and obligations must be consistent with the law,No special case。The office of the party and government agencies to make the unity of the rule of law activities possible。February 2018,The "Deepening the Reform Plan for Deepening the Party and State Institutions" adopted by the Third Paragraphs of the 19th Central Committee of the Communist Party of China,"Promote the consolidation of the party and government agencies with similar responsibilities or the office of the office"。
To rule the country in accordance with the law, we must insist on grasping the "key minority" of leading cadres。Strengthening intra -party supervision is an important guarantee for comprehensively and strictly governing the party,Adhere to the party's leadership、Comprehensive and strict governance of the party is the fundamental guarantee for comprehensively governing the country in accordance with the law。The leadership of the central government must be implemented uniformly,and supervise by the special committee。A country、A political party,Leading core is important。Leading cadres plays the role of the above rate in comprehensive rule of law。President Xi Jinping pointed out: "The ancients said,The people ‘take the official as the teacher’。Leading cadres to respect the law、Learn not to learn、Not abide by the law、Useless,The people look at it、Remember on it,and will imitate in your own action。”
Xi Jinping's idea of the rule of law has rebuilt the country、The institutional framework of the relationship between the party and the people,Also re -sorted the relationship between the central and local institutions,From top to bottom, it also strengthens the institutional tools of central government governments,At the same time, the citizen protection system。
From the perspective of the West,The impact of Western legal ideas on Chinese legal culture is undeniable,It is also historical facts。The key is how to measure the Chineseization of Marxism of the rule of law、How to highlight the traditional Chinese tradition,This requires a historical research method。We must study related traditions and modern characteristics,To explain and re -build bet365 live casino games the theoretical category related to the rule of law,Only in this way can we truly grasp the essence of the rule of law with Chinese characteristics。
(The author is a visiting professor at the University of Law School, Italy University、Director of the China Institute of Law in Italy)
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