Chinese -style modern picture scene of the country ruled by law
February 21, 2023 10:07 Source: "China Social Sciences", February 21, 2023, Issue 2594, Issue 2594

Rule of rule of law or rule of law,Frequently linked with the construction of the European continent, especially the German nation -state, and the unified modernization process,"The country is a group of people based on the combination of the law",It is considered to be a typical national modern map of the West。This "modernization" means four basic aspects: one is rationalization,The basic commandment of the rule of law is that the state must exist based on the reason and respect the reason of people; the second is the secularization,The rule of law serves the goal of individuals and public well -being that meets the secular life; the third is institutionalization,The country ruled by the rule of law to obtain compulsory effectiveness in a constitutional law system and implement it,Realize the granting and control of national public power; the fourth is universalization,The rule of law contains generalized human values ​​and national goals。

Examiners with the characteristics of the country ruled by the rule of law,The Chinese -style modern map of the country ruled by law contains not only the follow -up of modernization general laws,It is also China's own tradition、The results of the shape of national conditions。In the theoretical construction of the country ruled by law,It is also urgent to break the myth of "modernization = Westernization",Dual Construction of the Order and Law of the Modern State of China、In the process of interacting, we establish an independent knowledge system for Chinese -style modern maps that explain the rule of law in the country。Fundamental speaking,Modernization is an integrated historical movement of human life,bet365 live casino games It itself reflects liquidity in different time and space、Diversity and self -reflection based on specific practical situations。

First,Chinese -style modernization of the country in rule of law is the modernization of socialist rule of law as the fundamental system of the country。"Chinese -style modernization,It is the socialist modernization led by the Communist Party of China ",So,Its fundamental historical soil is not as a "civic society in demand system",Its historical context is not "atomic individual confrontation abstract country",but a special modern social form,That is socialism。This means understanding the three basic propositions of the Chinese -style modern picture of rule of law in the rule of law。

First, the party leadership logic of the country of socialist rule of law。Different from Kant's "atomic individuals to form a rule of law country through public law contracts in order to meet the rights protection of private law",Endogenous power constructed by the country of rule of law in China、Basic paths and leadership forces always come from the socialist party -the results of the hard work of the Chinese Communist Party as the elites of political ideals and action。So,The country of rule of law in China has always existed in a mixed structure of "political parties -state interaction"。Whether it is governed in local areas or long -term governance,The rationality of the Communist Party of China has always been the source and guarantee of legal rationality,Always constructing the country through the law、Standard country、Leaders of the country、Promotioner and defender。The current constitution of the fundamental framework of the national integration clearly announces that "the leadership of the Communist Party of China is the most essential feature of socialism with Chinese characteristics",is the most vivid embodiment。

Bet365 app download Second, the value shaping logic of the country's rule of law countries。Socialist system with Chinese characteristics contains value maps with special history and real situations of Chinese characteristics,It cannot fully use Western law to rule the national secularization goals to explain,Represents a special type of human civilization。For example,Chinese -style modernization contains "modernization of material civilization and spiritual civilization" essentials,It makes the construction of China's rule of law in China always have a certain moral foundation and transcendence character。The current constitution's regulations on the core values ​​and spiritual civilization terms of socialism,Obviously there is a big difference from Western liberal neutral rule of law,Constitution to the country's goals、Emphasis on national tasks,Public ownership and common prosperity、Construction of a social security system、Regulations on material assistance, etc., directly expressed the substantial equal state view of socialism。

Third, the power configuration logic of the socialist country。Different decentralization and logic of democratic democracy derived from the social logic conditions of the citizens,The power configuration logic of the socialist country must follow the overall view of power in the legal framework,Is a democratic centralized system。In the Chinese Constitution, there is a "double indispensable principle",All national power、Full、directly belonging to the overall "people"。The People's Congress system of the "All Power in the People" stipulated in Article 2 of the current Constitution and the principle of democratic centralism,It is the standard basis of this principle。

Next,Chinese -style modernization of the country ruled by law is a modernization that is nourished by Chinese bet365 best casino games civilization,Chinese civilization's own special characteristics、Continuousness has logically shaped the inherent mechanism of Chinese rule of law in China。Chinese civilization in the evolution of the 5,000 -year years of the special concept of justice (national)、True view、The concept of governance has profoundly affects the construction of the country ruled by law today。For example,"Unlimited Politics" and "Politics of Benevolence" contained in the Confucian Cultural Views,It is the equality of the national protection obligations in China today、The important theoretical basis of comprehensiveness,It is the "people first" emphasized by understanding the "people -centered" Chinese constitutional human rights view,The most realistic theoretical origin of human rights。Another example,Chinese civilization emphasizes the moral foundation of national power,",For example, the pursuit of Beichen,It is today that we have emphasized a moral evaluation of all personnel exercising public power through the constitutional constructing state supervision.、Wind Disciplinary Supervision、Important ideological resources of legal constraints。"Six Contract Wind,Kyushu Juan Guan "unified tradition,It shaped the constitutional unity of the motherland、Actively build the fundamental logic specified by the community of human destiny。

Last,Chinese -style modernization of the country ruled by law is faced with specific、Modernization of objective constraints。"Chinese -style modernization is a modernization of a huge population" first is the analysis and judgment of objective constraints。This objective constraint condition will inevitably be projected into the process of modernization construction in the country of rule of law。It means that the construction of Chinese rule of law in China must rely on construction rationality,bet365 live casino games It must be planned,It is impossible to take a purely spontaneous way to perform。Population scale and regional scale,The trial and error cost that determines the spontaneous evolution will be very high,And in this process, there is a challenge of the diversity of rule of law on unity。The huge population scale is not only the concept of quantity,It must also analyze the characteristics of the existence of the population structure,For example, urban and rural differences、Ethnic differences、Class diversity。Vast area is not only the physical category of space,It also means internal differences、Different civilization form differences carried in different spaces,presents agricultural civilization、Industrial civilization、Information technology civilization and other forms of "time and space overlap" situation,Also due to this overlap, "civilization interoperability"。For example, the sales of the platform economy may be stacked at the same time to stack industrial civilization and information civilization、Agricultural civilization and information civilization,This leads to the operating logic and different forms of national power.,Therefore, "governance overlap"。From the perspective of the construction of the rule of law,This means that the legal regulation methods brought by this power overlap and governance overlap must be more systematic、Integrated,Organic penetration,One construction。

The above discussion is mainly based on the regularity of Chinese -style modernization in the construction of the country of rule of law to describe the scrolls that are being expanded slowly。At the same time,We can further do more theoretical expectations and outlook on this picture。

On the one hand,Chinese -style modernization of the country in rule of law should surpass the historical dialectical law of the rule of law and the real rule of law,China's socialist system bet365 live casino games attributes for the pursuit of substantial equality and justice,It makes it difficult for Chinese -style rule of law to become a form of mechanical adherence and understanding of rigorous rules,But the social competition logic and social Darwinism of the capitalist civic and social Darwinism, which the essence of the country, is also difficult to copy in China。Chinese socialism and Chinese civilization nourish special national justice theory,This national justice theory is different from the pursuit of qualification equality and rules of law in the form of formal rule of law,It is also different from the emphasis on the country's supplementary and auxiliary responsibilities,Not to be caught in the "value decisive battle" caused by the law governing the country。China's national justice theory always requires under the leadership of a moral ruling party,State and their power operators must have "righteousness and unreasonable profit,The political mission ethics of Ming Qi does not care "and the sacrifice of dedication as the highest political virtue。

On the other hand,Chinese -style modern pictures of the country ruled by law should surpass the theoretical two -point method of allocating justice and exchange justice。Modern China is not a Western contract theory、More attention to the original allocation and exchange of resources in the logic of the opposition between the country and the people,The state and the people have consistency in the legal arrangements of China,The core essence of "people -centered" must determine the people's own justice production function,This is a kind of "production justice"。In the process of China's moving towards a modern power,At the same time, there are still various uncertainty,Therefore, the country in rule of law must still be capable、Responsible to prevent risks and be good at passing the stability and computable approximate approximate bet365 live casino games approximate approximately occasional、Complex and random country。In this sense,"Prevention of Justice" is also the meaning of the Chinese -style modern question of the country of rule of law。

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Editor in charge: Zhang Jing
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