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General Secretary Xi Jinping put forward a brand -new theoretical proposition in the speech at the 100th anniversary of the founding of the Communist Party of China: "Chinese -style modern road"。This proposition is a historical summary of the modernization process since modern times,It is a scientific summary of Chinese modernization in the new era of socialism, especially in the new era of socialism with Chinese characteristics,,It is the theoretical basis for us to propose the "Chinese -style rule of law modernization road",It is also a theoretical paradigm that made a scientific interpretation of the "Chinese -style rule of law modernization"。
"Modernization" usually refers to the historical process and results of the transformation from traditional society to modern society。Modernization worldwide began in the rise of European capitalism,Modernization of Chinese society in the Enlightenment Movement of the late Qing Dynasty and the early Republic of China。Modernization of the rule of law in China began in the late Qing Dynasty。The formation and continuous expansion of the modernization road of Chinese -style rule of law is the great creation of human rule of law civilization,With unique historical processes and distinctive Chinese characteristics。
First,The modernization road of Chinese -style rule of law is the modernization of the rule of law。First,China is one of the earliest developed countries in the world,Legal civilization is an important component and obvious sign of ancient Chinese civilization,From the historical process, I have never interrupted。Second,We are advancing governing the country according to law under the historical conditions of different civilizations and mutual learning。third,We promoted the modernization of the rule of law in the era of globalization,State of building a socialist rule of law。fourth,We are the development of a large country with more than 1.4 billion people,Still in the primary stage of socialism。
Next,The modernization road of Chinese -style rule of law is a socialist road for modernization of the rule of law。Its essential characteristics are: first,The leadership of the Communist Party of China is the fundamental guarantee for the modernization of the rule of law in China。The party's leadership is the most essential feature of socialism with Chinese characteristics,Is the Soul of the Law of Socialism,is the fundamental guarantee for the modernization of the rule of law。Implement the party's leadership into the whole process and all aspects of the country in accordance with the law,It is a basic experience for the construction of socialist rule of law in my country,It is also the historical experience of the modernization of the rule of law in my country。Second,The people -centered is the fundamental value of Chinese -style rule of law。The people -centered,It is the fundamental political position of comprehensively governing the country in accordance with the law,It must also be the fundamental value of the modernization of socialist rule of law。third,Socialist system with Chinese characteristics is the fundamental cornerstone of the modernization of Chinese -style rule of law。The socialist system with Chinese characteristics is a great creation in the history of the civilization of the human system,With distinctive Chinese characteristics、Obvious institutional advantages、Powerful self -improvement ability,Political stability、Economic Development、Cultural prosperity、National Unity、Social peace、The national unity provides a strong guarantee,For the rapid economic development、The formation of the two miracles of long -term stability of society has created a good institutional environment。fourth,The theory of socialist rule of law with Chinese characteristics is the fundamental guidance idea of Chinese -style rule of law。The theory of socialist rule of law with Chinese characteristics is Sinicized Marxist rule of law theory,Xi Jinping's thought of rule of law is a collection of the theory of socialist rule of law with Chinese characteristics,It is the theory of contemporary Chinese Marxism of the rule of law、21st Century Marxism theory of the rule of law,Xi Jinping's rule of law ideas Guide the party and the people out of a new road to the modernization of Chinese -style rule of law。
Last,Chinese -style rule of law modernization road is a new landmark of human rule of law civilization。Since the establishment of the People's Republic of China,The practice and achievements of the construction of the rule bet365 live casino games of law in our country can be called the example of the development of the rule of law in modern world。China is the world's largest developing country。The Communist Party of China leads the people through hard exploration,Successfully walked out of a Chinese -style modernization of the rule of law,After more than 70 years, I have finished the journey of rule of law for hundreds of years in Western developed countries。Especially socialism with Chinese characteristics has entered the new era,The Party Central Committee leading the party and the people with Comrade Xi Jinping as the core insist on and expand the road of socialist rule of law with Chinese characteristics,Promoting the construction of the rule of law in my country has achieved the "law can be based on the law、There is a way to be、Law enforcement will be strict、illegal will be investigated "to" Scientific Legal Legal、Strict law enforcement、Justice justice、All the people abide by the law ",From governing the country from law to comprehensively governing the country,From the construction of a socialist legal system with Chinese characteristics to the construction of a socialist rule of law with Chinese characteristics,From the construction of the country of rule of law to the construction of the rule of law,From "governance according to law" to law and moral co -governance、Organic unity of governing the country according to law and governing the party in accordance with the rules,From "the rule of law" to "good law and good governance",Historical turns and major transformations from national rule of law to domestic rule of law and overall promotion of foreign law -related rule of law,Create a new road to modernization of Chinese -style rule of law,Created a new form of human rule of law civilization。We insist on the construction of the rule of law "change" and "unchanged" dialectical unity,Persist in top -down、By -directional interaction from bottom -up to promote the modernization of the rule of law,Adhere to the organic unity of based on the national conditions of the country and the experience of learning from the rule of law outside the region,"Western Centralism" in the field of the development of the rule of law。my country has formulated and issued the "Law of Law China Construction Plan (2020-2025)", "Outline of the Implementation of Social Construction of Law (2020-2025)", "Implementation Outline of the Construction of the Government of the rule of law (2021-2025)"。"One Plan and Two Outlines" is the new era and new journey to comprehensively advance the rule of law、Major measures to build the rule of law in China,It will definitely produce a significant and far -reaching role in the modernization process of Chinese -style rule of law,It will have a wide and profound impact on the civilization of human rule of law。
In the same historical period,In the process of promoting the modernization of the rule of law,Following the colonial rule of rule of law,Alfakening the Western rule of law model implementation of the rule of law reform,As a result, the autonomy of the development of the rule of law,Falling into a variety of development traps。Successful practice of Chinese -style rule of law,Makes us Qi Qi、Have confidence,Chinese wisdom、Chinese practice has made the great contribution of the Chinese nation for the construction of the world's rule of law civilization。
There are various models of rule of law in the world。New era in socialism with Chinese characteristics,The Communist Party of China reflects on the rigorous law of the rule of law models of ancient and modern Chinese and foreign rule of law, especially the ancient Chinese instrumentalism and the formalist rule of law system and its influence on contemporary China.,clearly proposed the concept of the rule of law of "good law and good governance",Emphasize the road of good law and good rule,Construction of the rule of law China that is good and good。
The so -called "good method",In summary,refers to respecting the protection of human rights、Maintenance fairness and justice、Promote harmony and stability、Guarantee reform and development、Law that leads social fashion,It reflects the will of the people、Reflecting public opinion and wisdom、In line with objective laws、Law that is convenient for compliance and execution。Specifically can grasp it in the four senses。The first is that the law should meet humanity、Humanities、Natural、Economy、Politics、Society, etc.,The existence and development law of various relationships as the object of legal adjustment remain consistent,instead of contempting the law、Resistance law。As General Secretary Xi Jinping said,"The core of scientific legislation lies in respecting and reflecting objective laws"。Thousands of years of history of the rule of law civilization fully Bet365 app download proof,The law should be able to hold it、、True Tube,Legislators must pay attention to discovering the law、Respect law、Reflecting the rules、Standard uniform,Make the law a law of science。Second, the law is well developed。Legal rights,Moderate behavioral standards determined by legal rules、You can follow、executable、Applicable,Right、Obligation、Responsibility,Open transparency,Standard uniform,Generally applicable,Continuous stability,Non -traceable past,rules and rules、Law and Law、The legal department and the legal department、Coordination between the physical method and the procedure method,Not contradictory, no conflict, etc.。Third, the law is well implemented。Not only the whole people consciously abide by the law,and the ruling party ruling in accordance with the law,Legal legislation of state organs in accordance with the law、Strict law enforcement、Justice justice。Fourth, the law reflects the good value of society,reflect order、Freedom、Democratic、Fair、Human Rights、Efficiency、Harmony、Civilization, etc. As the basic value of modern rule of law,where,The most fundamental is respecting and guarantee human rights、Maintain social fairness and justice。
In order to build a good rule of law China,First, adhere to the integration of socialist core values into legislation,Efforts to make each legisle conform to the spirit of the Constitution、Reflecting the wishes of the people、Get the support of the people。Second, we must adhere to the integration of socialist core values into strict law enforcement、Justice justice、Statistics of the whole people。Adhere to strict law enforcement,Promoting Truthfulness, Morning and Beauty、Fighting fake evil ugly。Adhere to fair justice,Give full play to judicial disconnection to punish evil and promote good function。According to the basic requirements of the core values of socialism,Improve the rules and regulations of various industries,Improve citizens、Township Regulations Council、Student Code and other behavioral standards,Make the core values of socialism a basic follow of people's daily work and life。Perfect the long -term mechanism of integrity construction,Increase the loss of public morality、The punishment for the lack of integrity,Efforts to form a good social fashion and social order。
China's enlightenment of the diversity of yin and yang in China
"Modernism in different forms of China and the West" is the most important subject in front of global scholars。As a jurist with Western cultural background,I support Chinese thought,At present, I teach at Beijing Institute of Technology,and has settled in China for many years。In my opinion,The modernity of different forms of different forms is the key entry point for understanding China and the West in the so -called "rules -based international order"。"Rule -based international order" is the concept proposed by Western countries,The scope involved is much higher than that of international law。Western use of "rules -based international order" to accuse Chinese human rights status,Interference in Chinese territorial sovereignty。The essence of it,"Rule -based international order" means that all world society should be free and democratic,Using the general election system and realizing open democracy。
Actually,This way of thinking does not comply with international public law,Because the conclusion of the international treaty must be based on the consent of the country。The opposite,The basis of this political philosophy is Western individualist thought、Market economy and "one person, one vote" type of popular democracy。The West advocates "rules -based international order" as "universal values",and require all countries and people to abide by these international order。The fundamental concept of focusing on the modern world in China includes the essence of authority、Interpersonal relationship、The participation of people in the domestic and international community。This problem is too complicated,Can't explain it in detail here。One key point is,The way China takes these two aspects is not new,but the continuation of thousands of years of history。But the recent scholar discovered,Nowadays, Chinese -style modern roads are more commonly adaptable than ever.。Take authority as an example,Chinese traditional Confucianism emphasizes the importance of social hierarchy,For bet365 live casino games example, the father is the son,、Jun is the counselor、Respect the elderly and respect the old。But,The rulers themselves are also subject to "the world"。Although there is no institutional although in this regard、Formal definition,But it can be understood as,"Those who are in the hearts of the immigration lose the world"。All strata of society are always subject to this constraint,Self -inspection at all times,Do your best。
A recently published by Dr. Bai Tongdong's research entitled "Against Political Equality: Confucian Cases" proposes to adjust and widely apply the vision proposed by Confucianism,This means,Except for deep history with China,Now Confucianism has also been used in the field of philosophy。The operation of the nation and world society requires complex organizations composed of well -trained personnel,They master the long -term development trend of society,Understand the extensive impact of national social behavior on each other。This requires that the voters who are not allowed to participate in the general election voting will determine their destiny with a trend of hard work,Because voters can easily be controlled by news or media institutions that are easily monopolized by oligarchs。other,In order to preserve common interests、Resistance to faction interests,We must adhere to the centralized unified leaders,In the general election system,This is difficult,It is even impossible to achieve。The particularly worth noting is,The Chinese government firmly controls the financial industry,Strengthen the supervision of it。Western free and democratic market economy countries that loans to private financial institutions have built a debt,可 可,Even threatening the entire international community。These and many other issues are authorized with authority and professional skills for professional knowledge and broad sense,Including the respect of wisdom accumulated through experience and qualifications。
In Western Society,This view is widely regarded as "patriarchal thought"。Since the Renaissance,Western ideology and culture first opposes any "world authority" thought,Later developed into an opposition family、All social level systems of other social groups or the country itself,Finally developed into current identity politics,That is, everyone requires the society to respect their own particularity unconditionally,This brings adverse effects to social cohesion。
I have studied this topic for a long time,This topic also received extensive attention in the Western academic community。I discussed this question in the first chapter of the "Philosophy of International Law" published in 2017。Important works in this field include "The History of Authority: Eternal and Changes" (2002)、British scholar Douglas Murray's "Crazy: Gender、Race and identity "(2017) and American scholar Joseph Vining (authoritative and authoritativeism" (1986)。The above is some scholars who studied when I studied this complex problem。Polarization that is closely related to identity politics and its interpersonal relationship is the second pillar of Chinese social thought,The location of a person in interpersonal relationships、The positive and negative nature of interpersonal interaction、Yin and Yang。When discussing western social thoughts,I particularly emphasized the following arguments: Western individualism is not a praise for human autonomy,Driven by hatred and anger,Individualism has unknowingly trapped in a negative competitive relationship。These arguments are proposed by French scholar René Girard in his French book "Research on Complete Clausewitz" (2007)。This book explores the French and Germans,The confrontation relationship between the Israelis and the Arabs and other ethnic groups。Pankaj Mishra (Pankaj Mishra) also inherited this idea in "Angry Age" published in 2017。
And my current research in this field is directly focused on the collapse of the international legal order of Western extreme individualist relations。This order can only lead to unilateralism of the tide,without investing hard and lonely、Persevere efforts to sort out the conflict relationship,Then achieve a delicate balance,that is, to maintain a moderate or tolerant tension in international legal relations。I will continue to explore this problem,This is an endless search for。I haven't found the answer yet。
I first discussed this problem in "The decline of international law" published in 1986 and recently replied.。The extreme subjective individualism bet365 best casino games rooted in the European Enlightenment,Emer de Vattel introduced this problem into international law。It is in this case,I finally thought of the complementary dual theory of yin and yang,It provides us with a way to respect the diversity of the country and individuals。Complement dual theory recognition,There are different society,It is impossible to be assimilated with each other,And mutual forgiveness and mutual diversity always exist in a tension tension。But,In the philosophy of yin and yang (positive and negative/bright and dark),Different interaction is the motivation to promote changes。An key fact that needs to be paid attention to is,In Chinese culture,Everyone is "interconnected",and it is impossible to take unilateral action,As soon as I go,Self -isolation。
Facing Chinese audience,No need to explain the philosophy of yin and yang,But I want to emphasize the following two points: First of all,Gillar and Mishra deeply realized,Individual segmented is a falsehood,People always live together in each other's imagination; followed by,Differences and diversity are not moral quality,That is, the black and white concept is not a moral level,Just indicate the nature of real body theory,The essence of existence。Despite this,"Existing essence"、The irresistible and diversity of individuals may be the most obvious in Chinese culture,This is not only the power and essence of Chinese culture,And the source of the potential universal revelation。
In the philosophy of yin and yang,Domestic thinking of hegemony、The dominant relationship of self -conflict is a disordered relationship,In the end, it will inevitably reset it on its own。Competition will also lead to many problems,According to the theory of Gelar and Mishra,The driving force behind the competition may be jealousy and hatred。The ideal partnership can always achieve subtle balance,This is because of brightness and darkness、Movement and Jing never stop spontaneously interact。We are different,This is the same in our society。Another powerful proposition to oppose the possibility of hegemony is,Society and individual interrelationships are very complicated,and are constantly changing,It is impossible for any society to be so arrogant,Think that it can rule all other society。Our relationship not only includes face -to -face relationships,It also includes back -to -back relationship。No one can take care of all directions at the same time。
The new exploration of socialism with Chinese characteristics in the modernization process
"New Road to Modernization" refers to the modernization process of China selected by sovereignty。Refers to the economic model adopted by capitalist countries without blindly introducing capitalist countries,Economic solutions stipulated by multilateral financial institutions。China is in the process of promoting development and modernization,It will consider its national wisdom and efforts,and geography and natural resources。And this is why it is called the "Chinese -style" modern road。It is in line with China's national conditions but may not be replicated for other countries。
Generally speaking,China has established a unique mode of governing the country for its modernization。This fact can also explain the so -called "socialism with Chinese characteristics"。China's governance mode of governing the country shows its effectiveness in the process of comprehensively building a well -off society。China's political system is developed from China's internal reality and external environment。Studies on these issues,Even if it is not fully applicable to other countries,It can also become the source of new ideas and new experience,helps to think about the real problem we face。In other words,It is necessary to consider the reference of the modernization process of socialism with Chinese characteristics as a reference for research to promote overall development。
China's successful control of the epidemic spread in China and eliminate recent results of extreme poverty,shows the efficiency of Chinese governance of the country and the legitimacy of adhering to the leadership of the Communist Party of China。In sharp contrast to these successful formation is,The United States fails to control the epidemic,The problem of inequality in domestic society intensified。This can be seen,Determine whether a country will be more prosperous、Developed and social fairness is not GDP,Instead, it is a mode of governing the country with systems and concepts。China's modernization process is aimed at the well -being of the Chinese people。This is the core of socialism with Chinese Bet365 app download characteristics。Its development concept includes leading the people of the country to modernization。Comparison of comparison,Many Western countries have not cared about the people,Sometimes even hostile to the people。
China except for success in China,The influence on the international stage is also increasing,Treatment of global attention。For this,Many analysts have expressed their opinions,Socialist supporters also feel excited,But at the same time, it also aroused criticism and strong dissatisfaction of some opponents。Few foreigners will take the initiative to understand China's changes,Few foreigners will consider allowing China to reach the actual conditions of the current development stage in the domestic field and the world。I think Western countries,and Western cultural regions including Brazil know almost nothing to know China。This is mainly because the politicalization of the epidemic has exacerbated the psychological psychology of many countries,Cold War -style remarks depict China as the threat of Western democratic countries。countries that are dissatisfied with China's rise have spread these remarks。They try to give China a business、Culture、Academic and other people to make obstacles。Researchers who are dedicated to studying China instead of appearance,This challenge is even more significant。The more our research and understanding of China,The more our opinions are deviated to the starting point of the starting point of many views published by the West。Many foreign analysts will make at least two errors when talking about China。The first is ignoring China's history,Disclosure from a wider cultural and historical background to interpret this country。The second error is to explain the concept of the 20th century to try to understand the 21st century。
Wish to know,The Communist Party of China was founded in 1921。At that time, Chinese society was under the turbulent political and cultural background,Ten years ago, founded by the Communist Party of China,Chinese society has ended the feudal system of the dynasty era entered the Republican period。The establishment of the People's Republic of China in 1949,It is an affirmation of the "Republican Plan" led by the Communist Party of China now。2021,When the 100th anniversary of the founding of the Communist Party of China,The Communist Party of China celebrates that China has eliminated extreme poverty,This is unprecedented achievement in Chinese history。Elimination of extreme poverty indicates,China has realized the following republican principles,That is, the state is established to ensure the general interests of citizens。Republican government takes public interests and universal interests as the country's operating principles。
Why do I emphasize the republic of Chinese country and its governance model? I think,This is because it defines the initial commitment of the Chinese Communist Party in its first century -old promise。Republican system is a government form,It means that the state must serve the general interest of citizens。This concept is the core of China's political process。So,It is necessary to look at the role of the party from this historical perspective。Realize republic culture in national institutions,It is a basic condition that promotes the public in other forms to determine the direction of the country。In many Western democratic countries that claim to be a republic,,The exercise of power is only conducive to people of a small number,instead of the people。The rule of the ruler is the first to help the interest group that helps them。In these democratic countries,The people are eliminated outside the country's wealth,Wealth is concentrated in the hands of a few people。
On the contrary,Many poverty and social exclusion phenomena of many western democratic countries are continuously intensified。They are democratic countries with dysfunction,Because they are based on the appearance of the so -called "people participation"。And this participation is considered considerable。Democratic countries with functional disorders only guarantee citizens' voting rights,instead of guaranteeing the basic rights of citizens who have lived a decent life。Democratic countries with dysfunction of these functional disorders have thrown away the country's promotion of national health、All responsibilities in security and education,Transfer the burden of survival to the people's shoulders。They often use the name of "elite politics" to explain the survival pressure of the Bet365 app download people,Indifferent people's poverty。Strange thing is,Western countries want to discuss democratic issues,Transfer the burden of survival to the people's shoulders。
but,To achieve a goal of becoming a developed society by 2049,There is still a long way to go in China,There are many challenges in front of them。It is true,In the official words of the Communist Party of China,"Governing the country according to law" is not a new theme。But currently,This theme increases new dimensions。The Fourth Plenary Session of the 18th Central Committee of the Communist Party of China in 2014,Research and deployment for the first time in the form of a plenary research and deployment promotes the history of governing the country according to law。Socialist rule of law with Chinese characteristics refers to adhering to the party's leadership,but must be according to national laws,In the process of self -binding power,Exercise for collective interests。So,The legitimacy of the party in front of society will become increasingly related to the Chinese people's understanding and efficiency of public policies,and understanding of respecting laws and legal legitimacy。In other words,The important thing should be the content of the law,instead of formal。China's legal culture has returned to the relationship between law and morality。
We need to understand China's legal system from this background。To improve these aspects,The Fourth Session of the Thirteenth National People's Congress held in March this year has revised the "Organization Law of the National People's Congress" and procedure rules that have been implemented for more than 30 years.。For this reform,It is necessary to mention the five basic aspects of Chinese -style democracy: first,Legal procedures began to play an important role in the decision -making process; second,The role of the National Supervision Commission will be improved; third,Reform will strengthen the protection of people's representatives to perform their functions; fourth,People's representatives must keep close contact with their election units; fifth,Major legislative decisions must be more and more scientific,"Outlook on Scientific Development" that conforms to the entire process of economic development in China。
The next challenge is to let the rule of law culture take root in the masses。As far as I know,The Chinese government believes that the current stage is still in the primary stage,Before entering the next stage,This may mean that it is necessary to promote the development of Chinese socialist democracy。Deng Xiaoping once said,"To protect people's democracy,It must be strengthened "。
Studying China's governing the country's governing government can expand the possibility of national modernization、Content、Methods and concepts。It is because of its originality on the new path of modern Chinese -style modernization,China has become a reference that is worth studying and understanding。
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