[Academic China · Law] The value structure and function of the rule of law road with Chinese characteristics
October 19, 2021 09:27 Source: "China Social Sciences", October 19, 2021, Issue 2268, Mo Jihong

The "Decision of the Central Committee of the Communist Party of China on Several major issues of the Governance of the country in accordance with the law" (hereinafter referred to as "Decision"), which was reviewed and approved by the Fourth Plenary Session of the Eighteenth Central Committee of the Communist Party of China The concept of road "and its related propositions,This is an important milestone in the theory of socialism with Chinese characteristics and practical development,Highlighting the "road self -confidence" of socialist construction of Chinese characteristics。"Road to the rule of law with Chinese characteristics" not only inherits and draws on the value essence of various concepts of the rule of law in ancient and modern Chinese and foreign,and the practice of the construction of the rule of law with Chinese characteristics,I have proposed a lot of unprecedented rule of law,formed a scientific and systematic legal value system,It provides valuable experience for the development and improvement of the civilization of the rule of law in human society。Now,It is easy to understand、Concise legal term、Legal language and logic tells the world of rule of law to the world,Not only helps to scientifically express the value characteristics of the "road of socialist rule of law with Chinese characteristics",And can more clearly plan the development direction of socialist rule of law with Chinese characteristics,Based on the value chain of the means and purpose of means and purpose, comprehensively promote the work of governing the country according to law,Constantly expanding the depth of Sinicization of Marxism theory of the rule of law,Comprehensively explained the theoretical connotation of Xi Jinping's thinking of the rule of law,Scientifically constructing the theoretical system of Xi Jinping's thinking of the rule of law,The country of rule of law、The construction of the government of rule of law and the social construction of the rule of law is pushed into deepening。

Where does the source of confidence and power of the road of socialism with Chinese characteristics come from? Its basic method value connotation、What is the value system and function? These issues are major theories and practical issues that the public must clarify Bet365 lotto review the public with the road of socialism with Chinese characteristics.。The value of the legal value of socialist rule of law with Chinese characteristics can have three levels of method explanation methods。

First, the core values ​​of socialism are the basic value of the road of socialist rule of law with Chinese characteristics,Socialist rule of law with Chinese characteristics cannot be separated from the core values ​​of socialism to establish its own legal goal and build a legal value system。November 8, 2012,In the report of the 18th National Congress of the Communist Party of China, the "three advocates", that is, "advocate rich and strong、Democratic、Civilization、Harmony; advocate freedom、Equality、Justice、rule of law; advocate patriotism、Dedication、Integrity、Friendly。Actively cultivate and practice the core values ​​of socialism "。This is an important assertion made by the Communist Party of China to condense the value consensus of the whole party and the whole society。The core values ​​of socialist core values ​​with "three advocates" as the core essentials,Reflected at the level of the construction of the rule of law,It must be used to ensure that the core values ​​of socialist core values ​​must be enabled by the rule of law。The rule of law is an important part of the core values ​​of socialism,At the same time,The rule of law is an important institutional guarantee for the core values ​​of socialism。The road of socialism with Chinese characteristics must hold high the flag of socialist core values,The rule of law that deviates from the core values ​​of socialism is unreliable,Not only lacks the most basic value basis,and it is impossible to guide people's behavior in practice to be active。

The fifth amendment of the current Constitution passed on March 11, 2018 clearly clearly writes the "socialist core values" into the constitutional provision,Make the core values ​​of socialism into the value system of socialist law with Chinese characteristics,and become the core value of the legal system of socialist rule of law with Chinese characteristics。The value target of the road of socialist rule of law with Chinese characteristics is to build rich and strong at the national governance level、Democratic、Civilization、Harmony、Beautiful socialist modern power country。Socialist modernization of socialism with Chinese characteristics is a strong country of rule of law,Governance of the rule of law is Xingbing,The rule of law is strong if the rule of law is strong; the road of socialism with Chinese characteristics needs to be "freedom、Equality、Justice、The value concept of the rule of law "Construct a scientific, reasonable and efficient legal system Bet365 lotto review and legal operation mechanism,Improving the rule of law as the basic method of governing the country as the basic way of governing the country; the road to the rule of law of socialism with Chinese characteristics requires active cultivation of citizens' rule of law,"Patriotic、Dedication、Integrity、Friendship "and other are the basic moral requirements and legal bottom line of the rule of law in the rule of law in the rule of law。So,Socialist rule of law with Chinese characteristics must first be promoted by promoting the core values ​​of socialism as an important goal for the pursuit of the value of law,Between the two is a complementary mutual promotion relationship,Instead of contradiction and opposite relationship。

Second, the five basic principles that must be adhered to in accordance with the law in accordance with the law are the core elements and value starting point of the value of the law value of socialist rule of law with Chinese characteristics,The comprehensive advancement of the five basic principles of governing the country by the Fourth Plenary Session of the Eighteenth Central Committee of the Party to build the five basic principles of governing the country in accordance with the law to build a law value system for the rule of law of the rule of law with Chinese characteristics。"Decision" stipulates: comprehensively promote the rule of law,The general goal is to build a socialist rule of law with Chinese characteristics,State of building a socialist rule of law。To achieve this general goal,The following principles must be adhered to: adhere to the leadership of the Communist Party of China; adhere to the status of the people's subject; adhere to the equality of everyone in front of the law; adhere to the combination of governing the country according to law and the country; adhere to the actual departure of China。"Decision" The above provisions actually described the relationship between the means and goals in the legal value system of socialist rule of law with Chinese characteristics,That is to say,To realize the construction of a socialist rule of law with Chinese characteristics、"General Objectives" for building a country of socialist rule of law,We must adhere to the leadership of the Communist Party of China、Adhere to the position of the people、Persist in equal people in front of the law、Adhere to the combination of governing the country according to law and morality、Adhere to the "rule of the rule of law" and "the implementation path of the rule of law" from the actual departure of China,And these methods and paths are all at the macro policy level,The characteristics and significance of the development strategy of the rule of law,reached the theoretical height that the theory and theory of the rule of law and the doctrine of the rule of law in ancient times and modern times。

Third, the "eleven persistence" bet365 best casino games proposed by General Secretary Xi Jinping's comprehensive promotion of the country in accordance with the law is the basic connotation of the legal value system of socialist rule of law with Chinese characteristics,"Eleven persistence" not only reflects the value target of the road of socialist rule of law with Chinese characteristics,It is also the spirit of the basic rule of law promoted by the road of socialism with Chinese characteristics。"Eleven Persistence",Adhere to the party's leadership of the party's comprehensive rule of law、Adhere to the people as the center、Persist in building a high -quality rule of law work team with both morals and talents and insisting on grasping the "key minority" of leading cadres,The above four "persistence" actually involved the subject theory of the rule of law relationship。Starting from the establishment of a good and orderly order level of rule of law relationship value system,Party Leaders、people -centered people、High -quality rule of law work team and leading cadre as a "key minority",In the "Eleven Persistence",and in the position of the most important key subject,fully reflects the "subjectivity" feature of the legal value system of socialist rule of law with Chinese characteristics。This flag that highlights the value tendency of the "subjectivity" element of the construction of the rule of law is the theoretical character that is not possessed by Western capitalist rule of law,Highlight the theoretical self -confidence of the road to the rule of law with Chinese characteristics。Example of the representative rule of law theory that the law of law and science in modern Western national laws and sciences,Ru La La's "Eight Principles of the Law", although in detail the basic elements that constitute the rule of law,However,Obviously,There is a legal defect that is isolated from the subject of the relationship between the rule of law from the rule of law。In fact,The rule of law in any form is inseparable from the factors of governance subjects,The rule of law in the sense of complete abstraction and formalism is difficult to have universal binding power。

Another example,In terms of legal relationship theory,From the object of the rule of law relationship in the abstract sense of legal relationship,Usually pointing to the legal specific interests that the subject wants to obtain the subject of the rule of law。But in most cases,The object of the rule of law does not have a clearly visible "target",For example,Social Organization and individuals of citizens participate in the maintenance of national security activities organized by the national security organs,Obviously the object of the rule of law can be expressed as "sovereign", "security" and "development" interests,bet365 best casino games But whether the interests of "sovereignty" and "security" and "development" can be identified by specific "subjects",However, it is an institutional that cannot be completely confirmed。Analyzing the value characteristics of "eleven persistence" based on the theory of the rule of law relationship,"Socialist Law System with Chinese Characteristics", "State of the rule of law", "rule of law government", "rule of law society" can be regarded as the "object" of rule of law relationship,but,How these "objects" are implemented on the specific "subject matter" to screen,It is difficult to confirm the system。but but,From "Eleven Persistence" highlights the establishment、Government of rule of law、From the perspective of the construction of the integration of the society of rule of law,The object of the relationship between rule of law has also been clearly emphasized,The subject of the relationship between the rule of law constitutes the basic logical element of the rule of law relationship。Compared to the theory and theory of the rule of law, the theory and theory of the ancient and modern Chinese and foreign,,The road to the rule of law of socialism with Chinese characteristics through the "11 persistence" rule of law relationships,More clearly expressed the important mission and task of the ultimate value goals and system construction of socialist rule of law with Chinese characteristics.。

Only the above three levels of legal value system,You can scientifically and effectively grasp the legal value system and the basic characteristics of the structure of socialist rule of law with Chinese characteristics,Effectively grasp the certainty of the value goals of the rule of law of the rule of law with Chinese characteristics,Further strengthen the confidence and determination of the rule of law of the rule of law with Chinese characteristics。

From the perspective of the practice of rule of law,The value elements of the legal value of the rule of law of socialism with Chinese characteristics can completely make themselves universal through the "coordinated" method。General Secretary Xi Jinping emphasized at the central government's comprehensive management meeting of the country to rule the country in accordance with the law.,The core "essential" here is the word "coordinated"。Coordination is a Chinese word,meaning to be planned for the pass,From the Modern History of China, "Taiping Heavenly Kingdom · Shi Zhizheng Archives": "Once the job is everywhere with the members of the gangsters after the good afterwards,Not surprising the difficulty of surprise。"" "" "coordinated" in modern Chinese usually refers to comprehensive consideration of factors in various aspects to make decisions,is a way Bet365 lotto review of thinking in the sense of systematic theory。The "overall planning" research generated in this sense how to implement the relevant model of overall management management in the whole process of achieving overall goals、Methods and means,It is a discipline branch of the cross -crossing of mathematics and social science。"Coordinating to promote the rule of law and foreign law -related rule of law" is very clearly expressed by the scientific method of dealing with the relationship between domestic rule of law and foreign law -related rule of law,That is to comprehensively consider the relationship between the two,From the perspective of systematic theory, the system connection and value distinction between domestic rule of law and foreign -related rule of law,Realize the "co -construction" and "co -advancement" of the two。

Socialist rule of law with Chinese characteristics adheres to the use of "coordinated" methods to learn from and absorb the excellent and reasonable value elements of the value of external rule of law,Domestic law and international law、Seek a "binding point" for the best law value between foreign law。"Coordinating" international rule of law、During the process of foreign rule of law,The excellent and reasonable value of the rule of law in the rule of law in China will inevitably penetrate into international rule of law and foreign rule of law。As long as "peaceful development" is the fundamental goal of the legal value of the rule of law of the rule of law with Chinese characteristics,So,The value of the law of the rule of law in China will inevitably affect the external world in an active and passive way,This is the objectivity and inevitable of international exchanges between the "Belt and Road" initiative to implement and build the "Belt and Road" initiative to implement and build a community of human destiny.,It is also the confidence and determination to follow the road of socialist rule of law with Chinese characteristics。So,Only with a further open attitude to promote the construction of China in rule of law,can we firmly follow the road of socialist rule of law with Chinese characteristics,The more national,The more the world, the more the world。The value system contained in the road of socialist rule of law with Chinese characteristics can rely on its own science、Practice and theoretical persuasiveness and the action in practice to show their universal significance,and make your own positive contribution to the development of the rule of law in human society。

Editor in charge: Zhang Jing
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