The 15th National Congress of the Communist Party of China formally established "ruling the country according to law" as a strategic policy with overall situation and long-term. Building a socialist country ruled by law is one of the party's three major struggle programs, that is, the socialist political system built in China is a modern country ruled by law.
Governing the country according to law is not a plan of rights and interests, nor is it a whim of some leaders. It conforms to the objective law of historical development, is the realistic requirement of social progress, is an important requirement for realizing the long-term stability of the country, promoting democratic politics under the leadership of the party and promoting human civilization, and is also the common aspiration of the people of the whole country.
From the perspective of system, because China implements the multi-party cooperation system under the leadership of the Party, in modern western countries, it is only a party-government relationship problem related to the relationship between the ruling party and the government regime, while in China, it is a major issue related to the overall political development of China and determines the political nature and present situation of China. For a long time, the relationship between the party and the government in China has gone through the process from "ruling the government by the party" to "replacing the government by the party" and then "separating the party from the government", which highlights the party's absolute leadership over the organs of political power. All major issues that belong to the principles and policies must be discussed and decided by the party Committee, and then implemented separately. This overemphasizes the party's political leadership and ignores the party's organizational leadership and ideological leadership. The system of people's congresses in people's democratic countries and the system of multi-party cooperation and political consultation under the leadership of the * * * production party cannot be truly implemented and embodied. The superiority of socialism cannot be brought into play. To govern the country according to law is to emphasize the supremacy of the authority and dignity of the law, straighten out the relationship between the party and the government, and the relationship between the government party and the people's congress, and restore the true colors of China's constitutional system at the legal and political levels. Only by taking back what the people's congresses and party committees should do as stipulated in the Constitution can we truly realize a social state of "legal attendance".
Considering the most imminent reality, governing the country according to law is the objective requirement of implementing market economy. All kinds of problems in the construction of market economy with socialist characteristics need a set of rule of law principles that can be used as scientific standards, have great authority and have certain fairness as a guarantee. After the Third Plenary Session of the Eleventh Central Committee, the whole party and the people of the whole country shifted their attention and work center to socialist modernization, and began a new historical period of socialist construction in China. This requires giving full play to the important role of law in adjusting economic relations, taking the smooth progress of economic construction as the primary purpose of legal development and taking economic construction as the center as an important principle of legal development. Only by adhering to the construction and development of the legal system centered on economic construction can the legal system provide a good social environment for socialist modernization. The construction and development of the legal system should not be blind and random, but should be carried out in a planned and conscious way. And this kind of planning and awareness should reflect China's current basic line. The progress of socialist economic construction affects all fields of the whole society, that is, it promotes the development of all fields, but it is also restricted by the development of all fields. To ensure the smooth progress of economic construction, we must establish an orderly social environment with the legal system. The establishment of this social environment should take care of all fields of the whole society, but there is a premise that economic construction must be the center. For example, the development and perfection of China's intellectual property legal system, on the one hand, protects the fruits of intellectual labor and promotes the development of cultural undertakings; On the other hand, it also promoted economic development. The Trademark Law not only establishes the protection of the exclusive right to use trademarks, but also creates a good market environment for fair competition. The construction and development of the legal system adhere to the economic construction as the center, which can establish the major strategic principles and policies of the party and the country for economic development in the form of law, make them standardized, cultural and easy to operate, give them universal binding force, and ensure their implementation with national coercive force, so as to better maintain the continuity and stability of the strategic objectives of socialist modernization and ensure the smooth progress of socialist modernization. 1993165438+10 In October, the Third Plenary Session of the 14th Central Committee of the Communist Party of China adopted the Resolution on Several Issues Concerning the Establishment of the Socialist Market Economic System, which further deepened the above constitutional amendment from the party's policies. It clearly puts forward to establish a socialist market economic system and attaches great importance to the legal system construction in the construction of socialist market economy. It pointed out: "To establish and improve the socialist market economy, we must have a complete legal system to regulate and guarantee it. We should attach great importance to the construction of the legal system, realize the unity of reform and opening up and the construction of the legal system, and learn to manage the economy by legal means. In the process of regulating the market by law, promoting the transformation of social and economic forms, integrating social problems and reducing the crisis of institutional legitimacy, the socialist rule of law is also becoming more and more perfect, and the rule of law in China has begun to take shape. From a philosophical point of view, this reflects the objective law that the economic base determines the superstructure, and the superstructure reflects and serves the economic base.
In addition, legal civilization belongs to the category of institutional civilization. In the construction of socialist material civilization, spiritual civilization and political civilization, the legal system plays a special role, and the formulation and implementation of legal policies reflect the wishes of the overwhelming majority of the people. A civilized society ruled by law rejects paternalism, which is superior to autocratic, highly centralized and unrestricted government power. Therefore, the rule of law reflects the development law of things and the development direction of human society. Governing the country according to law is not only a guarantee for the efficient and sustainable development of the construction of two civilizations, but also an important symbol of human social civilization.
Judging from the law of historical development, "law" is the embodiment of justice and fairness at home and abroad. In the long river of historical development of human society, the content and form of law have changed several times, but they are closely related to the material civilization and spiritual civilization of their time and correspond to each other. "A history of legal thought from low level to high level is the epitome of the development history of the whole human civilization from low level to high level." Of course, there is absolutely no justice and fairness in a complete sense, because the limitations of history have bound people's thinking and consciousness. Therefore, although the laws of class society are unreasonable, the spirit of justice required by the law itself is unchanged, and it gradually tends to be true justice and fairness with the development of the times.
Judging from the historical experience and lessons, we once gave up democracy and trampled on the law, which led to poverty and backwardness of the country for more than ten years and almost ruined the party and the country. After ten years of catastrophe, the producers in China, led by Deng Xiaoping, made a profound reflection and summary on how to ensure the long-term stability of the country. And finally found the answer to the question: "seriously establish socialist democracy and socialist legal system." In several speeches, Deng Xiaoping summed up this truth in vivid and incisive language: the construction of legal system must be combined with the construction of democracy, the legal system should be stable, and the will of law will always be higher than the will of leaders. In many of his early discourses, although the concepts of "rule by man" and "rule by law" were not used, the main connotation of the rule by law, the obvious characteristics of the rule by law being superior to the rule by man and the relationship between them were summarized brilliantly and thoroughly from the perspective of politicians. Later, he pointed out more clearly that the road of governing the country according to law through reform is the fundamental guarantee for the long-term stability of the country. The practice since the reform and opening up shows that it is precisely because we have constantly played the role of law and established the general plan of governing the country according to law that the construction of democratic politics has made great progress and the state power has been consolidated unprecedentedly.
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