| The Political and Judiciary Commission (PJC) under the Committee of the CPC isa unavoidably important question in the practice and theory of the construction of ruleof law (ROL)in the contempory China, but it is a no-fully-explained phenonmen. Onthe one hand, the leadership of CPC and the constrction of rule of law with Chinesecharacteristics decide the important role of the PJC. On the other hand, thecontradiction and obstacle in the connection between the political and judicial (P&J)traditon and the tradition of ROL, the P&J framwoke and the ROL framwork plungethe PJC in dilemma of the ROL construction, and trigger more disputes on theorientation of the the PJC.With this as a premise, the PJC of X county Z city Lprovince as preference, efforts have been directed to the orgnization structure,operating mechanism, political function of the PJC, and the internal relation bewteenthe PJC and the ROL construction under the dynamic political system.The PJC is a political department in the very first place, and then has importantfunction in the Chinese construction of ROL. To completely comprehend the PJC, itshould be restored to Chinese political system and practice. Only after finding out thestructure and function of the PJC, can we acurately grasp the internal relation betweenthe PJC and Chinese construction of ROL. Today, all classes of the PJC have been thefunctional departments of CPC committee above the county which lead the politicaland judicial work, and they extend their organization structure relying on thecomprehensive governing net, possessing important status in our political system. Theoperational process of the PJC is an important constituent part of our political process,which has significant function in inputing information of the construction of rule oflaw, social stability and social comprehensive governing, and in the making andimplementing policy. From the perspective of the maintenance and development of thepolitical system, the PJC plays the role of political recruitment and politicalsocialization. On the policy level, the main activities taken by the PJC reflect a new change of China's political and legal policy---from mandatority to capacity, frompublic order to social management, from dynamic condition to ordinary state. The PJCis the propeller of China's construction of ROL because of its importance. It is theunavoidable path dependency that the construction of ROL should be characterizedwith Chinese feather, based on P&J legal tradition and institution system, and beenunder the leadership of CPC.However, these two-type traditions don't correspondperfectly, and their rebellion and conflicts are intensively reflected in the process ofPJC operation. The PJC also faces institutional dilemma during the active promotion ofChinese construction of ROL. In order to give full play to the positive role of the PJC,and to promote the integration of traditional P&J system and modern framework ofrule of law, it becomes a central point that the PJC should be reformed in ourconstruction of ROL and the self-improvement process of our political system.With the above thinking as a basis, this paper has been divided into three parts,namely introduction, main body and conclusion, in which, the main body is furtherdivided into six sections, the organization structure of the PJC, the operationalmechanism of the PJC, the system function and the policy function of the PJC, thepropelling function of the PJC in our construction of ROL, the predicament of PJC inour construction of ROL, and the reforms of the PJC in our construction of ROL.Theformer three chapters mainly draw the outline of the sructure and function of the PJCwith the technique of sketch, from its attribute of political department; the latter threechapters are analysis of the interal relation between the PJC and our construction ofROL and the reform trend of the PJC.Chapter one mainly on the basis of theory of political sociology andorganizational sociology, the organizational structure as the entypoint for shetch, thestructural orientation in CPC organizaton above county within the phas been madeclear,together with its structural relation in the socail governing net from its functionextending.With this as basis, combining with the environment in which the PJC hastaken shape and runs, two basic characteristics of the PJC have been analysed: theabsolute lead of CPC to the P&J work, and the comprehensive applying of thegoverning resource.Chapter two employs the analysis frame of the structural functionalism school inthe comparative politics, the process level of the political system as the angle of view,the operating mechanism and the process function in the political opration of the PJC have been investigated. Combinig with the empirical investigation of X county, it canbe made clear that the oprating mechanism of the PJC consist of inputting mechanismand outputting mechanism, whicn has important effect in the making and outputting ofpolicy of P&J, comprehensive governing, and stability maitaining. The PJC interactwith other departments in the political system and the environment outside the politicalsystem.Chapter three continually employs the analysis frame of the structuralfunctionalism school in the comparative politics, to analyse the systematic and policyfunction of the PJC. In terms of the former, the PJC has more functions in theadmisson of judicial and public security officers, which includs guiding function,coordinating function, assisting function in the appointing and dismissing of the P&Jleading officials, and incentive function, and impels the role socialization of judicialand public security officers by the means of political loyal education, disciplnary styleeducation, and ROL ( legal ) concept education. In terms of the latter, the activity ofthe PJC has reflects the development and change of our social regulation policy, whichcan be grasped by three keywords:"striking-hard","comprhensive governing"and"stability maintaining".Chapter four switches to the very first aspect about inner connected analysisbetween the PJC and the construction of rule of law, and puts forward the promotingrole acted by the PJC, the connotation of which could be grasped from rule of law andrecognition, power constraints, and right relief. The concept of purpose in the Traditionof Politics and the mass line do help to compensate for the missing dimension of time /experience"in our old traditions, and to establish the foundation of life of legal faithformation. Supervision by People in Marxism and the Political- AdministrativeSplitting Theory constitute the theoretical basis for the PJC supervision over lawenforcement, while its action could provide empirical supports. The PJC right reliefmechanism makes up effectively for the right to remedy loopholes in the state ofimperfect rule of law, and to provide authoritative support for the Transition Period ofChina's right to relief, the real correction and structural integrationChapter five is the second aspect, which gives inherent correlation analysis toexplore the Institutional predicament in the construction of rule of law. This dilemmacomprehensively reflects the inherent contradiction of China's political modernization.This could be understood from transition of the authority, structural differentiation and the people involvement, taking Huntington's political modernization theory as aframework. The so-called institutional dilemma is made up of the authorizedweakening in reshaping authority, the functional confusion in the structuraldifferentiation, and the participating congestion in mobilizing.Chapter six gives access to the reform of PJC, from the micro, meso and macrolevels. From the micro level, the fundamental rights guarantees must be adhered to thebottom line, which also constitutes a powerful fulcrum for the pJC reform. From themeso level, the systematic construction of the PJC's own form of organization andoperation mode is the intermediary link of the reform. From the macro level, it shouldbe started from the internal contradictions of the legal construction of China, and itshould actively play as the macro - and co-coordinating role to resolve China's deepproblems during the construction of the rue of law.. |
