According To The Law Governing The Research

The theory of governance according to law mainly consists of the following conceptions: governance, the style of governance, and governance according to law. Governance according to law, the universal law in the western law-ruled countries dominated by political parties, is guided by the modern law-ruling spirit, idea and principle. Elements of governance according to law include the subject, object, content, goal, impetus. Governance according to law, as the prevalent governance style in the modern democratic country ruled by law and dominated political party, connotes self-evidently the following principles: democratic principle, law-ruling principle and the principle of check and balance. China is now undertaking to build a socialist country ruled by law and introducing modern law-ruing spirit, idea and principle, which in turn provides a political space and legal basis for CPC to adopt such a governance style.In China the establishment of the conception of governance according to law has undergone a series of winding and reversal stage. Such a concept came into germination in the period of New-Democratic Revolution, into a further exploration period after the foundation of PRC, into a pause after the Anti-Rightist Element Movement, and finally into the formal operation after Reform and Opening-up. Such a theory not only enriches but also advances the governance theory of CPC, the theory of running the state according to law. At present, governance according to law is the basic resources for CPC to secure its legitimacy in the course of ruling the state, the basic route to build a socialist country ruled by law, and the effective form to realize the organic unification of the leadership of CPC, rule of law and people's democracy.This research, based on examining the history of China's legal construction, the historical evolution of the relation between CPC and law, CPC and state power, have first elucidated the connotation of governance according to law by CPC, then analyzed its structural element, based on which the exploration of the specific style of governance has been carried on.Based on the theoretical analysis mentioned above, this research has cut into the practice of governance according to law by CPC around the relation between CPC and legislature, between CPC and jurisdiction, and finally between CPC and administration.The relation between CPC and legislation has undergone a winding development. At present, the style that CPC leads people's congress, the legislative organ at various levels, is being improved constantly, and the independence of the legislation has been on the rise. However, there are lots of defects which can't be ignored between CPC and legislation which can found its systematic origin in the informal and illegal relation between CPC and legislation. This research has probed into the should-be relation between CPC and legislation from the perspective of the relation between the policy of CPC and the legislation, between governance according to law and the legislation under the leadership by CPC, between governance according to law and the authority of legislation.The relation between CPC and jurisdiction has undergone an evolutionary change lasted for more than half of a century which began with the adventure of the New Democratic Revolution. A prominent transition has took place in the relation between CPC and jurisdiction after the reform and open-up, especially after the strategy of ruling the state according to law has been put forward. At present, the relation between CPC and jurisdiction is far from meeting the requirement of governance according to law. This research has explored the route to implement governance according to law in the judicial field from the following three aspects: governance according to law and judicial functions, governance according to law, judicial authority and independence, governance according to law and judicial responsibility.The historical and realistic state of the relation between CPC and administration has formed a background in which the should-be relation between CPC and administration has been probed into according to the requirement of governance according to law. The original cause leading to contradiction between CPC and administration which up to now has not been treated correctly in practice can be found in the following aspects: the new thinking characterized by rule of law has not been uphold in the course of handling the contradiction between CPC and administration. The Countermeasures can be summarized in the following two aspects: on the one hand , to legalize the influence that CPC exerts upon the administrating subjects; on the other hand, to realize the legal influence that CPC exerts on the administrative behaviors.