The Study Of The Socialist Rule Of Law Idea With Chinese Characteristics

The rule of law idea is the inherent power of the development of rule of law. As the product of legal practice, the rule of law idea is closely related with certain historical conditions and backgrounds. Based on the contemporary China’s conditions, and guided by the Marxism legal idea, the socialist rule of law idea with Chinese characteristics is gradually established and developed by the Chinese Communist Party through constant practice, exploration, learning and absorbing the outstanding achievements of human civilization and rule of law in the practice of socialist legal construction progress. It is a scientific answer to "What is the socialist rule of law" and "how to build the socialist rule of law", which are the major theoretical and practical issues. By depth study of the theoretical origins and historical context of the socialist rule of law idea with Chinese characteristics, this study sought to analyze the contents and logic of the socialist rule of law idea with Chinese characteristics, to explain it’s characteristics and values, and to explore the issues of fostering it, which is of great academic and practical significance.Focusing on the socialist rule of law idea as the core concept, by integrating the Marxist theory, the CPC’s history, political science, history, law and other basic theory and methods, this study systematically researched on the issues related with the socialist rule of law idea with Chinese characteristics.Chapter1. Analyzing and summarizing the theoretical foundation and origins of the socialist rule of law idea with Chinese characteristics theoretically. Legal idea of Marxist classical writers and their sinicization are the theoretical foundation and primary origins of the socialist rule of law idea. The traditional Chinese legal thinking of rule of law is an important cultural resource, while western capitalist rule of law idea provide a useful reference.Chapter2. Examining the origins, evolution and establishment of the socialist rule of law idea with Chinese characteristics from the historical point of view. The sinicization of Marxist ideology is constantly evolving and developing with CPC’s legal exploration and the formation of the socialist rule of law idea with Chinese characteristics. The idea of socialist rule of law is in the bud of legal system exploration during the time of new democratic revolution, evolved in the legal practice during the time of socialist revolution and construction, and gradually established in the legal construction during time of the reform and opening up and socialist modernization.Chapter3. Analyzing the basic contents of the socialist rule of law idea with Chinese characteristics and its internal logic relationships from the logical point of view. The inherent unity of "governing the country by law","executing the law for people", and "sticking to the lead of CPC" reveals the essence of the socialist rule of law idea, and reflects it’s "Chinese characteristics". The dialectical unity of "performing fairness and justices" and "serving the overall interests" embodies the values and mission of the socialist rule of law idea with Chinese characteristics. These five aspects of the socialist rule of law idea are complementary and inalienable, which constitute a relatively complete system of the socialist rule of law idea with Chinese characteristics.Chapter4. Elaborating the basic features and value of the socialist rule of law idea with Chinese characteristics based on combination of the theory and practice. By analyzing from the functional value, logic content, conceptive evolution and other aspects respectively, this study demonstrated that the socialist rule of law idea with Chinese characteristics is the unity of the character of party and nation, the unity of scientific rigour and innovative opening, and the unity of characteristics of both practice and times. It is of great theoretical and practice significance to Marxist sinicization, China’s socialistic legal construction, and bringing moderate prosperity to China in a well-rounded way.Chapter5. Based on the problems facing the socialist rule of law idea fostering, this study focused on the basic path of the new stage in the new century when fostering the socialist rule of law idea with Chinese characteristics, and made great effort in analyzing the ways to strengthen the socialist rule of law idea fostering in groups such as party members, college students and new-generation migrant workers and others.