Research On The Course Of Democracy And Legalization From 1978 To 1992

In China,every governing activity of the Communist Party of China(CPC)can attract the public attention widely and generate thought-provoking reflection."People's democracy is the life of socialism"and"The law is vital to the governance of a country."Since the reform and opening up,the relationship between democracy and the rule of law has become more closely connected than ever,and it has become an important way for the Communist Party of China to govern.Among them,the legalization of democracy,as an important content of the construction of democracy and the rule of law,has become an important art for the CPC to govern the country.The legalization of democracy means stabilizing and authorizing the people's democracy through the form of law.The legalization of democracy originated from Deng Xiaoping's thought of"enabling democracy to be institutionalized and legalized"in 1978.Under the guidance of Deng Xiaoping's ideological assertion,the people's democracy is constantly advancing under the protection of the law and promoting the development of socialism with Chinese characteristics.Since the 18~thh CPC National Congress,the CPC has bravely taking responsibilities to govern the country and developing socialism with Chinese characteristics into the new era.Promoting socialism with Chinese characteristics into a new era will also bring people's democracy and the rule of law to a new historical starting point.The report of the 19~thh CPC National Congress made upholding the people as masters of the country and comprehensively ruling the country according to law as the basic strategy of Xi Jinping's socialist ideology with Chinese characteristics in the new era.It provided a powerful ideological guidance for continuing to promote people's democracy and comprehensively rule of law in the future.The main development of the people and the strengthening of the rule of law have become important guidelines for the Communist Party of China to adhere to long-term governance in the future.To uphold and develop people's democracy and comprehensively govern the country according to law,we must have a historical thinking and a historical vision.The period from 1978 to 1992 was the period of the creation of socialism with Chinese characteristics,and it was also an important period of development in the legalization of democracy after the reform and opening up.It was decided that the study of the legalization of democracy in this period was not only an academic research issue,but also a political issue related to the adherence and improvement of socialism with Chinese characteristics.By studying the legal development of democracy during this period,combing its development context,looking at its historical impact and summing up its historical experience,it will help to enhance self-confidence and theoretical awareness of the socialist road to democracy with Chinese characteristics and the road to the rule of law.It helps to provide experience preparation for the long-term governance of the Communist Party of China and enhance the ability of the Communist Party of China to govern the country.From the perspective of combining history with logic,macroscopic reflection with microscopic investigation,and theory with practice,in the methods of historical analysis,literature research,and comparative analysis,the dissertation takes the process of the legalization of democracy from 1978 to 1992 as the object of study.Using the knowledge of Party historiography,political science and law,this dissertation makes a comprehensive study on the process of democratic legalization in the early period of reform and opening up.Through discussing the background reasons,process,main contents and characteristics of the important laws enacted during this period,and the influence of the effects,we try to achieve the results of displaying the process,outlining the frame,grasping the developing law and summarizing the experiences.The dissertation is divided into three major sections and into seven chapters.The first section is the introduction exclusively,as a separate chapter.This paper mainly introduces the reasons and significance of the research,research review,research methods,research outlines,innovation points and difficulties.The second section is the main body,from the first chapter to the fifth chapter,the process of the legalization of democracy is given an emphasized explanation during the period from 1978 to 1992.In the main section,it can be divided into two parts:on the basis of the first chapter introducing the theoretical exposition of the legalization of democracy,it is the discussion of the specific practical stages of the legalization of democracy from the second chapter to the fourth chapter,and the fifth chapter summarizes the process of the legalization of democracy.The first chapter is entitled"The propose of the thoughts of the legalization of democracy(1978)".Taking Deng Xiaoping's assertion as the main exposition of the chapter,it focuses on the historical background of Deng Xiaoping's assertion,and what is the connotation and requirements of the assertion.The second chapter is entitled"The beginning of the legalization of democracy(1979-1982)".This chapter takes the period from 1979 to the 12~thh CPC National Party Congress as a period,based on the background of setting things right and the initial start of reform and opening up.From the restoration of the people's congress system and the construction of laws,the formulation and promulgation of criminal laws to uphold the people's democracy.The process,main features and functions of the Law on the Organization of Local People's Congresses and Local Governments,the Election Law,the Criminal Law were analyzed.The third chapter is entitled"The development of Democratic legalization(1982-1989)".This chapter takes the period from the 12~thh CPC National Congress to the Fourth Plenary Session of the Thirteenth National Congress as a time period.Based on the background of the comprehensive development of reform and opening up,the impact of the strategic decisions made by the 12~thh CPC National Congress and the 13~thh CPC National Congress on the legalization of democracy is the initial point.From the formulation of the Constitution as the fundamental guarantee of the people's democracy,the improvement of the system of people's Congresses,the legislation on regional ethnic autonomy,the formulation of the Organic Law of the Villagers Committees to the expansion of the people's enjoyment of extensive rights and the strengthening of legal protection,it mainly expounds the Constitution,the Law of the National People's Congress,The Rules of Procedure of the National People's Congress,the Rules of Procedure of the Standing Committee of the National People's Congress,the Law of Regional Ethnic Autonomy,the Organic Law of the Villagers Committees(trial),the General Principles of Civil Law,the Administrative Procedure Law,the Regulations on Public Security Administration and Penalties and other laws.The fourth chapter is entitled"The continuation of the legalization of democracy in persistence(1989-1992)".Based on the background of the influence of the Fourth Plenary Session of the Thirteenth National Congress on the legalization of democracy,this chapter sets out with them.It will focus on the development of the basic democratic system and the strengthening of the protection of the rights and interests of the people.the Representative Law,the Organic Law of the Urban Residents Committees,the Civil Procedure Law,the Assembly and Demonstration Law,and laws protecting the interests of specific groups are elaborated.The fifth chapter is entitled"Understanding and summary according to the process of the legalization of democracy".On the basis of the second part,the ending chapter summarizes the history of the legalization of democracy from 1978 to 1992.It focuses on three aspects:first,it analyzes the inevitability of the legalization of democracy.It expounds why democracy should be legalized and why democracy can be legalized.The second,it evaluates the historical impact of the 14-year process of legalization of democracy.It shows the CPC had better implemented the Deng Xiaoping's assertion of'legalizing democracy'.And it shows legalization of democracy had promoted People's Democracy and Construction of legal system.It also shows legalization of democracy had enriched the ruling style of the CPC.The third,it summarizes the experience of the 14-year Communist Party of China in advancing the legalization of democracy.It reveals we must insist on the eight historical experiences including the leadership of the CPC and the reform and opening up.The title of the last chapter in the third section is"Thinking on the relations between legalization of democracy and rule of law".It answers the question about the relations between legalization of democracy and rule of law.It is inevitable that the the 14-year process of legalization of democracy would lead to the process of the rule of law,and the important content of ruling the country according to law is to fulfil the legalization of democracy.It also puts stress on the close combination of democracy and the rule of law in governing the country by the CPC.