A Study On The Understanding Of The Rule Of Law By The Communist Party Of China And Its Empirical Enlightenment From 1949 To 1982

The leadership of CPC is the most essential feature of socialism with Chinese characteristics and the most fundamental guarantee of socialist rule of law.The understanding of the essence,value,status and function of the rule of law by CPC directly determines the fate of the rule of law in China.There is a clear main line running through the practice of the construction of the rule of law in New China,that is,to realize the sinicization of the Marxist jurisprudence by combining the Marxist legal theory with the concrete reality and the characteristics of the Times in China.As a ruling party,CPC is the most important subject to promote the sinicization of Marxist jurisprudence.In this paper,1949-1982 of CPC ’s understanding of the rule of law as the main research object.In this period,the understanding of the rule of law of CPC presented a u-shaped evolution: from the good beginning of the founding of the People’s Republic of China to the tortuous turn during the period of the all-round construction of socialism and the "Cultural Revolution",and then to the beginning of the reform and opening up.Under the guidance of the dialectical materialism and the historical materialism,and from the perspective of Marxist Sinicization Studies,on the basis of the officially published major documents of CPC,anthologies,anthologies,chronologies and biographies of the leaders of the Party and the state,taking the important legal texts and the significant legal events of symbolic significance promulgated in this period as the breakthrough point,this paper tries to outline clearly the evolution track of CPC’s understanding of the rule of law,and summarizes the achievements of the understanding of the rule of law contained therein,in order to strengthen and improve the leadership of CPC over the socialist rule of law and to realize the overall goal of advancing the rule of law in an all-round way,accelerating the construction of the rule of law in China and providing theoretical support.In addition to the introduction and conclusion,the text is divided into three parts,a total of seven chapters.Among them,the first part(the first chapter,the Second Chapter)is the foundation of the thesis,which mainly elaborates the theoretical foundation,the ideological resources and the historical premise of CPC’s understanding of the rule of law;the second part(the third,the fourth,the fifth and the sixth chapters)is the core content of the thesis,this paper mainly analyzes the understanding of the rule of law by CPC in different historical development stages from 1949 to 1982,sum Up and summarize the experience and lessons of CPC on the rule of law in this period and the contemporary enlightenment.The foreword clarifies the significance of the research,scientifically defines the core concept of the thesis —— Rule of law,analyzes the differences and connections between rule of law and rule of man,rule of law and rule of law,so that the paper research on the basis of scientific and normative,on the domestic and foreign academic research and review the status quo.The existing research results have provided the important reference for the research of this paper,but the insufficient research has confirmed the significance and value of the research of this paper,and has become a new growing point of the research of this paper.The first chapter mainly elaborates CPC to the rule of law cognition rationale and the thought resources.The understanding of the rule of law of CPC is not a water without a source or a tree without roots,but is based on the previous understanding of the rule of law.Dialectical materialism and historical materialism are the world outlook and methodology of CPC and the most fundamental theoretical basis for their understanding of the rule of law.Marxism and Friedrich Engels’ s understanding of the origin,essence and function of law,and Vladimir Lenin’s understanding of the rule of law in his practice of leading the construction of the rule of law in the world’s first socialist country,is CPC to the rule of law understanding most direct theoretical source.The Chinese traditional thought of rule by law,the thought of rule by law in the transitional period of modern Chinese society and the western modern thought of rule by law are the important ideological resources of the party’s understanding of rule by law.The second chapter mainly inspects and analyzes the basic venation and main achievements of CPC’s understanding of the rule of law in the period of new democratic revolution.The party’s understanding of the rule of law in this period is an important historical premise of the party’s understanding of the rule of law after the founding ceremony of the People’s Republic of China.Following the historical stages of the new democratic revolution in the history of CPC,this chapter divides the party’s understanding of the rule of law into three historical periods: the Agrarian Revolutionary War period,the Second Sino-japanese War period and the liberation war period,this paper summarizes the achievements of CPC’s understanding of the rule of law in various historical periods.From the cognitive achievements of the three historical periods,we can see that the central task of the New Democratic Revolution is to consolidate the revolutionary achievements,maintain the revolutionary order and promote the victory of the revolution,and that the rule of law should serve the commonness and at the same time embody the characteristics,that is,in different historical periods,CPC has combined with the new practice background and formed new achievements in understanding the rule of law.The third chapter describes the basic context and main achievements of CCP’s understanding of the rule of law at the beginning of founding ceremony of the People’s Republic of China.From the beginning of the founding ceremony of the People’s Republic of China,the central task facing CPC was to consolidate its nascent power.During this period,the understanding of the rule of law of CPC is mainly centered on the protection of the rule of law for the consolidation of the newborn regime.This chapter begins with the formulation of the Common Program of the Chinese People’s Political Consultative Conference,the Marriage Law of the People’s Republic of China,the Land Reform Law of the People’s Republic of China,the Regulations of the People’s Republic of China on the punishment of counter-revolutionaries,and the judicial reform movement,it is concluded that the legislation embodied in these important legal events should proceed from the reality,follow the legislative principles of democracy and science,be competent in law,and realize the class and people nature of judicature.These achievements show that CPC in this period of the rule of law in the governance of the status and role of a sober understanding.The fourth chapter elaborates CPC to the rule of law cognition basic venation and the main achievement in the socialist transformation time.During this period,the understanding of the rule of law of CPC is mainly around "to build China into a great socialist country" to provide the protection of the rule of law as a logical starting point.This chapter mainly focuses on the most representative events of the rule of law in this period: The convening of the 1st National People’s Congress,the formulation of the first socialist type constitution of New China,and the proposal of the Party’s Eighth National Congress on socialist legal construction,summarize and summarize the achievements of CPC on the rule of law.On the whole,these three events of the rule of law have respectively laid the institutional foundation for the socialist rule of law,consolidated the cornerstone of the legal system,provided fundamental compliance,and set up the "four pillars and eight pillars" of the socialist rule of law mansion,it provides a legal guarantee for promoting social reform and reflects CPC’s correct understanding and grasp of the essence of socialist rule of law.The fifth chapter elaborates after 1957 the Anti-Rightist Movement to the Cultural Revolution End CPC to the rule of law understanding basic venation and its occurrence twists and turns the reason.On the basis of thorough excavation of historical materials,this chapter summarizes the achievements of CPC in understanding the rule of law in this historical period,especially in the decade of building socialism in an all-round way,this paper deeply analyzes the reasons why the party’s understanding of the rule of law has undergone a tortuous turn.On the whole,CPC’s understanding of the rule of law in this period was a historical period in which the right and wrong development trends were intertwined,even though the wrong development trends prevailed over the right development trends,CPC did not completely abandon the constitution and the law during the Cultural Revolution,which caused the process of socialist rule of law to be almost interrupted.It also hoped to regulate the activities of social members through the power of rule of law,this paper attempts to respond to the challenge of the total denial of the socialist rule of law construction in this period by the historical nihilism with rich historical materials and rigorous analysis.The sixth chapter elaborates the basic train of thought and the main achievements of the Third Plenary Session of the 11 th CPC Central Committee about the rule of law.In this period,on the basis of summing up and reflecting the experience and lessons of building socialism in an all-round way,especially the cultural revolution,the understanding of the rule of law gradually returned to the correct track.This chapter focuses on the convening of the Third Plenary Session of the 11 th CPC Central Committee,the trial of the "two cases",the enactment of the "78 constitution" and the "82 constitution",summarizing the achievements of CPC’s understanding of the rule of law revealed by these major legal events,which fully show that on the basis of summing up the positive and negative experiences and lessons of CPC in socialist construction,we have a deeper understanding and grasp of the status and role of the rule of law in the governance of the country,which lays a solid ideological and cognitive foundation for opening a new chapter in the construction of the socialist rule of law.The seventh chapter analyzes and summarizes the experience and enlightenment of CPC understanding of the rule of law from 1949 to 1982.Put forward to adhere to the leadership of the Party to the rule of law,correct understanding and handling the relationship between the leadership of the Party and the rule of law;Adhere to the ideological line of seeking truth from facts,accurately grasp the legal situation;Adhere to the basic principles of democratic centralism,correctly understand and deal with the relationship between democracy and the rule of law;We should keep an open attitude towards the achievements of human civilization and attach importance to the important role of the rule of law in governance.Conclusion,on the basis of summing up the contents of the full text,four conclusions are drawn,and further prospects for future research work are made.