Research On The Goal And Realization Path Of China’s Rule Of Law Construction Based On Marxist Jurisprudence

Based on the historical materialism theory,Marxist jurisprudence analyses the origin of the state and the law,the class and historicity of the state and the law,the succession and relativity of the state and the law,and the relationship between the state and law to the economics base,then it elaborated the relations between state and the law,which the state and law are inseparable.The law is the embodiment of the will of the state;This paper reveals the internal relations,interaction and mutual restriction between law and phenomena and categories such as freedom,democracy and human rights,and analyzes the regularity of the emergence and development of socialist law,this paper expounds the functions and functions of the socialist law,and expounds that the socialist law is the embodiment of the will of the broad masses of the people under the leadership of the working class,which is regarded as the law,the content of this will is ultimately determined by the material living conditions of the working class and the broad masses of the people;This paper puts forward and demonstrates a series of basic principles and principles,such as the creation of socialist law,the implementation and application of law,the observance and supervision of law,etc.These basic theories and principles point out the direction for the construction of socialist rule of law with Chinese characteristics,and provide scientific theoretical basis and scientific methodology.The general goal of China’s rule of law construction is to build a socialist rule of law system with Chinese characteristics and a socialist rule of law country.This general objective consists of several specific or phased objectives,and its specific connotation is gradually enriched and developed with the deepening of China’s rule of law construction process.To define the general,phased and specific objectives of the rule of law construction in China,grasp their constituent elements,conditions for their realization and the steps for their implementation,and in accordance with the process of the rule of law construction,to adjust,enrich and develop them in a timely manner,it is of great theoretical and practical significance to accelerate the improvement of the socialist rule of law system with Chinese characteristics and to promote the modernization of China’s governance system and governance capacity.The proposition and establishment of the goal of rule of law construction in China reflects the historical logic,practical logic and theoretical logic of the development and change of state governance,and is in line with the development trend of state governance and global governance.Especially since the reform and opening-up,with the transformation of the national governance model from traditional to modern,the interaction of domestic and international factors has formed a huge synergy to promote the process of the rule of law in China,the people are always the main and decisive force to promote the process of rule of law in China,and the foreign experience of rule of law and the historical trend of building a country under the rule of law are the external factors influencing the transformation of our governance model.With the solid mass foundation and the Motive Force for development,China has obtained the fertile soil and conditions for growth.The correct leadership of the Communist Party of China and the strong promotion of the Chinese government have not only accelerated the process of building the rule of law,but also adapted to the internal needs of the goal of Chinese-style modernization,the innovation and optimization of national governance will be promoted,and the goal system of China’s rule of law construction will be formed and perfected.With the formation,concretization and gradual optimization of the goal system of the rule of law construction in China,the process of the rule of law in China is not only guided by more standardized goals,but also supported by more solid rational forces,it has promoted the theoretical circles to explore the scientific categories and problems of the rule of law,a country under the rule of law,the rule of law in China and so on;in practice,it has also raised people’s awareness of the distinction and connection between the rule of law and the rule of man,the rule of law and the legal system,and the difficulty of building a country ruled by law.Thus,the pattern of the construction of a country under the rule of law,which adheres to the leadership of the party,the active promotion of the government,the active exploration of domestic scholars and the active participation of the people have been formed,which lay a solid foundation for the realization of the goal of the construction of the rule of law in China.The formation and development of the goal of rule of law construction in China has gone through a long process of development,which is the result of the continuous development in the mode of national governance.As early as the stage of reform and opening-up,the whole party and the whole nation began to reflect on the profound lessons of the“Cultural Revolution” and realized the extreme importance of restoring and strengthening the legal system.To the 15 th National Congress of the party put forward“Rule of law,building a socialist country ruled by law”,our country has begun a new journey of the construction of the rule of law;then to the 18 th National Congress of the Communist Party of China(CPC)to implement the“Comprehensive rule of law” strategy,the party’s 20 th national congress“To serve the force of the rule of law to ensure the construction of Chinese-style modernization”,this process fully shows the evolution and deepening of our country’s governance from“Policy governance”or“Conference governance”to“Rule of law”,from“Legal system” to“Rule of law system”,from“Legal system construction” to“Rule of law reform”,from“Rule of law” to“Good rule of law”,from“Rule of law of the country” to“Rule of law of China”,it clearly highlights the evolution of the goal of building a country under the rule of law,thus providing a reliable and rich basis for us to study the rich connotation,development Law and implementation steps of the goal of building a country under the rule of law.The top-level design on the goal of China’s rule of law construction is based on the development needs of our country’s political,economic,cultural,social,ecological civilization and the modernization of national governance,it is based on the requirements of a moderately prosperous society in all respects,the status of the rule of law in the overall work of the country,the people’s expectation for the implementation of the rule of law,and the close relationship between the goal of the rule of law construction and the overall goal of deepening the reform in an all-round way.The principle of the top-level design on the goal of rule of law construction is to insist on the leadership of the party,the principal position of the people,the equality before the law,the combination of the rule of law and the rule of virtue,and to proceed from the reality The general goal of the construction of rule of law includes two aspects: one is to build a socialist rule of law system with Chinese characteristics,and the other is to build a socialist country ruled by law.The logical starting point of designing the goal of rule of law is to examine and think about the goal of rule of law construction as an organic whole,the paper analyzes the significance of the goal of rule of law in guiding,promoting and standardizing the practice of rule of law.By correctly dealing with the era orientation of the rule of law construction,the close relationship between the needs of the people and the reform and development,we can deeply understand and grasp the target of the practice of the rule of law construction,only around the construction of socialist rule of law system with Chinese characteristics and socialist country ruled by law,promoting the orderly process of China’s rule of law construction.It is the objective requirement to improve the quality and speed up the realization on the goal of the rule of law construction.To realize the goal of rule of law construction,we need to grasp the internal structure on the goal of rule of law construction.Link and distinguish the general goal of rule of law construction from the specific goal,the long-term goal and the phased goal,in accordance with the fundamental and specific requirements of the goal construction of the rule of law,the process of the construction of the rule of law should be carried out in an orderly manner by stages and steps,the goal system is characterized by a high degree of unity of ideology and policy,an organic unity of problem-oriented and goal-oriented,and a harmonious unity of key breakthrough and overall promotion.The constituent elements on the goal of building the rule of law include the system of legal norms,the system for implementing rule of law,the system of the supervision over the rule of law,the system of the guarantee over the rule of law and the intra-Party legal system of discipline and rules.These five aspects reflect the logical path to the goal construction of socialist rule of law with Chinese characteristics and the development direction of a modern chinese-style country under the rule of law,decided that the construction of a country under the rule of law must follow the principles of“Scientific legislation,strict law enforcement,fair administration of justice,and law-abiding by the whole people”,it stipulates that “ Law-based governance of the country,law-based exercise of state power,law-based administration of government must be jointly promoted” and“A country under the rule of law,the law-abiding government,the law-based society must be integrated construction.These seemingly simple principles of rule of law construction are closely related to the goal system of rule of law construction in China,and we must make the logical relationship between the constituent elements of the goal of rule of law construction clearly,it is very important to realize the goal of building a country ruled by law on schedule.To realize the goal of rule of law in China,we will inevitably encounter many obstacles.Based on the understanding that the principal contradiction of our society in the new era has transformed into a contradiction between the people’s growing needs for a better life and unbalanced and inadequate development,there is a need to explore and study the obstacles in the process of building a state governed by the rule of law from the perspectives of unbalanced and inadequate development,and on the basis of the principle of unity of problem-oriented and goal-oriented,in the light of the current development stage and degree of the construction of the rule of law,from four aspects: the rule of law and economic and social development,the rule of law in various fields,the rule of law in different regions,the rule of law at home and the rule of law at home and abroad,explain the restriction and influence of the unbalanced and insufficient development of the rule of law on the realization of the overall goal of the rule of law construction.Based on the party’s legal thinking,consciousness,ability to govern by law and the imperfection of socialist legal system,the interference of non-legal factors on the rule of law is excluded.Based on the theory of Marxist law,the root of the unbalanced and insufficient development of rule of law is deeply explored from the perspectives of economic development,democratic politics and social civilization.Exploring and grasping the implementation path of the goal in China’s rule of law construction is the inevitable requirement which effectively promote the process of building a country ruled by law and improve the efficiency of the construction of a country ruled by law.With the light of the obstacles to the realization on the goal of the construction of the rule of law,the difficulties and pains in the practice of the construction of the rule of law in China,this paper makes an in-depth analysis and rational consideration on the implementation path of the construction of the country under the rule of law.Firstly,we should promote scientific,democratic,and law-based legislation and speed up the modernization of the rule of law system and capacity.Secondly,we should accelerate the building of a rule-of-law government and improve the benchmark system of government discretion.Thirdly,we should improve the mechanism for the operation of judicial power,deepen the comprehensive reform of the judicial system,strengthen people’s democracy in the judicial field throughout the process,and make solid efforts to enforce the law strictly to ensure a fair judiciary Fourthly,we should improve the system of protecting rights by popularizing the law,improve the mechanism of popularizing the law,promote the concept of law-abiding among the people,improve the public legal service system,and improve the mechanism of protecting rights by law and resolving disputes.Fifthly,we should speed up the improvement of the legal security system,strengthen the construction of the rule of law team,innovate the training mechanism of legal talents with distinctive features,and perfect the system of the entry of the lawyer profession and the professional security system.Sixthly,we should strengthen and improve the party’s leadership of ruling the country by law,improve the working mechanism of ruling the country by law for party leaders,and train party members and leading cadres who are the“Key minority” thinking and acting according to law,we should constantly expand the ways to realize the goal of building a rule-by-law China.To build a socialist system of rule of law with Chinese characteristics in an all-round way and realize the goal of building a socialist country under the rule of law,we can not do without the guidance of Marxist legal theory,especially the theory of the rule of law with Chinese characteristics,as long as the whole party and the whole nation are fully conscious of following and practicing the Marxist theory of the rule of law with Chinese characteristics in the new era,and are jointly committed to the construction of a socialist country under the rule of law,the Grand Blueprint of a country,a government and a society under the rule of law can certainly be realized.