Analysis And Thinking On The Progress Of CCP's Building Of A Country Under The Rule Of Law Since The Reform And Opening Up

With the method of narrative and discussion, this article analyzes the exploring course on CCP's building of socialist state under the rule of law in the historical perspective since the reform and opening up, it also analyzes the cause of the problem on China's legal system construction, and proposes some countermeasures to China's future legal system construction. This thesis includes six sections.In the first section, I review the tortuous development of the former 30 years'legal system construction after the establishment of China, and analyze the main reasons and the deep lessons we have got.In this period, there were two legal thoughts existing our party in the different stages of history; they were"the legal tools on"and"legal nihilism on". And there are close ties between the two kinds of thoughts, which reflect the inadequacy of the Chinese Communist Party of China in governing our country. In General, the legal system in the past 20 years has more twists and turns, and it gives us more lessonsIn the second section, I review the developing process of legal system construction in the period from the Third Plenary Session of the Eleventh Central Committee to the early 1990s.Because of"Left errors"developing, the period was our wandering period of legal system construction from the October of 1976 when"the Gang of Four"was smashed to the end of 1978 when the Third Plenary Session of the Eleventh Central Committee was opened. Socialist legal system construction of our country really did not step into boom period until the Third Plenary Session of the Eleventh Central Committee opened.The thesis focuses on legislative, judicial, law enforcement and so on, which entirely tells the developing general situation on the legal system construction of the period. However, there were still inadequacies in the legal system of this period, which were based on favor of "governance", on the power of constraint.In the third section, I review the process of legal system construction in the period from the Fourteenth Party Congress to the Sixteenth Party Congress.In October of 1992, the Chinese economic system reform objective which was set up in the Fourteenth Party Congress is to create the Socialist market economic system; meanwhile, our legal system construction has been changing"legal system""into government by law". This thesis states the legal system construction of the period from two stages, and focuses on the relation between the market economy and the country under the rule of law, the precise meaning of the"rule of law", and the thought connotation of"governing by morality". In the fourth section, I review the process of legal system construction of our country after the Sixteenth Party Congress.Since the sixteenth national Congress, the legal system construction of our country has came into the overall development period, the thesis entirely states the achievements in the legal system construction of our country which focuses on the transformation in the mode of governing of Chinese Communist transition, the understanding of the importance of the rule of law, how to build the rule of law, human rights development, legislative, judicial, administrative and so on.In the fifth section, I analyze the problems of the legal system construction of our country and the causes to the problems.This thesis expounds the problems of the legal system construction of our country from the insufficient legislation, the faith of rule of law, judicial problems, civil rights, and other aspects, and analyzes the reasons to the problems.In the sixth section, I propose some countermeasures and suggestions in the future legal system construction of our country.Though China's legal system construction gained a brilliant achievement, the overall level is not still high; many aspects still need to improve. The thesis gives some pertinent suggestions to the future legal system construction of our country in legislation, establishing to investigation for violation of the Constitution, anti-corruption by institution, strengthen for civil rights protection, establishing to the faith of rule of law and other aspects.