Research On The Chinese Communist Party Rule By Law

CCP has been founded for over90years and since then, CCP has been leadingthe people to proceed with hard struggle. In the past90years, CCP has transformedfrom a revolutionary Party directing the people to fight against capitalism andfeudalism to an administration Party which is now leading the people to carry on thenationwide building of socialism. Confronted with the new administration situation,CCP must reform its administration method. In the16th National Party Congress heldin2002, a concept of “administration by law” was brought forward. And in the fourthPlenary Session, it is further noted that administration by law is the basic mode ofCCP’s administration in the new historical conditions. In the17th National PartyCongress, the basic administration method has been defined as ScientificAdministration, Democratic Administration and Administration by law, and beenwritten into Party Constitution.The proposal of administration by law is of significance, which is not just animportant innovation in theory but has substantial practical value. As an enormousimpetus to realize the rule of law, it is an integral part for the construction of a countryof monocracy. Since administration by law was established as the basic mode ofCCP’s administration, the legal awareness and administration capability of the PartyMembers and the government officials have been significantly improved.Nevertheless, some shortcomings shown in practice still need to be corrected.Therefore, in terms of ideology, the awareness of rule by law needs to be strengthenedcontinually; in terms of regime, the relation and authority between Party andGovernment is required to adjusted and specified; in terms of system, the laws andrules shall be improved constantly and when it comes to practice, Party Members andgovernment officials are required to improve their capability of administration by lawand the unity of knowledge and practice. Only the aspects mentioned above beingcombined can the administration by law be finally realized.This article is divided into three parts:The first part is about the connotation and value of CCP’s administration by law.Firstly, definition has substantially significance on the formation of theory. Therelevant of connotation and definition must be clarified when it comes to the researchon CCP’s administration by law. This part differentiates the definition of CCP’sleadership and administration from the definition of way of leadership and administration. Furthermore, the connotation of CCP’s administration by law isdiscussed in terms of subject, object and content. Then, how much the new way ofadministration is actually fulfilled is reliant upon the practical need of a nation. In thispart, the theoretical and practical value is analyzed based on the historical position ofCCP’s administration and the reality of national conditions.The second part is about the development history of CCP’s administration by lawas well as the problems arising along with its development. It firstly reviewsdevelopment history of CCP’s administration by law and the existing problems.Through analyzing the CCP’s administrative characteristics at each stage, it finallyputs forward the scientific administration method—administration by law. This partfurther analyzes the existing problems at current stage including the problems inaspect of ideology; regime and system, and then finds the solution to these problems.The third part introduces the way in which to realize the vision of administrationby law. This part put forward effective suggestions with respect to ideology, regime,system and practical ability. Firstly, in terms of ideology, establish and enhance thelegal awareness Secondly, in terms of regime, separate the functions of Party andgovernment, establish the independent administrative system and effectively fulfill therole of people’s Congress is the guarantee to realize administration by law. Thirdly, asfor system, regulate the administration behaviors of the ruling Party to ensure that itperform the state authority in accordance with the constitution and rules. Last but notleast, in practice, it is highly required to improve Party Member and governmentofficials’ capability of administration by law which includes but not limits to thecultivation of legal senses, legal thinking ability and legal action ability. To sum, theruling party’s capability of administration by law must be emphasized and enhancedso as to eventually realize CCP’s administration by law.