The Study On The Formation And Influence Of The Socialist Legal System With Chinese Characteristics

A socialist law system with Chinese characteristics is the Communist Party of China putthe product of Marx’s thought of the rule of law with Chinese reality, is the Marx thought ofrule of law in China’s achievements. A standard form of the socialist legal system withChinese characteristics has three points: the law of some countries and the needs of thesociety has been basically established; legal system can adapt to the development of economyand society; between the legal system within the legal norms relative harmony. Basis for theformation of the socialist legal system with Chinese characteristics has four aspects: since thereform and opening up the development of China’s economy is the economic basis for theformation of the socialist legal system with Chinese characteristics; uphold the party’sleadership, adhere to the people’s Congress system, adhere to the principle of democraticcentralism is the political basis for the formation of the socialist legal system with Chinesecharacteristics; the essence of traditional culture, the founding of new China since theformation of the legal concept, since the reform and opening up the legal culture is thesocialist legal system with Chinese characteristics formed in the cultural foundation; thepeople’s demand of law is the social basis for the formation of the socialist legal system withChinese characteristics. Formation of the socialist legal system with Chinese characteristics isdivided into two stages: from1949to1992is the socialist legal system with Chinesecharacteristics exploration stage; from1992to now is the formation stage of the socialist legalsystem with Chinese characteristics. The connotation of the socialist legal system withChinese characteristics is: take the constitution as the commander, the laws as the main body,administrative regulations, local regulations as the important component, organic wholecomposed of laws related to the constitution, civil law, administrative law, economic law,social law, criminal law, litigation and non-litigation procedural law and other legaldepartment. A socialist law system with Chinese characteristics: the architecture is divided inaccordance with the law department, the socialist legal system with Chinese characteristicsinto the constitution, civil and commercial law, administrative law, criminal law, economiclaw, social law, procedure law, environmental protection and natural resources law, militarylaw nine legal department; in accordance with the norms of the legal field, the structuredivision of the legal system to regulate the economy, politics, culture, society and other areasof the law. Characteristic of the socialist legal system with Chinese characteristics are:reflecting the nature of our society; embodies the basic national conditions of the primarystage in our country at the present stage; embodies the characteristics of the times in China;embodies the organic combination of Chinese traditional culture and world civilization. In thesocialist legal system with Chinese characteristics: the socialist legal system with Chinesecharacteristics different from other countries, especially the legal system of other capitalist countries; different developed in other socialist countries law; unlike previous legal system inancient China and the chinese. Influence of the socialist legal system with Chinesecharacteristics of Chinese society is mainly reflected in: in the economic aspect, admitted thatthe market subject status, standardization of the modern market system, the adjustment ofnational regulation and control means, national economy management, promote the Chinesemarket in line with international standards, norms of China under the background of globaleconomy, the establishment of a reasonable distribution system, regulation reform the incomedistribution system; in the political aspect, the abolition of life tenure in leading posts,relations between the leadership and the rule of law with good party, adhere to the system ofmulti-party cooperation and political consultation system of people’s Congress and theleadership of the Communist Party, propulsion system, grass-roots democracy and autonomyto ensure that the people exercise their rights directly, deepen the reform of the personnelsystem, employment mechanism innovation; In the aspect of culture, ensure that educationhas the basic position in cultural development, security and effectively to promote the healthydevelopment of science and technology, and ensure that the news publishing system reformand mechanism innovation, ensure the development of other national culture field; in terms ofsociety, to protect and promote employment, to maintain stable labor groups, protection ofvulnerable groups and special populations long period of stability, implementation, promotethe medical system reform, to ensure the people’s life and health and safety, protectenvironment, save resources and achieve sustainable development.