Research On The Idea Of The Rule Of Law And The Meaning To China

The construction of Chinese style rule of law is the process to build the theoretical system of rule of law which based on the ideal of rule of law. The ideal of rule of law has the important theoretical and practical significance.The first chapter is about the conception of the rule of law ideal. As a concept of Jurisprudence,the rule of law idea is the essence and rational knowledge of the rule of law and a series of value judgment of rule of law, such as human rights; fairness and justice, etc.;Service the real need of the practice of the rule of law is the purpose of the concept of the rule of law; The concept of the rule of law abstracts the common elements from the rule of law by human reason and guide people as mental model map with modernity,openness,objectivity,and political characteristics.The second chapter summarized the concept of the rule of law thoughts origin. The nature of law which is that the economic base determines the superstructure by Marx made us realize the importance of market economy and social self-governance for the rule of law;Confucian people-oriented thoughts and modern spirit is to be able to achieve mastery through a comprehensive study; Western political theory classic discussion about the rule of law is the important critical inheritance resources for China. Marxism,China’s Confucian traditional thoughts and the modern western political theory work together inject thoughts vitality into the concept of the rule of law.The third chapter is about exploring the specific content of the rule of law concept. The specific content of the rule of law concept includes five aspects: the supremacy of law, human rights protection, public power restriction, fairness and justice and social self-governance.Social self-governance is the social basis of development of rule of law. The authority of law,the legal equality are the basic requirement of the rule of law concept for formal rule of law, at the same time inject equity and justice of law, human rights, power restriction to law as digest value.The fourth chapter discusses the function and significance of the concept of the rule of law to our country. First of all, the rule of law concept is the guiding ideology of the rule of law in our country through all legislative, judicial, law enforcement and law-abiding stages.Second, the concept of the rule of law can evaluate and reflect the pattern of the rule of law in our country. Finally, the rule of law concept has important status in the theoretical system of the rule of law, the rule of law concept is the logical starting point of the rule of law and its related theory.