File #2437: "2018_Book_TheChineseRoadOfTheRuleOfLaw.pdf"

2018_Book_TheChineseRoadOfTheRuleOfLaw.pdf

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1|Series Foreword|6
1|Contents|9
1|1 Introduction: The Road and Theory of Socialist Rule of Law with Chinese Characteristics|17
2|1.1 Taking the Road of Socialist Rule of Law with Chinese Characteristics|17
2|1.2 Adhering to the Theory of Socialist Rule of Law with Chinese Characteristics|23
1|2 The Historical Process of Constructing Socialist Rule of Law with Chinese Characteristics|28
2|2.1 The Historical Process of Constructing Socialist Rule of Law with Chinese Characteristics|28
3|2.1.1 Construction of the Legal System During the Period Between the Founding of the New China and the Beginning of the Reform and Opening up|28
3|2.1.2 Construction of the Rule of Law with Chinese Characteristics Since the Reform and Opening up|36
2|2.2 Historical Achievements Made by China in the Construction of the Socialist Rule of Law with Chinese Characteristics|62
3|2.2.1 Establishment of Ruling the Country by Law as a Basic Strategy of State Governance|62
3|2.2.2 Establishing the Rule of Law as the Basic Method of State Governance|64
3|2.2.3 Adhering to the People First Principle and Respecting and Safeguarding Human Rights|67
3|2.2.4 The Formation on Schedule of the Socialist Legal System with Chinese Characteristics|70
3|2.2.5 Steadily Advancing the Construction of a Law-Based Government|73
3|2.2.6 Continuously Improving the Judicial System|76
3|2.2.7 Markedly Enhancing the Consciousness of the Rule of Law Among All Members of Society|80
2|2.3 Basic Experience of Construction of Socialist Rule of Law with Chinese Characteristics|82
3|2.3.1 Always Adhering to the Leadership of the CPC Over the Construction of the Rule of Law|83
3|2.3.2 Always Adhering to the Road of Socialist Democracy and Rule of Law with Chinese Characteristics|83
3|2.3.3 Always Attaching High Importance to the Strategic Position and the Role of the Rule of Law in the Modernization Construction|84
3|2.3.4 Strengthening the Construction of the Rule of Law Culture and Enhancing the People’s Consciousness of the Socialist Rule of Law|85
3|2.3.5 Always Adhering to Coordinated Development of the Rule of Law, the Economy and Society and Using the Rule of Law to Guide and Guarantee the Smooth Implementation of Various Reforms|86
3|2.3.6 Always Adhering to the “People First” Principle and to the Principle of Respecting and Safeguarding Human Rights|86
3|2.3.7 Always Adhering to the Organic Unity of the Party’s Leadership, the People Being Masters of the Country and Ruling the Country by Law|87
2|References|88
1|3 Formation and Improvement of the Socialist Legal System with Chinese Characteristics|89
2|3.1 Legal Systems and Their Classification|89
3|3.1.1 The Understanding of the Legal System by Western Countries|90
3|3.1.2 Discussions on the Legal System in the Soviet Union|92
3|3.1.3 China’s Understanding of the Legal System|94
2|3.2 The Historical Process and Great Significance of the Formation of the Socialist Legal System with Chinese Characteristics|98
3|3.2.1 The Historical Process of the Formation of the Socialist Legal System with Chinese Characteristics|98
3|3.2.2 Criteria of the Formation of a Legal System with Chinese Characteristics|108
3|3.2.3 The Great Significance of the Formation of the Socialist Legal System with Chinese Characteristics|111
2|3.3 Main Legislative Experiences of the Formation of the Socialist Legal System with Chinese Characteristics|121
3|3.3.1 Taking the Constitution as the Basis and the Overall Interest of the Country and the Basic Interest of the People as the Starting Point|121
3|3.3.2 Taking Economic Construction as the Center of Economic Construction and Closely Combining Legislation with Major Decision-Making on Reform and Development|122
3|3.3.3 Adhering to the Chinese National Conditions and Characteristics and Drawing on Foreign Legislative Experiences|126
3|3.3.4 Adhering to Democratic, Scientific and High-Quality Legislation|129
3|3.3.5 Attaching Equal Importance to the Adoption and Revision of Laws and Continuously Improving the Legal System|141
3|3.3.6 Adhering to the Organic Unity of the CPC’s Leadership, People’s Democracy and Ruling the Country by Law|145
2|3.4 Continuously Improving the Socialist Legal System with Chinese Characteristics|146
3|3.4.1 The Construction of the Rule of Law and the Realization of the “Five Transitions” of the Legislative Work|147
3|3.4.2 Establishing a Stricter and More Scientific Standard on the Socialist Legal System with Chinese Characteristics|152
3|3.4.3 Strengthening the Research on the Legislative Theory of the Socialist Legal System with Chinese Characteristics|155
3|3.4.4 Adopting and Implementing Scientific Legislative Development Strategies and Legislative Plans|157
3|3.4.5 Quickening the Pace of Codification|159
3|3.4.6 Promoting the Institutionalization and Normalization of Cleanup of Laws|162
2|References|167
1|4 Contemporary Chinese Model of the Rule of Law from the Perspective of Comparative Law|169
2|4.1 A Discussion on the “China Model” and “China Model of Rule of Law”|169
3|4.1.1 Different Opinions on the “China Model”|169
3|4.1.2 The “China Model of the Rule of Law”|172
2|4.2 Historical Origins of the Contemporary “China Model of the Rule of Law”|173
2|4.3 Main Characteristics of the Contemporary “China Model of the Rule of Law”|179
3|4.3.1 Taking Economic and Social Construction as the Center and Strengthening the Construction of the Rule of Law|180
3|4.3.2 Proceeding from the National Conditions in China and Drawing on All Beneficial Results of the Development of the Rule of Law Civilization in the World|182
3|4.3.3 The Development of the Rule of Law Characterized by Government Dominance, Combination of Higher Levels with Lower Levels, and Steady Advancement|183
3|4.3.4 Combining the Rule of Law with the Rule of Virtue, with the Rule of Law Playing the Leading Role|184
3|4.3.5 Adhering to the Unity of the Rule of Law and the Unity of Diversity|186
3|4.3.6 Adhering to the Organic Unity of the CPC’s Leadership, the People’s Democracy and Ruling the Country by Law|188
2|4.4 A Comparative Study on the Level of Development of the Rule of Law in China|189
3|4.4.1 The Rule of Law Index of the World Justice Project|189
3|4.4.2 World Bank Rule of Law Assessment Standard|190
3|4.4.3 Hong Kong Rule of Law Index|191
3|4.4.4 Rule of Law Assessment Systems of Shanghai, Beijing, Nanjing and Yuhang District of Hangzhou City|192
3|4.4.5 Principles on the Comparison (Assessment) of the Level of Development of the Rule of Law|192
2|References|207
1|5 Realizing Fairness and Justice Through the Rule of Law|208
2|5.1 What Is Fairness and Justice in the Legal Sense|208
2|5.2 Why Should Justice Be Realized Through the Rule of Law?|212
2|5.3 Transforming Moral Demands for Justice into Law Through Democratic and Scientific Legislation|218
2|5.4 Realizing Justice Through Implementation of Law|224
3|5.4.1 Realizing Justice Through Strict Enforcement of Law|224
3|5.4.2 Realizing Justice Through Judicial Fairness|226
3|5.4.3 Realizing Justice Through Conscientious Observance of Law|229
2|References|231
1|6 Ruling the Country by Law and Promoting the Modernization of State Governance|233
2|6.1 The Relationship Between Ruling the Country by Law and Promoting the Modernization of State Governance|233
3|6.1.1 The Meanings of Ruling the Country by Law and State Governance|234
3|6.1.2 The Relationship Between Ruling the Country by Law and State Governance|236
3|6.1.3 The Key to the Modernization of State Governance Is Bringing It Under the Rule of Law|239
2|6.2 Promoting the Modernization of State Governance by Giving Full Play to the Important Role of the Rule of Law|241
3|6.2.1 Promote the Modernization of State Governance by Giving Full Play to the Functions of the Constitution as the General Rules on Administering State Affairs and Ensuring National Security|241
3|6.2.2 Guiding the Modernization of State Governance by Giving Full Play to the Value Judgment Function of the Rule of Law|243
3|6.2.3 Promoting the Modernization of State Governance by Giving Full Play to the Regulating Functions of the Rule of Law|244
3|6.2.4 Promoting the Modernization of State Governance by Giving Full Play to the Coercive Function of the Rule of Law|246
3|6.2.5 Promoting the Modernization of State Governance by Giving Full Play to the Function of Democratic and Scientific Legislation|247
3|6.2.6 Promoting the Modernization of State Governance by Ensuring the Exercise of the Ruling Power by the CPC in Accordance with the Constitution and Laws|248
2|6.3 Comprehensively Implementing the Strategy of Ruling the Country by Law and Speeding up the Construction of Rule of Law in China in Accordance with the General Reform Objective of Modernization of State Governance|250
3|6.3.1 Strengthening the Authority of the Rule of Law and of Good Law and Good Governance and Bringing State Governance Under the Rule of Law|250
3|6.3.2 Strengthening the Construction of the People’s Congress System and Promoting the Democratization of State Governance|252
3|6.3.3 Improving the Chinese Legal System and Providing Legal Support for the Formation of a Structurally Complete, Scientifically Standardized and Operationally Effective State System|254
3|6.3.4 Strengthening the Implementation of the Constitution and Laws and Enhancing the State’s Capacity for Governance by Law|255
3|6.3.5 Implementing the Index System of Construction of the Rule of Law and Enhancing the Efficiency of State Governance by Law|256
3|6.3.6 Promoting the Modernization of State Governance in the Process of Constructing China into a Country Under the Rule of Law|257
2|References|258
1|7 Comprehensively Promoting Ruling the Country by Law and Striving to Build China into a Country Under the Rule of Law|260
2|7.1 The Great Strategic Significance of Comprehensively Advancing Ruling the Country by Law at the New Historical Starting Point|261
2|7.2 Deepening Political Reform by Comprehensively Advancing Ruling the Country by Law|267
3|7.2.1 The Essence of Comprehensive Advancement of Ruling the Country by Law Is the Reform of the Political System|267
3|7.2.2 Comprehensive Advancement of Ruling the Country by Law Is the Only Road to Deepening Political Reform in China|270
3|7.2.3 Deepening Political Reform in the Process of Comprehensive Advancement of Ruling the Country by Law|273
2|7.3 The Strategic Reform Objectives of Comprehensive Advancing Ruling the Country by Law and Building China into a Country Under the Rule of Law|275
3|7.3.1 The Rule of Law Is an Important Content of Socialist Democratic Politics and the Advancement of Ruling the Country by Law Is an Important Means of Implementing Political Reform in China|275
3|7.3.2 The Rule of Law Is an Important Guarantee of Comprehensive Deepening of the Reform|277
2|7.4 Overall Thinking and Basic Requirements of Comprehensively Advancing Ruling the Country by Law and Building China into a Country Under the Rule of Law|280
3|7.4.1 The Overall Thinking of Comprehensively Advancing Ruling the Country by Law and Building China into a Country Under the Rule of Law|280
3|7.4.2 Basic Requirements of Comprehensively Advancing Ruling the Country by Law and Building China into a Country Under the Rule of Law|281
2|7.5 Several Issues to Be Dealt with in the Comprehensive Advancement of Ruling the Country by Law and Construction of the Rule of Law in China|284
3|7.5.1 Strengthening and Improving the Ruling Party’s Leadership Over Ruling the Country by Law|284
3|7.5.2 Advancing Democratic and Scientific Legislation, Improving the Quality of Legislation, and Perfecting the Legal System|285
3|7.5.3 Comprehensively Deepening Administrative Reform and Speeding up the Construction of a Law-Based Government|286
3|7.5.4 Comprehensively Deepening the Reform of the Judicial System|287
3|7.5.5 Continuously Strengthening the Respect for and Safeguarding of Human Rights|288
3|7.5.6 Strengthening the Implementation of the Constitution and Laws|289
3|7.5.7 Advancing “The Fight Against Corruption and Regulation of Power” Through the Application of the Rule of Law Thinking and Method|291
3|7.5.8 Comprehensively Deepening the Reform on the Track of the Rule of Law|292
2|References|296
1|8 High-Degree Unity of the Party and the Law: The Fundamental Characteristic of the Chinese Road of the Rule of Law|297
2|8.1 The Conceptual Categories of “the Party” and “the Law”|298
3|8.1.1 The Conceptual Categories of “the Party”|298
3|8.1.2 The Conceptual Category of “the Law”|299
3|8.1.3 The Relationship Between “the Party” and “the Law”|299
2|8.2 The Unity of the Rule of Law and Politics|301
2|8.3 High-Degree Unity of the Party and the Law|306
3|8.3.1 The High-Degree Unity of the Party and the Law from the Perspective of the Party’s Leadership and the Essence of Socialist Rule of Law|307
3|8.3.2 The High-Degree Unity of the Party and the Law from the Perspective of the Chinese Constitution|307
3|8.3.3 The High-Degree Unity of the Party and the Law from the Perspective of the Constitution of the CPC|308
3|8.3.4 The High-Degree Unity of the Party and the Law from the Perspective of Documents of CPC Party Congresses|309
3|8.3.5 The High-Degree Unity of the Party and the Law from the Perspective of the Legalization of the CPC’s Lines, Principles and Policies|311
3|8.3.6 The High-Degree Unity of the Party and the Law from the Perspective of Democratic State Legislation|311
3|8.3.7 The High-Degree Unity of the Party and the Law from the Perspective of Adhering to the CPC’s Leadership and to the Independent Exercise of Powers by Judicial Organs in Accordance with Law|311
2|8.4 Adhering to the High-Degree Unity of the Party and the Law Is a Basic Experience of the Construction of the Rule of Law in China|313
2|References|320