A country moves from self isolation toreform and opening-upIt has formed a huge social demand. The economy needs sustainable development, politics needs civilized progress, society needs harmony and stability, and the peopleliving standardTo comprehensively improve, these legal systems without sound and perfect can not be achieved.For 30 years, China's socialismRule of lawIt is precisely in such a huge and urgent demand background, from scratch, from point to surface, from immature to mature, from learning western experience to forming its own unique socialist legal system.
At the same time, the reform experience and development achievements we have accumulated in the process of exploration are also being fixed bit by bit in the form of law.It is gradually completeLegal environmentIt provides a fair, orderly, equal competition, harmonious and stable development space for the comprehensive development of China's economy and society.
It is the improvement of the rule of law environment that boosts the overall acceleration of China's reform and opening up.so to speak,reform and opening-upAndRule of lawThe interaction between the two has made China a miracle.
legalized economy
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Proposed at the Third Plenary Session of the Eleventh Central CommitteeFocus on economic constructionIn 1992, Deng Xiaoping made a speech on his tour to the south, and economic development has always been the most important and initial main line in China's 30 years of reform and opening up.Under this main line, we also clearly see a secondary line - the construction of economic rule of law.
The 30-year history is not too long. We can all remember that at the end of last century, China's economy was developing at a high speed, but almost all the media and means of communication were conveying a voice - calling for the rule of law and legislation.Everyone knows the simplest truth. In the market environment without legal norms, it will always be a minefield and an abyss. Every reform participant may become an experimental object and a victim.
DeadGu MingComrade was appointed in 1979the state councilWhen talking about the birth of the Law on Sino foreign Joint Ventures, the Deputy Secretary General said that at that time we wanted to attract foreign capital to China, but foreign businessmen said that there was no law and their rights could not be guaranteed, so they did not come.The then Chairman of the Standing Committee of the National People's CongressYe JianyingComrades were very anxious and asked the relevant departments of the State Council to submit the draft law on Sino foreign joint ventures within half a year.Comrade Gu Ming felt embarrassed when receiving this task, because we had no experience in this field, so we could only learn from foreign legislative experience.As a result, on July 1, 1979, the Law on Sino foreign Joint Ventures was promulgated together with seven important laws, including the Criminal Law and the Criminal Procedure Law. In 1990, this law was revised again.
On November 2, 1992, a Japanese newspaper commentator's article entitled "Market economy is legal economy" had a huge response in the society.The development has been defined in Chinasocialist market economyAgainst the general background of the WTO, this article puts forward the most critical issue that we must ensure the healthy and orderly operation of the market economy with a complete market legal system.
When the market economy is the legal economy and the whole society has reached a consensus, the legal construction of the market economy has also entered a comprehensive acceleration period.A number of important economic laws were introduced in a very short time, and economic legislation entered the golden period of great development and great leap forward.We have gone through many old brands in just a few yearsMarket economy countriesHundreds of years of rule of law.
It is undeniable that these laws have strong characteristics of the times, and many of them are emergency works. But it is these laws that have established rules and systems for China's economic construction in the past 30 years to ensure that the economy has been in a steady and rapid development trend;At the same time, it is these laws that have set up the framework of China's economic legal system, making China's market economy enter the era of law.
Popularization of awareness
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China's reform and opening up started in the countrysideHousehold contract responsibility systemThe motive is the people's pursuit of wealth.When the economic development has enabled people to get rid of poverty and become rich, people's demand for systems has also moved from market rule of law to democratic politics, and the awareness of rights is increasingly awakening with the continuous deepening of reform.
If the urgent need of economic development for the rule of law has made China's rule of law construction in the previous period show a relatively obvious tendency of instrumentalism, then it is proposed from the report of the 15th National Congress of the Communist Party of ChinaRule of lawBy 1999, the rule of law had been incorporated into the Constitution, and the rule of law had begun to become a basic strategy for governing the country.
After 30 years of democracy and rule of law, many people will talk about the change of "rule of law" and "rule of law".This word represents a great leap in the Chinese concept of governing the country.The ancients also said the rule of law, because the legal system is just a tool in the eyes of rulers, and there is a power hand behind it;The rule of law is different, it represents a new way of governance: any power must operate under the law.The rule of law solves the problem of power control. If we look at it in the time and space of China's thousands of years of history, we will be able to appreciate its weight. This is a fundamental breakthrough in political philosophy.
What is the value of human being?Can power control the tyranny of power?On March 20, 2003, a college student named Sun Zhigang died quietly at a shelter and repatriation station in Guangzhou.With his young life, he ended the 20 year old method of internment and deportation, which won the due dignity for human rights.One year later, on March 14, 2004, the Second Session of the National People's Congress adoptedThe Fourth Amendment to the Constitution"The state respects and safeguards human rights" has become the biggest highlight of this constitutional amendment, and "people first"Governing conceptConstitutionalization.
On May 12, 2008,Wenchuan EarthquakeThe whole world was shocked, and countless fresh lives left the world in an instant.For the dignity of life,National Mourning Day The five-star red flag was lowered for the first time for the compatriots killed in natural disasters, and the character of a country was enhanced in the publicity of rights.people orientedThe concept of human rights supremacy and human dignity supremacy has been deeply rooted in people's hearts and the political life of the country.
It has the same meaning as the incorporation of human rights into the Constitution. The expression of "citizens' legitimate private property is inviolable" also appeared in the 2004 constitutional amendment, which hastened the promulgation of the Property Law.The core of property law lies in the supremacy of people's livelihood and public and private propertyequal protection. Let those who have constant property have perseverance.
The essence of democratic politics isdemocraticElections, as an important aspect of China's democratic political construction, grass-roots democracy is the most direct embodiment of the people's ownership of the country.The Constitution revised in 1982 clearly defined this grass-roots autonomy system;In 1988Organic Law of Villagers' CommitteesIt was put into trial operation and clearly stipulated that "the chairman, vice chairmen and members of the villagers' committee shall be directly elected by the villagers".The Organic Law of the Villagers' Committee, which was formally implemented in 1998, further clarified the autonomous nature of the villagers' committee and improved the procedure of direct election.
It is the deepening of rights protection and the continuous improvement of democratic politics that have enabled China's reform and opening up to promote democracy, people's livelihoodcivil rightsAnd forge ahead bravely on a healthy road that benefits every citizen through development.
Administrative rule of law
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In a sense, 30 years of reform and opening up, for the market and society, is a process of constantly expanding efficiency and playing a role;For the government and administrative power, it is a process of continuous decentralization and self-restraint.The interaction between the two makes the right and power gradually reach the balance point that is most conducive to social development.
It may be unexpected that the first practitioner of China's fight against power with rights in the 30 years of reform and opening up was an old man who was over 60 years old and came from the rural area of Wenzhou, Zhejiang Province.His name is Bao Zhengzhao. In 1988, he filed a lawsuit against Cangnan County Government because his house was forcibly demolished, which was praised by the media as“Civil prosecutorFirst person ".When the pomp of the years dissipates, we review this history again. In the loess ridge, whether the old man who has rested in peace ever thought that the courage of practitioners is always the greatest driving force for social progress.
The rapid development of administrative rule of law has brought China into an era of power self revolution.
Maintain harmony
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In the past 30 years, we have gained a good opportunity for development. We hide our strength, work hard and catch up. We have achieved the dream of a great power with China's speed.All of this stems from China's harmonious and stable social environment in the past 30 years.The early 1980s was the initial stage of China's reform and opening up, but the violent tendency of the whole society from the "Cultural Revolution" period has seriously threatened China's social security.From serviceeconomic constructionFrom the perspective of the overall situation, a massive "strike hard" struggle is in full swing.Statistics show that from January to August 1984, the incidence of criminal cases across the country dropped significantly, and the crime rate was close to the lowest level since the founding of New China.Since then,judicial agenciesWe are constantly improving our own construction in the overall situation of service.
In the past 30 years, from trial mode to executionSystem constructionTo team building, it has achieved its own leap in the context of reform and opening up.
Over the past 30 years, many old public security officers have looked back on their origins with great emotion. It is they who witnessed the leap of public security organs from "management" to "service".
In the past 30 years, many lawyers have been looking back at the past, and their thoughts are difficult to calm. It is they who feel the progress of China's rule of law from their own work and the improvement of social status.
In the past 30 years, how many ordinary people have learned to respect the Constitution and the law, to understand the equality of rights and obligations, and to understand the social responsibility of modern citizens from the continuous popularization of law.
Perform duties according to law, maintain social harmony and stability, and provide servicesreform and opening-up、economic constructionOverall, over the past 30 years, our political and legal work has been making unremitting efforts around this goal.
Citizen growth
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After 30 years, looking at the future from a historical perspective, we suddenly found that our greatest liberation comes from the liberation of people, and our most successful growth comes from the growth of society.It is the disaster that makes us realize this, and it is the disaster that witnessesChinese civil societyThe growth of.
Thirty years ago, everyone would proudly declare, "I am a public family member".Citizens are the vassals of the state. We cannot see the shadow of social existence. The state has all the power and bears all the responsibilities.
30 years later, facing the tragicWenchuan EarthquakeIn the face of the century old Olympic Games, we have seen the greatness of volunteerism and the responsibility of social organizations.We have witnessed a growing and growing civil society together.The world is cheering for it, and we ourselves have found new forces for reform and progress.
There is no denying that the growth of civil society is the result of the construction of democracy and the rule of law. Without the protection of rights by the Constitution and laws, the self-restraint and contraction of administrative power, the transformation and decentralization of government functions, there will be no foundation for civil society.In the context of equal rights and obligations, the growing civil society will inevitably assume more responsibilities and obligations, boost China's future reform and opening up, and open up a new historical space.
A society ruled by law
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A socialist legal system has basically taken shape.On March 8, 2008, the two sessions in Beijing touched the eyes of China and the world.The work report of the Standing Committee of the 10th National People's Congress clearly stated that: "constitutionThe socialist legal system with Chinese characteristics, which is composed of 7 legal departments and 3 levels of legal norms, has been basically formed. "
Needless to say, China is a country lacking the tradition of rule of law. After the founding of New China, we tried to establish a modern system of rule of law, butthe Ten Year CalamityLet all efforts be destroyed.In the past 30 years, we have started from a desert of rule of law, built a modern system of rule of law in the field of system, and completed an enlightenment of the spirit of rule of law in the field of ideology.
In the past 30 years, China's rule of law construction and various Chinese undertakings have gone through a difficult and tortuous development path.fromFeel the stones to cross the riverToScientific Outlook on DevelopmentTo guide the direction of the society, from learning from the successful experience of the West to the "China Model" that has triggered the upsurge of Western research.China is strong from the inside out, and China's confidence stems from our confidence in our unique culture and spirit.
On December 4, 2002,Hu JintaoIn his speech at the conference to commemorate the twentieth anniversary of the promulgation and implementation of the Constitution, comrade pointed out that "the leadership of the Party is that the people are the masters of the country andRule of lawThe fundamental guarantee of the Party is that the people are the masters of the country, which is the essential requirement of socialist democracy. Governing the country according to law is the basic strategy of the Party to lead the people in governing the country. "This exposition is a high generalization of contemporary Chinese legal thought.Since thenThe concept of socialist rule of lawResearch and practice activities began to be gradually systematized.
The concept of socialist rule of law isRule of law, law enforcement for the peopleFairness and justiceThe organic unity of serving the overall situation and the Party's leadership;It is the organic combination of the rule of law thought as the spiritual wealth of all mankind and China's independent development model.Without a thorough understanding of the national conditions and a clear grasp of the 30-year development context, we will not understand the socialist concept of the rule of law, which is full of oriental values and civilized spirit.
If we try to find the direction and power of China's development in the future from the commemoration, the first is the culture representing the national spirit, and the first is based on the civilization of the rule of lawpolitical civilization 。
From the PartyReport to the 17th National CongressAs we can seeThe concept of socialist rule of lawThe construction of rule of law culture has been raised to a new height.Without ideological guidance, there is no way forward. This is the significance of the socialist concept of rule of law.In the past 30 years, China's rule of law has reached a new inflection point, and its legislation has entered a critical period,Judicial reformTest the depth of the system,Administration according to lawFaced with numerous practical problems.These can only be achieved under the guidance of the socialist concept of rule of law.
