A market economy requires the individual rights of citizens be protected, and that the exercising of those rights be regulated, whose realization depends on the legalization of human rights protection On the one hand...A market economy requires the individual rights of citizens be protected, and that the exercising of those rights be regulated, whose realization depends on the legalization of human rights protection On the one hand, individual rights must be protected by law On the other hand, a law-based society needs to be built so the boundaries of individual rights are clear, the exercising of those rights are regulated, conflicts between rights can be resolved through the courts, and the personal infringement of others’ rights and the overall interests of the society is prohibited by law During the 40 years of China’s ref orm and opening-up in China, the promotion of the legal protection of human rights mainly lies in three aspects: first, the important role of the rule of law plays in protecting human rights has been clarified; second, the four steps of the rule of law(scientific legislation, strict law enforcement, judicial justice and observance of the law by all Chinese citizens) have been strengthened to safeguard human rights fully and effectively; third, the Chinese human rights system under the rule of law has gradually been aligned with international norms.展开更多
The rule of law has international as well as domestic attributes, so it can be divided into two levels： the domestic rule of law and the international rule of law. Using the thinking behind the international rule of ...The rule of law has international as well as domestic attributes, so it can be divided into two levels： the domestic rule of law and the international rule of law. Using the thinking behind the international rule of law to build the rule of law in China is both necessary and inevitable. China should put into practice the idea of the international rule of law at the institutional and the governance levels, and should at the same time participate in the UN＇s rule of law activities and in international rule-making, thereby extending its rule of law discourse power and influence in the international sphere.展开更多
The rule of law in China should be advanced under a systems framework. The systems framework on which the Chinese rule of law relies is shaped by the socialist democratic system. Socialist consultative democracy, whic...The rule of law in China should be advanced under a systems framework. The systems framework on which the Chinese rule of law relies is shaped by the socialist democratic system. Socialist consultative democracy, which responds to the core themes of the determinant of socialism, Party leadership, the democratic tradition of New China and native resources for constructing the rule of law, is an important resource for constructing the rule of law in China. In a constitutional system of＂ruling Party--political power--the people＂ that takes the sovereignty of the people as the logic of its starting point, consultative democracy plays the role of functional coupling. Popular sovereignty gains political legitimacy on the basis of multi- party cooperation and political consultation under the leadership of the CPC, thus translating the will of the ruling Party into the will of the state. Consultative democracy constitutes an essential process in national decision-making, affording a basis for the construction of the inherent logical sequence of ＂ruling Party--Consultative Conference--People＇s Congress.＂ The democratic supervision exercised by the Consultative Conference is an extension of political consultation; from it unfolds the systems framework of the rule of law in China.展开更多
Currently,research on the Chinese legal system is flourishing,and more and more issues are worthy of exploration.The Chinese legal system is unique among the five major legal systems in the world.It is the only ancien...Currently,research on the Chinese legal system is flourishing,and more and more issues are worthy of exploration.The Chinese legal system is unique among the five major legal systems in the world.It is the only ancient secular legal system,and the only ancient secular legal system to have been disseminated by non-coercive means.The openness of the Chinese legal system is a powerful proof that traditional Chinese law plays a role in importing and exporting legal policies and measures from and to other states.Indeed,these issues are important in research on the Chinese legal system,and a correct understanding of them can help to comprehensively understand traditional Chinese legal culture.It is essential to deepen the research on the Chinese legal system to contribute to its revival and to the inheritance of traditional Chinese legal culture.In addition to comprehensive discussions,it is also necessary to fill gaps and advance the research on the Chinese legal system.展开更多
文摘A market economy requires the individual rights of citizens be protected, and that the exercising of those rights be regulated, whose realization depends on the legalization of human rights protection On the one hand, individual rights must be protected by law On the other hand, a law-based society needs to be built so the boundaries of individual rights are clear, the exercising of those rights are regulated, conflicts between rights can be resolved through the courts, and the personal infringement of others’ rights and the overall interests of the society is prohibited by law During the 40 years of China’s ref orm and opening-up in China, the promotion of the legal protection of human rights mainly lies in three aspects: first, the important role of the rule of law plays in protecting human rights has been clarified; second, the four steps of the rule of law(scientific legislation, strict law enforcement, judicial justice and observance of the law by all Chinese citizens) have been strengthened to safeguard human rights fully and effectively; third, the Chinese human rights system under the rule of law has gradually been aligned with international norms.
文摘The rule of law has international as well as domestic attributes, so it can be divided into two levels： the domestic rule of law and the international rule of law. Using the thinking behind the international rule of law to build the rule of law in China is both necessary and inevitable. China should put into practice the idea of the international rule of law at the institutional and the governance levels, and should at the same time participate in the UN＇s rule of law activities and in international rule-making, thereby extending its rule of law discourse power and influence in the international sphere.
文摘The rule of law in China should be advanced under a systems framework. The systems framework on which the Chinese rule of law relies is shaped by the socialist democratic system. Socialist consultative democracy, which responds to the core themes of the determinant of socialism, Party leadership, the democratic tradition of New China and native resources for constructing the rule of law, is an important resource for constructing the rule of law in China. In a constitutional system of＂ruling Party--political power--the people＂ that takes the sovereignty of the people as the logic of its starting point, consultative democracy plays the role of functional coupling. Popular sovereignty gains political legitimacy on the basis of multi- party cooperation and political consultation under the leadership of the CPC, thus translating the will of the ruling Party into the will of the state. Consultative democracy constitutes an essential process in national decision-making, affording a basis for the construction of the inherent logical sequence of ＂ruling Party--Consultative Conference--People＇s Congress.＂ The democratic supervision exercised by the Consultative Conference is an extension of political consultation; from it unfolds the systems framework of the rule of law in China.
文摘Currently,research on the Chinese legal system is flourishing,and more and more issues are worthy of exploration.The Chinese legal system is unique among the five major legal systems in the world.It is the only ancient secular legal system,and the only ancient secular legal system to have been disseminated by non-coercive means.The openness of the Chinese legal system is a powerful proof that traditional Chinese law plays a role in importing and exporting legal policies and measures from and to other states.Indeed,these issues are important in research on the Chinese legal system,and a correct understanding of them can help to comprehensively understand traditional Chinese legal culture.It is essential to deepen the research on the Chinese legal system to contribute to its revival and to the inheritance of traditional Chinese legal culture.In addition to comprehensive discussions,it is also necessary to fill gaps and advance the research on the Chinese legal system.
