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Characteristics,Indicators,and Methods of Chinese Modernization of the Rule of Law
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作者 FAN Jinxue 《Frontiers of Law in China-Selected Publications from Chinese Universities》 2023年第3期379-406,共28页
Chinese modernization of the rule of law is an important dimension of Chinese modernization;it has some commonalities with the rule of law modernization of all countries but it is more characterized by features that a... Chinese modernization of the rule of law is an important dimension of Chinese modernization;it has some commonalities with the rule of law modernization of all countries but it is more characterized by features that are unique to the Chinese context.The prominent feature that constitutes the Chinese characteristics,Chinese style,and Chinese model,is the adherence to the path of socialist rule of law with Chinese characteristics.It is this feature that determines the difference with Western rule of law modernization.Representingg a new form of human rule of law civilization,the Chinesestyle primarily features the building of a socialist law-based country,government,andSsociety,including centralized,unified,authoritative,andefficient Chinese-style national supervision,as well as the dual existence of constitutional review by the Communist Party of China(CPC)and by the state.Chinese modernization cannot be made possible without the rule of law being modernized and serving as a safeguard.Comprehensive promotion of the rule of law is an overriding approach,and two methods have to be followed specifically:firstly,construction of a modern socialist country in all aspects under the rule of law,and secondly,performance of all work of the state under the rule of law. 展开更多
关键词 China rule of law modernization law-based country law-based government law-based society
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Theoretical Framework of Chinese Modernization of the Rule of Law
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作者 WANG Xigen 《Frontiers of Law in China-Selected Publications from Chinese Universities》 2023年第3期332-347,共16页
The integrationof Chinese modernization and rule of law has given rise to the Chinese modernization of the rule of law.In terms of the concept building,Chinese modernization of the rule of law is a synthesis of rule o... The integrationof Chinese modernization and rule of law has given rise to the Chinese modernization of the rule of law.In terms of the concept building,Chinese modernization of the rule of law is a synthesis of rule of law in China,modern rule of law,and Chinese style.In terms of the target model,Chinese modernization of the rule of law maximizes efficiency through the building of unique rule of law system and the integration of the rule of law country.In terms of the core principles,Chinese modernization of the rule of law could be interpreted and explained from five aspects:subject scale,value positioning,civilization form,spatial dimension,and global perspective.Essentially,the Chinese modernization of the rule of law comprehensively highlights the nine intrinsic requirements of Chinese modernization,thussproviding strong guarantee for its accomplishment.With regard to the form of civilization,Chinese modernization of the rule oflaw has created a new form of human rule of law civilization,in terms of subject,object,content,and path,and can be considered to be a developmentbased new form of rule of law advancement. 展开更多
关键词 Chinese modernization rule of law rule of law modernization rule of law civilization
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The Approach to Chinese Modernization of the Rule of Law
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作者 YU Zhong 《Frontiers of Law in China-Selected Publications from Chinese Universities》 2023年第3期407-433,共27页
The essence of Chinese modernization of the rule of law is to promote a modern legal system in China.The approach to Chinese modernization of the rule of law refers to the Chinese approach to promoting a modern legal ... The essence of Chinese modernization of the rule of law is to promote a modern legal system in China.The approach to Chinese modernization of the rule of law refers to the Chinese approach to promoting a modern legal system.By comprehensively reviewing the history and reality,theory and practice,and actual and desirable aspects of Chinese modernization of the rule of law,we can summarize the Chinese approach to promoting a modern legal system.This approach containssvariouselements,including a leadership system for the rule of law with centralized and unified leadership by the Central Committee of Communist Party of China,a rule of law virtue principle of putting the people first,a functional orientation of the rule of law toward national governance,and a historical-legal consciousness that inherits fine traditional Chinese legal culture.These key elements play a prominent role and can effectively showcase the Chinese approach to promoting a modern legal system.Describing such a Chinese approach not only helps to summarize the fundamental experience of Chinese modernization of the rule of law but also showcases the Chinese logic and Chinese characteristics in this modernization process. 展开更多
关键词 Chinese modernization of the rule of law legal system Party leadership putting the people first national governance traditional culture
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The Path Evolution for Chinese Modernization of the Rule of Law
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作者 GONG Pixiang 《Frontiers of Law in China-Selected Publications from Chinese Universities》 2023年第3期348-378,共31页
The Communist Party of China(CPC)has created a new path for Chinese modernization and a new form of human civilization while leading the people in advancing a great social transformation.Chinese modernization of the r... The Communist Party of China(CPC)has created a new path for Chinese modernization and a new form of human civilization while leading the people in advancing a great social transformation.Chinese modernization of the rule of law is an integral part of this new path.With a high degree of historical initiative and consciousness,the CPC has solidly grasped the basic regularity of China's legaldevelopmenttbased on actual national conditions,and has successfully pioneered,upheld,and expanded Chinese modernization of the rule of law.Legal construction during the New-Democratic Revolution hasreflected theearly exploration of Chinese modernization of the rule of law.The development of the rule of law during the period of socialist revolution and construction has laid a preliminary foundation for the formation of Chinese modernization of the rule of law.The new great social transformation of reform and opening up has further promoted such modernization.The construction of a law-based China in the new era of socialism with Chinese characteristics marks a further expansion and deepening of modernization.Therefore,Chinese modernization of the rule of law is rooted in the Chinese land,conforms to the characteristics of China,and draws on the excellent achievements of the world's legal civilization.It encapsulates profoundhistorical,theoretical,and practical logic,and has created a new model of modernization of the rule of law in a civilized society. 展开更多
关键词 XI Jinping Thought on the Rule of law Chinese modernization of the rule of law path evolution autonomous character Chinese logic
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Promoting Chinese Modernization of the Rule of Law and a New Form of Human Advancement of the Rule of Law-Interpretation of the Essence of the Rule of Law of the Report to the 20th National Congress of Communist Party of China
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作者 HUANG Wenyi 《Frontiers of Law in China-Selected Publications from Chinese Universities》 2023年第3期294-331,共38页
One of the significant theoretical contributions of the Report to the 20th National Congress of the Communist Party of China(CPC)is a well-conceived systematic Chinese modernization theory,which is developed based on ... One of the significant theoretical contributions of the Report to the 20th National Congress of the Communist Party of China(CPC)is a well-conceived systematic Chinese modernization theory,which is developed based on the profound summarization of the successful experience of Chinese modernization,and on the modernization theories of China and other countries.Chinese modernization of the rule of law,a section of the lawbased Chinese modernization,focuses on the subject of rule of law.Breaking the myth of Western centralism,it creates a new model of modernization of the rule of law and produces a revolutionary effect on the modernization of the rule of law modernization in the world.It presents distinctive Chinese features and Chinese vision.Led by the CPC,it is an independent exploration,people-centered,organized,and planned,and has lofty value goals.Driven by modern science and technology forworld peace and development,the principal task of Chinese modernization of the rule of law is to create a system of socialist rule of law with Chinese characteristics and a new form of human advancement of the rule of law.Its great mission is to build China into a modern socialist country in all respects under the rule of law,ensuring that the rule of law runs through all areas and aspects of national governance and construction,so that building China into a great modern socialist country with the high-quality rule of law can be guaranteed. 展开更多
关键词 Chinese modernization Chinese modernization of the rule of law socialist rule of law system with Chinese characteristics the rule of law in China new form of human advancement of the rule of law
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On Modernization of the Diversified Resolution Mechanism for Civil and Commercial Disputes in China
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作者 LIU Xiaohong 《Frontiers of Law in China-Selected Publications from Chinese Universities》 2024年第1期98-116,共19页
The report to the 20th National Congress of the Communist Party of China put forward a scientific and systematic theory of the Chinese path to modernization,in which the modernization of the rule of law is both an int... The report to the 20th National Congress of the Communist Party of China put forward a scientific and systematic theory of the Chinese path to modernization,in which the modernization of the rule of law is both an integral part and a strong guarantee.Building a modern socialist country in all respects under the rule of law requires attention to the settlement of civil and commercial disputes.The separation of civil society and the political state,along with their mutual influence,has led to the development of diverse dispute-resolution mechanisms.Globalization has further accelerated their development and transformation.In face of the adjustments to the dispute resolution system amid the unprecedented changes of the century,China should complete the top-level design of the diversified settlement of civil and commercial disputes by deploying legislative and judicial resources to enhance the leading role of litigation in resolving these disputes.At the same time,China should continue to prioritize alternative dispute resolution mechanisms,improve the credibility of arbitration,and leverage the aggregating power of mediation,so as to serve the construction of the Chinese path to modernization. 展开更多
关键词 Chinese path to modernization modernization of the rule of law diversified dispute resolution high-standard opening-up
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