2016Journal of Beijing Union UniversityRequires access

On the Rule of Law in the Socialist Legal System in China

Chen Jin-zha

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Abstract

The fourth plenary session of 18 th Communist Party of China( CPC) Central Committee proposed proposition of the socialist rule of lawin China. This is theoretical basis of insistence on route of Socialist Rule of Law and transformation of governance by rule of law. From a historical perspective,the combination of socialism and rule of law is a major change in legal history. The rule of law is characteristic of Chinese socialism,but not socialist rule of law with Chinese characteristics. The system China's socialist rule of law needs axioms of rule of law,and axioms of rule of law are rule of law recognized by public. The essential feature of socialist country ruled by law is that party should be governed by law,and to accept constraints of constitution and laws. The construction of theory of socialist rule of law needs to clarify basic meaning of rule of law: rule of law is socialist political morality,is way of realization of socialist road,is a strategic implement of improving system of socialist rule of law as main method.

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The fourth plenary session of 18 th Communist Party of China( CPC) Central Committee proposed proposition of the socialist rule of lawin China. This is theoretical basis of insistence on route of Socialist Rule of Law and transformation of governance by rule of law. From a historical perspective,the combination of socialism and rule of law is a major change in legal history. The rule of law is characteristic of Chinese socialism,but not socialist rule of law with Chinese characteristics. The system China's socialist rule of law needs axioms of rule of law,and axioms of rule of law are rule of law recognized by public. The essential feature of socialist country ruled by law is that party should be governed by law,and to accept constraints of constitution and laws. The construction of theory of socialist rule of law needs to clarify basic meaning of rule of law: rule of law is socialist political morality,is way of realization of socialist road,is a strategic implement of improving system of socialist rule of law as main method.

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Available abstract

The fourth plenary session of 18 th Communist Party of China( CPC) Central Committee proposed proposition of the socialist rule of lawin China. This is theoretical basis of insistence on route of Socialist Rule of Law and transformation of governance by rule of law. From a historical perspective,the combination of socialism and rule of law is a major change in legal history. The rule of law is characteristic of Chinese socialism,but not socialist rule of law with Chinese characteristics. The system China's socialist rule of law needs axioms of rule of law,and axioms of rule of law are rule of law recognized by public. The essential feature of socialist country ruled by law is that party should be governed by law,and to accept constraints of constitution and laws. The construction of theory of socialist rule of law needs to clarify basic meaning of rule of law: rule of law is socialist political morality,is way of realization of socialist road,is a strategic implement of improving system of socialist rule of law as main method.

Key concepts: Chinese law, Public law, Comparative law, Law, Rule of law, Due process, Municipal law, Private law

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