Chinese Modernization of the Rule of Law: Governance Philosophy, Judicial Logic and Practice Review
DOI:
https://doi.org/10.54691/z13gaa47Keywords:
Socialist rule of law with Chinese characteristics; Modernization of the rule of law; Pujiang experience; Fengqiao experience; Impartial administration of justice.Abstract
The socialist rule of law with Chinese characteristics contains a wealth of practical wisdom in governance, and is a scientific methodology for our comprehensive construction of a socialist country under the rule of law. The Party's 20th National Congress deepened the understanding of the regularity of socialist rule of law construction, and expanded and innovated the practical dimension of socialist rule of law thought with Chinese characteristics. The socialist rule of law with Chinese characteristics is not a simple construction of the rule of law theory, but a two-way deepening and sublimation of the rule of law theory and the rule of law practice. China's rapid economic development and long-term social stability have broken the "Huntington paradox", which mainly relies on the following two aspects of the rule of law practice. The first is China's unique grass-roots governance model, which is typically represented by Fengqiao experience and Pujiang experience. Fengqiao experience and Pujiang experience are combined fists, closed-loop measures to solve grassroots conflicts and disputes, and typical experiences in the process of China's rule of law practice. The second is "strict justice" and "fair justice". In judicial practice, it is necessary for judicial justice to guarantee the procedural rights of litigants. As two basic practical concepts in the socialist rule of law with Chinese characteristics, the concept of grassroots governance and the concept of justice enrich the practical wisdom of the construction of the rule of law in our country and help the transformation of our social governance model.
Downloads
References
[1] Chen Baofeng: The Chinese Characteristics of the Modernization of Chinese rule of Law, Law and Social Development, No. 2, 2023, p. 7.
[2] Wang Zhongqi: On the Practical Form of the Road of Socialist Rule of Law with Chinese Characteristics, SJTU Law Review, No. 4, 2022, p. 22.
[3] Gong Peixiang: A Theoretical Guide to China's Judicial Modernization in the New Era, Studies in Law Business, No.1, 2019.
[4] Yu Zhong: The Construction Plan of Chinese-style Rule of Law Modernization, Science of Law, No. 2, 2023, p. 24.
[5] Gu Peidong: Judicial Research in Contemporary China, The Commercial Press 2022, p. 300.
[6] Zhang Jianwei: Analysis of the phenomenon of judicial mechanism and its Causes, Law-Based Society, No. 1, 2023.
[7] Liu Jialiang: Interpretation of the functions of Judicial Confirmation Procedures, Journal of Political Science and Law, No. 4, 2018, pp. 60-70.
[8] Pan Jianfeng: On Judicial Confirmation, China Legal Science, No.3, 2011, pp. 41-49.
[9] Li Xiaohui: On the People-centered rule of Law, Law and Social Development, No. 3, 2023, p. 17.
[10] Gong Peixiang: The Internal Logic of the New Road of Modernization of Chinese-style Rule of Law, China Legal Science, No.10, 2021, pp. 10-11.
Downloads
- Views: 29 | Downloads: 11 PDF
Published
Issue
Section
License
Copyright (c) 2024 Scientific Journal Of Humanities and Social Sciences
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.