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中国法治变革:全二册

李林[著]

社会主义法制 研究 中国

2019-11-01

978-7-5203-5551-3

961

11

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内容简介

中国改革开放的历史,就是一部中国法治不断变革、日趋完善和持续发展的“变法史”。本书全面阐述了中国共产党如何立足于中国国情和实际,领导全国人民发展社会主义民主,坚定不移走中国特色社会主义法治道路,建设中国特色社会主义法治体系,建设社会主义法治国家的伟大历程。本书通过对当代中国法治变革和依法治国等一系列理论和实践问题的系统梳理和深入研究,详细论述了中国从新时期到新时代法治变革的法理依据、实践历程、内在逻辑、主要观点、改革举措、重大成就、面临挑战等重大问题,描绘了法治中国建设的奋斗目标和未来图景。

The 40 years since the start of the reform and opening-up in 1978 has been a process of exploration of the road of socialism with Chinese characteristics,construction of a modernized country,and realization of the goal of making the Chinese nation rich and strong. It has been the 40 years that determined and changed the fate of the Chinese nation. During this period of time,the Communist Party of China has led the Chinese people in developing socialist democracy,constructing socialist rule of law,unswervingly following the path of socialist rule of law with Chinese characteristics,moving from the rule of man to the rule by law and ultimately to the rule of law and ruling the country by law in a comprehensive way,promoting the profound reform and comprehensive development of the legal system,truly respecting and effectively safeguarding human rights,upholding social fairness and justice,improving and realizing the people’s well-being,enriching the theory of socialist rule of law with Chinese characteristics,and constructing a socialist state under the rule of law,and achieved unprecedented succes ses in all the above endeavors. During this period of time,the development of the rule of law has been closely integrated with the reform and opening-up,forming a relationship of mutual supplementation,mutual promotion and mutual development. In a sense,the history of reform and opening-up in China has also been a history of“legal transformation”in which the legal system has been continuously reformed,improved and developed,as well as a“development history”in which the Chinese nation has taken the path of socialist rule of law with Chinese characteristics,developed a system of law with Chinese characteristics, constructed a system of the rule of law with Chinese characteristics,and built a state under the rule of law. The 40 years history of construction of the rule of law and legal transformation in China is a process of negating the rule of man and despotism,establishing principles of the rule of law and democracy,taking ruling the country by law as the basic strategy of state governance,and guiding,confirming,regulating,promoting and safeguarding reform and opening-up and economic and social development through the rule of law. Basing on the actual situation in China,focusing on such fundamental questions as why and how China should implement the rule of law and why China must take the road of socialist rule of law with Chinese characteristics,having in mind the objective of building China into a strong modernized socialist state under the rule of law,and taking the theoreti cal exploration and practicing process of ruling the country by law as the entry point,this book expounds such major issues relating the legal transformation in China in“the new histori cal period”and in“a new era”as jurisprudential basis,practicing process,inherent logic,main standpoints,reformmeasures,major achievements and challenges,and describes the objective of struggle and the future prospect of the construction of the rule of law in China.The book,which is divided into one introduction and ten chapters,applies historic logic,practi cal logic and theoreti cal logic to explore the following issues relating to the construction of the rule of law in contemporary China:the dialectic relationship between the reform and opening-up and the construction of the rule of law; the relationships between development of democracy and legal transformation and between electoral democracy and consultative democracy; ruling the country by law,building politi cal civilization,and reforming the politi cal system; bringing economic and social development under the rule of law and the role played by the rule of law in promoting and safeguarding economic and social development; legal transformation,construction of a harmonious society and realization of social justice and fairness through the development of the rule of law; building the culture of the rule of law,ruling the country by law and ruling the country by virtue; the current situation and the future prospect of the judicial system and judicial reform; jurisprudential issues relating to the construction of the intra-Party regulation system of the Communist Party of China against the background of legal transformation; ruling the country by law and the lawbased mode of online social governance; and the new objective and the new journey of accelerating the construction of the rule of law in a new era. Through a systematic review and in-depth study of a series of major theoreti cal and practi cal issues relating to the legal transformation and the work of ruling the country by law in contemporary China,the book sums up some basic experiences,expounds some important viewpoints,makes some basic judgments,puts forward some positive suggestions,and describes some long-term objectives ... all of which are of great histori cal significance to deepening the understanding of the adherence by China to the strategy of attaching equal importance to the reform and opening-up on the one hand and the construction of the rule of law on the other hand in a new era. They are also of high theoreti cal importance and academic value to the understanding of the strategic significance of deepening the reform in the field of the rule of law,advancing the work of ruling the country by law in a comprehensive way,and building China into a strong modernized state under the rule of law.(AI翻译)

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