Three Sources of the Authoritativeness of the Rule of Law in Contemporary China and Comprehensively Strengthening Party Discipline

Lu Pinyue

Journal of Shanghai University of Finance and Economics Vol. 19, Issue 01, pp. 4 - 12 (2017)  DOI:10.16538/j.cnki.jsufe.2017.01.001

Abstract

The authoritativeness of the rule of law is the first prerequisite for the rule by law. And this authoritativeness comes from three interrelated aspects. Firstly, the rule by law should originate from the law of social historical development, and make people have a supreme sacred sense for it through sanctified form, thus occupying the commanding height of ideology. In contemporary China, the law should accord with the objective requirements of realizing the Chinese dream of rejuvenation of the Chinese nation. Secondly, it is rooted in the secular foundation of the recognition of the social tradition, namely it is in accordance with mental structures and behavior patterns of social members formed in national historical process, and makes the public identify with the law. Thirdly, it comes from the prestige power of the behavior of these practitioners of the rule of law, namely the executors of the rule of law strictly regulate their own and others behavior by the law in legislative, judicial and law enforcement behavior, thus making people have a sense of reverence for the law. In contemporary China, it also should take comprehensively strengthening the Party discipline as the prerequisite. These three above constitute precisely the three aspects of the Chinese philosophy, namely heaven, earth and man, and they are combined with each other to form a whole, to build the authority of the law and legal system as a whole.

Keywords

sacred sense of the rule of law; identification; prestige power; heaven; earth and man