Urgent for the paper "The Importance of Law"

The Significance of Law in Social Harmony

Reagent110220118350218 Wu Yunyong

The first thing that distinguishes law from other social norms such as moral norms, religious norms, customs, social etiquette and professional norms is that it is a social norm created by the state and guaranteed to be implemented. Laws are not only formulated and recognized by the state, but also guaranteed to be implemented by the state. In other words, the law is enforced by the state. The compulsion of law is not only manifested in the denial and punishment of illegal acts by the state, but also in the affirmation and protection of legal acts by the state.

Keywords: harmonious society? Advanced culture of socialist market? democracy

First of all, law is the necessary guarantee for building a harmonious society.

A harmonious socialist society is essentially a society ruled by law, and building a harmonious socialist society means building a socialist country ruled by law. Strengthening the construction of social rule of law is the cornerstone and guarantee to realize the harmonious development of society. The guarantee of socialist rule of law to a harmonious society is mainly reflected in four aspects:?

The (1) law's guarantee function for building a harmonious socialist society is embodied in legislation. It is the primary requirement of socialist rule of law to have laws to follow, and it is also the premise of implementing socialist rule of law. With a complete legal system as a guarantee, we can better guide, standardize and restrain the behavior of citizens and the government, make them act according to law and have rules to follow, and lay a good foundation for building a harmonious society.

(2) The role of law in safeguarding the construction of a harmonious socialist society is reflected in the aspects of justice and law enforcement. Fair and efficient justice is a powerful guarantee for building a harmonious society. Justice is often regarded as the last line of defense of social justice, which is the inherent requirement of a harmonious society. Only by establishing a fair and efficient judicial system and truly forming a fair and just social environment can people from all walks of life get their proper places and live in harmony, and society can be stable. Similarly, the fairness and efficiency of law enforcement is also a natural requirement. ?

(3) The role of law in safeguarding the construction of a harmonious socialist society is reflected in abiding by the law. It is the inherent requirement of building a harmonious society that members of society abide by the law and the government acts in strict accordance with the law. The main content of building a harmonious socialist society is to constantly improve the law-abiding awareness of all members of society and the legal awareness of the government's administration according to law.

(4) The guarantee function of law to the construction of socialist harmonious society is reflected in legal supervision. Legal supervision indirectly guarantees and constructs a harmonious society through its role in legislation, judicature and law-abiding.

? Second, the law guarantees the smooth development of the socialist market economy.

The administrative organ is the department that has the greatest influence on economic and social development and the closest relationship with citizens, so it is also the department with the greatest power, the largest number of institutions and the largest number of people. Due to the long-standing official-oriented thought in Chinese history, the economy has been directly interfered by the government, and the rights that should belong to enterprises and individuals have been violated by administrative organs, making it impossible to realize the rights entrusted by law to market subjects.

Therefore, we must first change government functions. Specifically, it is to reshape the relationship between the government and the market subject in the form of law. On the one hand, the old functions that are incompatible with the market economy are abolished, on the other hand, the new functions required by the market economy are determined. The market economic system requires breaking the economic model with the government as the center and planning orders as the means, taking the market as the center of economic activities and taking economic laws as the criterion for market operation. Therefore, the government's management of the economy must be changed from direct micro-management to macro-and indirect management, with emphasis on making strategic plans, establishing market rules, providing services for market participants, promoting market development and maintaining market order. Practice has proved that it is impossible to form a free, competitive and fair market mechanism without changing government functions. Secondly, the government's law enforcement behavior should abide by the principle of statutory authority. This requires the government to act within the scope stipulated by law, and the government that is not stipulated by law has no right to exercise it, which emphasizes the limitation of government power. The traditional official-based management government emphasizes that the rights of enterprises are limited and the power of the government is unlimited. This phenomenon of power inversion finally makes enterprises become affiliated departments of the government, and the government can manage them through various means, which makes enterprises lose their freedom and vitality. Therefore, ignoring the limitation of government power and allowing it to develop under the market economy system may lead to a series of consequences such as destroying market relations, damaging free competition and ignoring the rights of market subjects, thus hindering the development of market economy. ?

Three. The role of law in cultural construction

The comprehensive social governance mode of "rule by courtesy and rule by law" in China's traditional legal culture: the mixed mode of coexistence of written law and case law, written law and folk law, the cost-saving social contradiction mediation mechanism under the value of "no litigation"; The law-abiding concept of "there is no dignity in law" and "there is no hierarchy in punishment"; The humanism of "concealing relatives" in judicature: the judicial humanism of "cautious punishment and sympathy for prison": the judicial value orientation of "substantive justice"; The "collectivism standard" of law: the concept of "rule by man"; Political morality of "being close to the people"; Simplicity of legal language; Humanistic quality of judicial personnel; Ancient administrative legislation, supervision system, building a clean government and the experience of "political reform" in history. All of them contain elements that conform to the modern rule of law. After transformation, they can completely serve the current rule of law construction.

Carefully identify, take its essence and discard its dross. China's traditional legal culture is rich in content, which contains many excellent elements, and there are more dross that do not conform to the spirit of modern rule of law and are abandoned by the times. Therefore, when using traditional legal culture, we must carefully identify it. Absolutism, legal instrumentalism, pan-criminology and other contents that obviously do not conform to the spirit of modern rule of law should be abandoned without hesitation, and the excellent elements contained in them must also be carefully identified and used skillfully and reasonably.

? Fourth, the significance of law in the democratic process.

First, strong legislation and weak justice. In China, the main body of legislation includes the people's congresses, their standing committees and governments of the whole country, provinces (autonomous regions and municipalities directly under the Central Government) and larger cities. Although judicial organs can make judicial interpretations, judicial organs are not the main body of the legal system, and judicial interpretations cannot create new principles and norms outside the law. That is to say, in China, only the legislature and the administrative organ can become the main body of the legal system, and "judges make laws" is totally unacceptable in theory and practice. Judging from the actual allocation of state power, judicial power is weaker than legislative power, so it is impossible to review legislation or violate the constitution. Although there is an administrative litigation system, judicial organs can conduct judicial review of administrative acts, but judicial power is obviously weaker than administrative power in fact. Under such a system, China's legal system adopts a mandatory legislative model, which makes rational "logic" more weighty than daily "experience" in our legal practice. ?

Second, strong countries and weak countries. Theoretically, there are many ways to generate rules. Legislation and judicial activities can produce rules, and social members or the same subject can spontaneously form rules through long-term interaction. Therefore, there are differences between "national law" and "living law", "legislation" and "law" and "law in action" in jurisprudence. Under the guidance of compulsory legislation mode, not only the role of judicature in the formation of legal rules is restrained, but also it is not enough for social members or the same subject to spontaneously form rules through interaction in just 30 years. In the process of the formation of the legal system, the legislature and the government occupy an obvious dominant position, and the legislative activities are more manifested in legal transplantation and social reform and transformation based on the national position. This may lead to the inconsistency between legal rules and the actual needs of society for rules, or the disconnection between legal provisions and social reality. As a result, laws are often revised quickly and frequently in legal practice, and the legal order in those areas that have not been effectively regulated in social life is often realized through social management with a strong "governance" color.

Third, strong formulation and weak implementation. It's one thing to make laws, and it's another thing whether the laws are actually implemented. In the early days of reform and opening up, when the legal system construction achieved initial results, the problem of law enforcement actually appeared. The Twelfth National Congress of the Communist Party of China specifically pointed out in 1982, "The problem now is that not only a considerable number of people, but also a considerable number of party member, including some responsible cadres, have not fully understood the importance of legal construction, and the phenomenon of non-compliance with laws and lax enforcement still exists in some aspects, and the laws that have been formulated have not been fully observed and implemented." Since then, while many laws have been promulgated, the authority to safeguard the unity of the legal system and constitutional laws has been repeatedly emphasized. Nevertheless, illegal or even unconstitutional acts, local and departmental protectionism and "difficulties in implementation" still exist, and some rights and principles stipulated in the Constitution and laws have not been fully implemented in fact. As far as practice is concerned, irregular law enforcement inspection, special rectification and "strike hard" also reflect to some extent that the conventional mechanism of strict law enforcement in China still needs to be further improved.

Fourth, strong politics and weak law. As far as the relationship between politics and law is concerned, politics needs the norms and constraints of law, and law also needs the support and maintenance of politics to a great extent. On the relationship between politics and law, on the one hand, although politics and administration have increasingly turned to the rule of law in the last 30 years compared with the first 30 years after the founding of New China, politics still has a huge leading role and practical influence on legal practice. For example, although the constitution is the fundamental law of the country, it is still a constitution that needs to be amended, and it can actually be amended from time to time in the reform era; The formulation and revision of some laws are influenced and interfered by the interests of departments and industries; The degree of specialization of legislative and judicial activities is not high enough, especially the judicial organs undertake a large number of political, administrative and even social functions in addition to judicial functions. On the other hand, legislation and legal practice need to be influenced by conventional politics in democratic legislation, public participation in legislation and legislative supervision.

Consult the literature: Ideological and Moral Cultivation and Legal Construction, An Introduction to the Theoretical System of Mao Zedong Thought and Socialism with Chinese characteristics. ?