How to correctly understand the concept of socialist law

I. Understanding the concept of socialist law:

There are two understandings of the concept of legal system:

First of all, it refers to the views and attitudes towards the legal system. Different people will have different views and attitudes towards a certain legal system.

Second, it refers to people's ideology of attaching importance to, observing and consciously enforcing the law. The concept of socialist legal system is based on the public's high consciousness, which requires people to respect, trust and actively identify with the existing laws. It is the people's personal experience based on the rational understanding of the socialist legal system, and it is a convincing perception and recognition of the law.

From June 5438 to February 2004, when talking about the theme of National Legal Publicity Day, Zhang said that enhancing citizens' legal awareness is the focus and goal of legal publicity and education. Citizens' concept of legal system is rich in connotation, including the concept of participating in the management of state and social affairs according to law, standardizing production and life according to law, supervising the exercise of state power according to law, safeguarding their legitimate rights and interests according to law, and fulfilling legal obligations according to law. The level of citizens' legal concept directly affects the implementation of the basic strategy of governing the country according to law and restricts the historical process of building a socialist country ruled by law. Therefore, it is necessary to realize the formation and improvement of the legal concept of all citizens through solid and effective legal publicity and education.

The concept of socialist legal system is widely used and has the highest frequency. Not only has it appeared frequently in newspapers, radio and television since 1980s, but it has also been used in important reports and resolutions of the CPC Central Committee, the National People's Congress and the State Council and other important documents of the party and the state, as well as normative documents of national legal publicity and education and school education. It is worth noting that in recent years, the concepts of "legal education" and "socialist legal concept" are still used in the documents on ideological and political education in schools and legal education for all. In 2004, "Opinions of the Central Committee of the State Council on Further Strengthening and Improving Ideological and Political Education for College Students" took "strengthening the education of democracy and legal system and strengthening the concept of abiding by the law" as a content of quality education for college students. In 2005, the Implementation Plan of Opinions of Publicity Department of the Communist Party of China Ministry of Education on Further Strengthening and Improving Ideological and Political Theory Courses in Colleges and Universities clearly stipulated that the main task of the course "Ideological and Moral Cultivation and Legal Basis" is to carry out socialist moral education and legal education, to help students enhance their socialist legal concept, improve their ideological and moral quality and solve practical problems encountered in their growth.

In 2006, the Fifth Five-Year Plan of Publicity Department of the Communist Party of China and the Ministry of Justice on promoting citizens' legal education and the NPC Standing Committee's decision on strengthening legal education for the whole people took further improving the socialist legal concept and legal quality as one of the goals of promoting citizens' legal education. All these show that the concept of "socialist legal concept" is not outdated, and it will still be widely used in the fields of legal publicity and education for the whole people and school education, and its meaning will be richer.

Second, the basic characteristics of the concept of socialist rule of law:

1, politics with characteristics.

The realization of the rule of law needs corresponding policies, organizations and power bases, and its realization degree is subject to the development degree of political civilization; The rule of law provides the rules and basis for the operation of power for political construction. Socialist rule of law is based on socialist democracy, which confirms and guarantees socialist democratic politics. The concept of socialist rule of law regards serving the overall situation as an important mission of socialist rule of law, regards the leadership of the Party as the fundamental guarantee of socialist rule of law, and requires comprehensive service to the construction of socialist political, economic, cultural, social and ecological civilization, constantly improving the Party's ability to govern scientifically, democratically and legally, and realizing the unity of stressing the rule of law and politics.

2. Completely popular.

The socialist rule of law embodies the fundamental interests and common will of the overwhelming majority of the people, and is the way, process and state in which the party leads the people to formulate and implement laws and effectively govern society. The fundamental purpose of socialist rule of law construction is to realize, safeguard and develop the interests of the overwhelming majority of the people. The socialist rule of law is closely related to the production and life of all citizens. People are the main body of the rule of law and an important participant and driving force in the construction of the rule of law. The concept of socialist rule of law regards law enforcement for the people as the essential attribute of socialist rule of law, which embodies the nature of people's democratic dictatorship and the principle of people's sovereignty, confirms the people's dominant position, and stipulates the fundamental purpose of rule of law construction. Internally, it requires all citizens to consciously establish and practice the concept of socialist rule of law, become the carrier of the concept of socialist rule of law, consciously take the concept of socialist rule of law as the guide, abide by the law and safeguard the basic principles and spirit of the rule of law.

3. The scientific nature of the system.

Guided by Marxism, the concept of socialist rule of law absorbs and draws lessons from the essence of domestic and foreign rule of law thoughts and the outstanding achievements of human civilization of rule of law, summarizes the experience and lessons of China's rule of law construction, and scientifically answers major theoretical and practical questions such as "what is a socialist country ruled by law" and "how to build a socialist country ruled by law" from the current basic national conditions, which embodies the realistic combination of nationality and times and is an advanced scientific concept. As far as the content composition is concerned, the socialist concept of rule of law is a scientific organic unity. The five contents of "ruling the country according to law, enforcing the law for the people, being fair and just, serving the overall situation and leading by the Party" reflect and stipulate the socialist rule of law from different aspects, and define the core content, essential requirements, value pursuit, important mission and fundamental guarantee of the socialist rule of law. Each aspect is interlocking and complementary, forming a scientific organic whole.

4. completely open.

The concept of socialist rule of law is not an isolated existence, nor is it a closed and static ideological system. Its formation, development and practice are completely open. In China, an ancient country with a history of 2,000 years of feudal society, the tradition of rule by man goes back to ancient times, the consciousness of rule by man is deeply rooted, and the great inertia of system and psychology determines that the process of rule by law in China can only be a difficult and long-term process of constantly eliminating the influence of wrong, backward and vague rule by law thoughts. This also determines that the socialist concept of the rule of law cannot remain unchanged and must be gradually developed. With the continuous improvement of the socialist rule of law, the connotation of the socialist concept of rule of law will also be more contemporary, regular and creative, and constantly learn from and absorb the outstanding achievements of human civilization ruled by law. It can be said that it is this characteristic of extensive absorption, inclusiveness and keeping pace with the times that makes the socialist concept of rule of law always guide the practice of rule of law in China and always maintain a strong vitality.