Mo Jihong: On the Rule of Law and a Well-Off Society

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Abstract: This article creatively proposes the conception of “well-off society based on the rule of law”through interpreting the new requirements of the rule of law construction for a well-off society in the report of the 18th National Congress of the Communist Party ( NCCP),that is “ the rule of law of national work”,according to the basic augments on rule of law and a well-off society in the report of the 18th NCCP. The author points out in the article that the “well-off society based on rule of law” is the expectation and requirement for the aspects of the situation of constructing the rule of law ” and the social development objectives of a “well of society”. The author points out the minimum requirement for the level of the rule of law of “legalization” proposed by “well-off society”,including the basic appropriateness and balance between “supply” and “demand” of the rule of law through the basic connotation of the value of “the rule of law” and the minimum system and behavior requirements for “legalization”,mutual coordination between different laws,especially the “unification” of legal system per se,absolutely denying the rule of man,carrying forward the rule of law and actually realizing the value objective of “supremacy of constitutional law” through carrying out the basic strategy of governing the nation according to law,condensing the spirit of rule of law of the form of “the rule of law culture” through “the rule of law thinking” and “the rule of law way” and etc. This article also comprehensively explores the development process of the value connotation of “the rule of law” in China from gradual emergence,improvement to maturity since the third plenary session of the 11th central committee of the Communist Party and points out the fact that “governing the nation according to constitutional law” and “managing state affairs according to constitutional law” are an importance objective and opportunity of the development strategy for the rule of law,which is the only way to realizing “the rule of law of a well-off society”.

Published in China Legal Science, No.1, 2013 (Serial No.171)