Abstract. The construction of the City under the Rule of Law is an important task to conscientiously implement the basic principle of "running the country according to law". In the year 2006, the Central Committee of the Party and the Sate Council transmitted the ““the Fifth Five-year Law Popularization Program”. It has put forward the requirements of implement the construction of the City under the Rule of Law. In the year 2008, the national legal popularization has professional announced the suggestions of implementing the construction activities of the city under the rule of law and the county under the rule of law (the urban district under the rule of law). After the formation of the system of socialist laws in our country, we can basically solve the problem that “there must be laws for people to follow”. In future, it is of great importance to actively advocate the construction of the city under the rule of laws and ensure the implementation of laws and regulations.
Key words： A city under the rule of law; a city under the rule of law; the basic principle of “running the country according to law”
The construction of a city under the rule of law is the specific practice of the basic principle of “running the country according to law”. The fine construction of a city under the rule of law has played a very important role in fully implementing a scientific outlook on development and vigorously promoting the harmonious spirit to stimulate the harmonious social development and accelerating the process of social development. In addition, the fine construction of a city under the rule of law has helped the optimization of the social environment under the rule of laws.
1.The Connotations and Basic Characteristics of a City under the Rule of Law
The concept of “a city under the rule of law” is put forward surrounding the core concept of “rule of law”. Under this circumstance, only by understanding the connotations and exterior meaning of “rule of law” from the fundamental aspect can the blue picture of a city under the rule of law be drawn, which are shown as the followings:
1)In the first place, rule of law is a kind of macroscopic general plan of administering a country. Rule of law is a legal maxim that suggests that the governmental decisions be made by applying known principles. Rule of law implies that every citizen is subject to the law. Rule of law stands in contrast to the idea that the ruler is above the law, for example by divine right.
2)In the second place, rule of law is a kind of reasonable system arrangement. The "formal" interpretation is more widespread than the "substantive" interpretation. Formalists hold that the law must be prospective, well-known, and have characteristics of generality, equality, and certainty. Other than that, the formal view contains no requirements as to the content of the law. This formal approach allows laws that protect democracy and individual rights, but recognizes the existence of "rule of law" in countries that do not necessarily have such laws protecting democracy or individual rights.
3)In the third place, rule of law is a kind of reasonable working principle. The Rule of Law is especially important as an influence on the economic development in developing and transitional countries. A common language between lawyers of common law and civil law countries as well as between legal communities of developed and developing countries are critically important for research of links between the rule of law and real economy.
4)In the fourth place, rule of law is a kind of democratic law system model. One important aspect of the rule-of-law initiatives is the study and analysis of the rule of law’s impact on economic development. Constitutional economics is the study of the compatibility of economic and financial decisions within existing constitutional law frameworks, and such a framework includes government spending on the judiciary, which, in many transitional and developing countries, is completely controlled by the executive. It is useful to distinguish between the two methods of corruption of the judiciary: corruption by the executive branch, in contrast to corruption by private actors.
5)In the fifth place, rule of law is a kind of civilized law spirit. Rule of law is a principle of governance in which all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires, as well, measures to ensure adherence to the principles of supremacy of law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness and procedural and legal transparency.
6)In the sixth place, rule of law is a kind of ideal social state. Rule of law is an independent, impartial judiciary; the presumption of innocence; the right to a fair and public trial without undue delay; a rational and proportionate approach to punishment; a strong and independent legal profession; strict protection of confidential communications between lawyer and client; equality of all before the law; these are all fundamental principles of the Rule of Law. Accordingly, arbitrary arrests; secret trials; indefinite detention without trial; cruel or degrading treatment or punishment; intimidation or corruption in the electoral process, are all unacceptable. The Rule of Law is the foundation of a civilized society. In addition to this, it establishes a transparent process accessible and equal to all. Rule of law ensures adherence to principles that both liberate and protect.
2.The Construction of a City under the Rule of Law is an Indispensable Requirement of Constructing a Modernized City
Law is a system of rules and guidelines which are enforced through social institutions to govern behaviour, wherever possible. Rule of law is a legal maxim that suggests that governmental decisions be made by applying known principles.
2.1.Constructing a city under the rule of law is the fundamental guarantee of the political urbanization of a city
Democratic centralism is the name given to the principles of internal organization. A country is a region legally identified as a distinct entity in political geography. A country may be an independent sovereign state or one that is occupied by another state, as a non-sovereign or formerly sovereign political division, or a geographic region associated with a previously independent people with distinct political characteristics. The democratic aspect of this organizational method describes the freedom of members of the political party to discuss and debate matters of policy and direction, but once the decision of the party is made by majority vote, all members are expected to uphold that decision.
2.2.Constructing a city under the rule of law is the strong force of the economic urbanization of a city
A city is a relatively large and permanent settlement. Although there is no agreement on how a city is distinguished from a town within general English language meanings, many cities have a particular administrative, legal, or historical status based on local law. A market economy is an economy in which the prices of goods and services are determined in a free price system. This is often contrasted with a state-directed or planned economy. Market economies can range from hypothetically pure laissez-faire variants to an assortment of real-world mixed economies, where the price system is under some state control or at least heavily regulated. In mixed economies, state-directed economic planning is not as extensive as in a planned economy.
2.3.Constructing a city under the rule of law is the solid foundation of the cultural urbanization of a city
The formation and implementation of Administration Approval meets the needs of promoting China’s administrating by law and realizing the validation, standardization and rationalization of the government s performance. The effective implementing of the system of administrative permission plays a fundamental, critical and key role in standardizing, legalizing the administrating power and promoting administrating according to law in all-round way. In the process of building a law-based government, the Chinese government has been strengthening its responsibility for administrative supervision and taking an active approach to solving administrative disputes. In addition to this, more efforts should have been made to supervise abstract administrative acts such as the formulation of regulations, rules and regulatory documents.
2.4.Constructing a city under the rule of law is the premise condition of the social urbanization of a city
Only by full using the legal means can the social contradictions and the conflicts of interests be solved. Only in this way can the social industries be carried out smoothly and the social management be improved gradually. Pressing on with the accountability system of administrative law enforcement and continuously improving the government"s capacity in this regard are inevitable requirements for building a government under the rule of law.
2.5.Constructing a city under the rule of law is the only way to strengthen the ruling ability construction of the Party
In the process of building a law-based government, the Chinese government has been strengthening its responsibility for administrative supervision and taking an active approach to solving administrative disputes. More efforts have been made to supervise abstract administrative acts such as the formulation of regulations, rules and regulatory documents. According to the Constitution and the Property Rights Law, in order to meet the demands of public interest, the state may expropriate collectively owned land, housing properties and other immovable properties owned by entities and individuals according to authorization and procedures prescribed by law. Adequate amount of land compensation fee, relocation subsidy and compensation for attachments on the ground and young crops, etc. shall be paid for expropriation of collectively owned land; social security fees shall be arranged for farmers affected by the land expropriation, so that the livelihood of farmers affected by the land expropriation shall be assured and the legitimate rights and interests of farmers affected by the land expropriation shall be safeguarded. Compensation for relocation shall be made according to law for expropriation of housing properties and other immovable properties of entities and individuals, so that the legitimate rights and interests of the persons affected by the expropriation shall be safeguarded.
3.Several Aspects that should be Grasped in the Construction of a City under the Rule of Law
3.1.A strong and forceful operation system should be built
There are mainly three major aspects: the first one is the leadership system, the second one is the work system and the third one is the evaluation system. They have together formed into the promotion tools of the city under the rules of law.
1)Leadership system is the premise. Pressing on with the accountability system of administrative law enforcement and continuously improving the government"s capacity in this regard are inevitable requirements for building a government under the rule of law. The Chinese government sets great store by the reform of the administrative law enforcement system, requires its administrative organs at all levels to exercise their power within authorization and legal procedures, promotes the accountability system for administrative law enforcement in all aspects, and implements the accountability system in a stringent manner.
2)Work system is the key. Greater efforts have been made to enforce the administrative accountability system in order to establish a government of accountability. Governments at all levels and their departments have gradually adopted the administrative accountability system. According to the principle of whoever has made the decision is responsible for its consequences, where serious losses have resulted from decisions made by going beyond authorized power or violating the established procedures, liabilities of decision-makers should be investigated in a strict way.
3)Evaluation system is the guarantee. Rule of Law GDP is suggested to be introduced. The people"s court shall make the judgment to annul or partially annul the disposition, or to require the defendant to undertake a new specific administrative act, if the specific administrative act has been found to have inadequacy of essential evidence, erroneously applied the law or regulations, violated legal procedure, exceeded authorization or abused power.
3.2.Should keep on improving the laws and regulations
1)Local legislation. Local legislation is a legal term of art used in the United States which refers to acts of a state legislature which apply only to a specific municipality which is identified by name in the legislation. The term "local legislation" may also apply in some states to legislation which names a particular person, as in appointment to a government position or conveyance of real property between an individual and the state, or between an individual and an unincorporated community.
2)Government rules. Tightening the rules for gifts to government employees from lobbyists and their employers might be justifiable if there were a history of problems in such interactions and if the proposed remedies related to such problems. Intellectual property is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized―and the corresponding fields of law.
3)The management system of all kinds of industries. Administrative acts are mainly performed by civil servants. The law and the regulations have prescribed administration of civil servants by classification and a post appointment system, as well as a penalty system for civil servants in administrative organs.
3.3.Should do consciously the fundamental legality work
1)Strengthen the promotion of administration by law and just judicature. We have a low, consistent and simple tax structure, an open and accountable government, and a lean and corruption free civil service. The establishment and improvement of the socialist market economy require separation of government from enterprises, transformation of government functions and changes in its working methods and work style.
2)Further strengthen the publicity and education. There was further progress in publicity campaigns to promote legal knowledge, resulting in greater public awareness of the law.
3)Further strengthen democracy at the grass-roots level in rural areas. The livelihood of farmers affected by the land expropriation shall be assured and the legitimate rights and interests of farmers affected by the land expropriation shall be safeguarded.
4)Further widen and regulate the law service system. The administrative powers of the people"s governments at various levels have been gradually guided along the track of a legal system; the legal system that regulates the acquisition and operation of government power has taken shape; and significant improvement has been achieved in administration based on the law. The development direction of legal service station at the local level and the construction of basic Legal system in the countryside should be kept on strengthening.
5)Strengthen the rule of law team construction. Administration by law and building a government under the rule of law are essential for the overall implementation of the fundamental principle of governing the country by law. Strengthen legal promulgation and education to enhance the legal awareness and idea of the public.
4.References
[1]Studies on the construction of the city under the rules of law，yin guo-wei，zhejiang university press，2010.6
[2]The characteristics, meaning and building countermeasures of the city under the rule of law， wang ke-qun，journal of guangzhou police administrators college，2010.2
[3]The leading cadres’ realm of improvement of their ability to rule，peng ling ，journal of jiangnan school university. 2006.1
[4]Creating cities ruled of law: the key of legal construction ，mei yi-zheng, judicature of china,2006.12
[5]Studies on the construction of the city under the rules of law，ding tong-min，heilongjiang people’s publishing house，2010.6.