The Basic Meaning of Thinking Mode of Rule of Law
First, the law is supreme.
Refers to the supremacy of the Constitution and laws. As the saying goes, there is no Fiona Fang without rules. Obviously, this rule is the rule, which regulates the behavior of the state and the behavior of citizens. Rule governance and democratic governance complement each other. The rule of law itself is formulated through democratic procedures, which reflects people's expectations, conforms to people's interests, and embodies the same beliefs and ideals, so the rule of law should be respected and followed. Whether it is a state act or a citizen act, it should be carried out under the framework of the rule of law. Laws are not expensive, laws are not powerful, and laws are balancers. State organs, people's organizations, enterprises and institutions, mass organizations, intermediaries and individual citizens must abide by the law and act according to law when making decisions and solving problems. If they break the law, they will be punished by the law.
Second, scientific legislation.
It means that legislation should proceed from reality and scientifically and reasonably stipulate the rights and obligations of citizens, legal persons and other organizations, as well as the rights and responsibilities of state organs. In other words, under the premise of conforming to the laws of nature, the legislature rationally distributes the interests of social relations that must be adjusted by law and forms legal norms. Through scientific legislation, strict law enforcement, fair justice and law-abiding by the whole people, we will build a socialist harmonious society with democracy and the rule of law, fairness and justice, honesty and friendship, vitality, stability and order, and harmony between man and nature. Scientific legislation embodies the rule of good law. Only the rule of good law can have strong vitality and effectiveness.
Third, strictly enforce the law.
Including legal rights, equal rights and responsibilities, supervision of the right to use, and investigation of violations. More specifically, we have no right not to enforce the law, the standards should be the same, we should not relax, we should not go out of shape, we should be strict, we should be fair and just, we should take facts as the basis, we should take the law as the criterion, we should not enforce the law with likes and dislikes, we should not enforce the law with relationships, we should not enforce the law with human feelings, we should abide by the law, we must enforce the law strictly, and those who violate the law will be prosecuted. If the law is enforced at will, it will be disorderly, which is equivalent to the rule of man.
Fourth, fairness and justice, or judicial justice.
"The law alone is not enough." If the law is not put into practice, it is useless to write it on paper. Fair justice refers to the modern principles of the rule of law, such as promoting the rule of law, punishing evil and promoting good, correcting evil, openness, fairness, justice, presumption of innocence, a legally prescribed punishment for a crime, fair judgment, prohibition of extorting confessions by torture, and is also an important symbol of fair justice. Of course, a just judiciary is supported by an independent judiciary. Judicial injustice is always the source of judicial corruption.
Verb (abbreviation of verb) guarantees human rights.
People-oriented, protecting human rights, in fact, is to protect citizens' personal human rights, standardize public rights, and effectively prevent * * * infringement. The essential feature of human rights is the unity of freedom and equality. This human right can be divided into individual human rights and collective human rights. The former refers to citizens' freedom and equal rights in life, person, politics, economy, society, culture, communication and religion. The latter refers to racial equality, national equality, self-determination, development and environmental rights. The rule of law must take the protection of human rights as an important content in order to become an important symbol of a country ruled by law and an illegal country.
Sixth, the whole people abide by the law.
Obeying the law is the responsibility and well-being of the whole people. Law-abiding by the whole people is a respect for the people's dominant position and a guarantee for realizing civil rights. Law-abiding is the obligation and powerful guarantee of * *. * * * is the use of rights, but * * * must be carried out in accordance with the law. Illegal * * * is not protected by law. It is an inevitable requirement for the people to be masters of the country and be in power according to law, and it is of great significance to build a harmonious society and realize the long-term stability of the country.
7. Everyone is equal before the law.
It includes equal political rights, equal economic rights, equal education rights, equal labor rest rights, equal rights of men and women, and equal investigation of illegal responsibilities. No one is above the law. Of course, because the law does not allow it, state organs are not feasible; It is also equal for individuals to have the right to do it if it is not prohibited by law. The objective requirement of scientific development of the rule of law is an important symbol of political civilization, and equality before the law is the minimum connotation of the rule of law.
Basic characteristics of rule of law thinking
Thinking under the rule of law is a way of thinking that uses the requirements of the rule of law to understand, analyze and deal with problems, and it is a logical and rational way of thinking based on legal norms.
It has four basic characteristics: 1, and the law is supreme; 2. Power restriction; 3. Protection of human rights; 4. Due process.
1, the law is supreme
In a country ruled by law, the law is supreme and everyone must abide by the law. Drugs that violate the law are subject to corresponding legal sanctions. In a country ruled by virtue, the law is lower than morality, and drugs that violate morality are severely punished.
2. Power restriction
The principle of power restriction refers to the principle that all parts of state power supervise and restrict each other to protect citizens' rights. All men are born equal, and there is no distinction between high and low. Rights are given by the people and exercised by a few people. Because the right is mandatory and the quality and ability of the exerciser are limited, it is necessary to limit the right to ensure that the exercise of the right is the embodiment of the people's will.
3. Protection of human rights
China's basic view on human rights is that the right to subsistence and development are the primary human rights. Since the beginning of 2 1 century, the security system and concept of * * * have been developing continuously. "Human rights" has been written into the Constitution, the five-year plan for national economic and social development and * * *.
4. Legal proceedings
Due process of law is usually translated as "due process of law" or "due process of law". As an important concept of rule of law and constitutional principle, it originated from "natural justice" in Britain and spread to all parts of the world in the United States. Paying attention to procedural justice has increasingly become the constant value orientation of modern countries ruled by law. In our country, due to the influence of the concept of "emphasizing entity over procedure" and the lack of legal cultural foundation of natural law, the procedural consciousness is relatively backward and the concept of due process is underdeveloped.
Ways to realize the rule of law thinking
Leading cadres at all levels should cultivate and apply the rule of law thinking in practical work. First of all, we must adhere to administration according to law. Whether it is decision-making, implementation, solving contradictions, promoting development and deepening reform, it is necessary to constantly review the legality of the purpose, permission, content, means and procedures of administrative actions, and consciously achieve "laws to follow, laws to be observed, law enforcement to be strict, and violators to be prosecuted". It is necessary to vigorously promote the formulation of the power list, put power into the cage of the system, and ensure that power runs in the sun. Secondly, we should consciously abide by the law, resolutely protect the law, safeguard the seriousness of the law and system, and safeguard the legitimate rights of others and organizations. No one can exercise power above the law, substitute words for laws and selectively enforce the law. Especially when it comes to our own interests, we should be self-disciplined, introspective, disciplined, not privileged or subtext. We should vigorously promote the openness of government affairs, consciously accept social and public supervision, protect ourselves in an open and transparent way, and safeguard legal dignity. Thirdly, we should vigorously support deepening the reform of the judicial system and safeguard social fairness and justice. Judicial corruption is the most harmful corruption and the last straw to crush the credibility of * * *. We must resolutely resist and crack down on judicial corruption, speed up the reform of the judicial system, improve the credibility of the judiciary, make the law truly the last line of defense to safeguard social fairness and justice, and let the whole society fully trust and rely on the law. Finally, we should take the lead in learning the law, effectively popularize the law, vigorously carry forward the spirit of socialist rule of law, guide the whole society to consciously safeguard its rights and interests according to law, and consciously fulfill its legal obligations with practical actions.