The concept of socialist rule of law is summarized in five aspects: governing the country according to law, governing for the people, fairness and justice, serving the overall situation and the leadership of the party. In these five aspects, fairness and justice are manifested as the value pursuit of socialist rule of law.
The socialist concept of rule of law is the guiding principle of socialist practice of rule of law, and it is the latest theoretical achievement of developing Marxist concept of rule of law in contemporary China, and its value orientation is fairness and justice. Fairness and justice should be the soul of socialist rule of law and an important part of Scientific Outlook on Development. The essential requirement of Scientific Outlook on Development is "people-oriented". Its core is the fairness and justice of the basic social system. In fact, it depends on the construction of a harmonious society and the establishment of the judicial concept of fair and just law enforcement by law enforcement agencies and law enforcement personnel.
Fairness and justice are the soul of socialist rule of law.
Socialist society must be a society with fairness as its basic feature and justice as its ultimate value. The goal of governing the country according to law and building a socialist country ruled by law is to achieve fairness and justice in the whole society. The spirit of the rule of law lies not only in a complete system of laws and regulations and a complicated law enforcement mechanism, but also in the fact that the spirit and value of fairness and justice are truly embodied and realized in all aspects of the rule of law.
Fairness and justice are the primary criteria for judging social good and evil. There are many theories about social value, among which interest, freedom, efficiency and order are the most representative ones. Recognizing, affirming and protecting people's legitimate interests is the source of power for social development, but if a society takes "interests" or "utilitarianism" as its ultimate refuge, it will become an immoral society; Freedom is the source of social vitality and creativity, but extreme liberalism will degenerate society into a primitive jungle; "Efficiency" is the necessity of social development, but "efficiency first" should not be an excuse to ignore fairness and trample on justice at any time; "Order" is the foundation of social stability. Without order, there will be no social security, but when order becomes the highest value of society, it may lead society to suffocation. It can be seen that interest, freedom, efficiency and order, as one of social values, are necessary conditions for social development, but they cannot be regarded as the ultimate value standard of society. They will all be judged and tested by the benchmark of fairness and justice, and they have no ability to surpass the value of social fairness and justice. Therefore, the degree of good and evil and civilization of a society ultimately depends on whether it regards fairness and justice as the highest value criterion.
The ideal conditions for building and managing a country are economic prosperity, political progress, cultural prosperity and social harmony, and the realization of these goals depends on the guidance of social fairness and justice values. Judging from the development experience of human history, the mainstream value of society determines the direction of social civilization and development. A good society must be a society based on fairness and justice, while a society with poor fairness and justice will inevitably lead to economic recession and depression, political autocracy and corruption, cultural depression and degeneration, and social chaos and disorder. In a country, interests are diverse, and conflicts and contradictions are also changeable. Therefore, the primary task of a ruler is not to dwell on the details of specific affairs, but to make value judgments and choices, so as to eliminate conflicts, safeguard fairness and support justice. In this sense, I think the essence of governing the country lies in value choice; The standard of a good ruler is that he will not hesitate to choose fairness and justice at any time. Only when fairness and justice become the soul of the socialist rule of law and become the visible, tangible and shared fruits of the whole society can the socialist rule of law truly benefit the broad masses of the people.
A fair and just society is a people-oriented society.
If fairness and justice are not abstract dogmas, they should have specific contents that reflect the requirements of the times. A fair and just society should first be a "people-oriented" society. "People-oriented" should first answer the question of "Who-oriented". A country's rights protection system has three levels: one is the level of "all people", the other is the level of "citizens" and the third is the level of "vulnerable groups". Civil rights mainly refer to political participation, holding public office, employment and social security. The rights of vulnerable groups mainly point to special objects such as women, the elderly, children and the physically disabled. The first level, that is, the level at which the state respects and protects human rights, refers to "everyone" and "all people", that is, "everyone" in the Universal Declaration of Human Rights, and enjoys basic human rights and personal dignity equally regardless of race, color, sex, language, religion, political or other opinions, national or social origin, property, birth or other status differences.
"People-oriented" is followed by the question of "what is people-oriented". This problem involves two aspects. First of all, "people-oriented" must be based on the common needs of the people, which is the fundamental interest of the overwhelming majority of the people and the general demand of the people. Therefore, meeting the common requirements of the people is the basic starting point and foothold of the work of the party and the state. Secondly, "people-oriented" must also be based on people's all-round free development. When everyone's free and all-round development becomes the condition for others' free and all-round development, a fair and just society and a harmonious socialist society will succeed.
"People-oriented" finally answered the question of "how to transform people's needs into legal rights". It is realistic and safe for people's needs to be transformed into legal rights. "People-oriented" is consistent with "Scientific Outlook on Development" and "harmonious society" in value. On the one hand, they solve the problem of purpose, that is, to realize the free and all-round development of human beings; On the other hand, it solves a series of relationship problems, namely, the unity and harmony of political construction, economic construction, cultural construction and social construction. The idea of socialist rule of law is the product of the logic of these ideas. Therefore, understanding fairness and justice as the value pursuit of socialist rule of law must also be based on these ideas. Only by thoroughly understanding the theories of "people-oriented" and "harmonious society" can law enforcement organs and law enforcement personnel at all levels truly grasp the essence of the socialist concept of rule of law.
The core of fairness and justice is the fairness and justice of the system
Fairness and justice is an ideal with a long history of mankind, and its foundation is the fairness and justice of the social system. From an intuitive point of view, social injustice has different manifestations, but in a word, it is nothing more than the following four aspects: First, the unfairness of the starting point. Its typical performance is that at the beginning of life, people are divided into different personality identities according to natural physiological conditions and social origins; Second, the opportunity is unfair. The purpose of distinguishing people's personalities is to give people different opportunities for social development, which is unfair. In the college entrance examination enrollment, candidates from different regions in front of the same test paper enjoy different opportunities to go to school, and even candidates from the same region are different due to differences in household registration, which is a concrete manifestation of unfair opportunities; Third, the rules are unfair. It is unfair to treat one group of people with one rule and another group of people with another. Expressed in the law, it is the inequality before the law and the existence of various privileges above the law; Fourth, the result is unfair. Different pay for equal work, more for less work, more for less work, less for less work, less for less work, less for less work, less for less work, are all unfair results.
It can be said that without fairness and justice, there will be no stable social order and no social harmony. Therefore, building a harmonious socialist society is equivalent to building a fair and just society. Since the reform and opening up, with the deepening of our party's understanding of the cause of socialist construction, the mainstream values advocated by society are also developing. The establishment of the concept of "fairness and justice" is the essence of socialism. We should regard fairness and justice as the mainstream value of society and then rebuild the system.
The realization of fairness and justice depends on the harmony of the system
The essence of the system is to adjust the relationship between various rights and powers in society, and the harmony of the system is the premise and foundation of social fairness and justice. The first element of harmony required by the rule of law is the harmony between public power and civil rights. The formation of a country is the product of the people's will. Therefore, there is only one purpose for the existence of state or public power, and that is to better serve the people based on their interests. However, since the birth of public power, there have been some drawbacks such as violence and excessive expansion. Since modern times, what people have been trying to demand and thinkers have been trying to think about is nothing more than how to tame public power. In a society ruled by law, public power should be restrained and protected from violence. The exercise of public power must be based on the protection of citizens' rights and interests. Citizens' demands for rights should be reflected to the authorities through appropriate procedures, and there should be a benign interaction between power and rights. It can be said that when public power and civil rights live in harmony, a society ruled by law is formed and the basic characteristics of a harmonious society are possessed.
The second element of institutional harmony is the harmony between public powers. The ruling of the Party, the legislative power of the National People's Congress, the administrative power of the State Council, the judicial power of the Supreme People's Court, the procuratorial power of the Supreme People's Procuratorate and the military power of the Central Military Commission should achieve harmony under the leadership of the Party, and cooperate and supervise each other under the premise of harmony. The third element of system harmony is the harmony between civil rights and civil rights. The harmony of civil rights includes at least three aspects. The first is the harmony of the content of rights. The provisions of the law on the content of civil rights should conform to the general trend of human development, and the legal provisions at different levels of effectiveness should be logically unified and strict, and special rights protection should be given to special people. The second is the harmony between rights and obligations. Marx pointed out that without obligation, there is no right, and without right, there is no obligation. This is the general principle that we should grasp when distributing citizens' rights and obligations. The third is the harmony between the right subjects. To build a society ruled by law, we should not only raise the awareness of rules, but also strive to create a social culture of unity, friendship, honesty and civilization. Emphasizing rules does not mean that we should control people everywhere, but that we should abide by rules and respect the rights boundaries of others in our actions. The harmony of the right subject should also include the whole process of equal participation of all citizens in the rule of law.
The harmony of the system should ultimately be the harmony with institutional justice as the core point. In the construction of a country ruled by law, it will be difficult to realize social fairness and justice if the awareness of rules of the whole society is not cultivated, and if all public power organs cannot grasp the essence of public power from the height of realizing social fairness and justice and realize harmonious operation.
The ultimate goal of building a socialist country ruled by law lies in fairness and justice, the practical path lies in safeguarding and developing human rights, and the specific way lies in fair law enforcement. The principle that the state respects and protects human rights has been written into the Constitution, which has established realistic and legal benchmarks for the socialist concept of fairness and justice. The construction of a harmonious society provides ideological and social conditions for the realization of socialist fairness and justice. Socialist fairness and justice is no longer just a slogan or a theoretical term, but has become the value of our society, has been integrated into our legal system and ruling philosophy, and has become the soul and motivation of law enforcement agencies and law enforcement personnel.