Journal of Shanghai University (Social Science Edition) ›› 2015, Vol. 32 ›› Issue (1): 19-31.doi: 10.3969/j

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 Constructing the Rule of Law in China Must Uphold Constitutional Authority

  

  1. School of Law, Shanghai University, Shanghai 200444, China
  • Received:2014-10-25 Online:2015-01-15 Published:2015-01-15

Abstract: Ruling the country by law is first of all ruling the country according to the Constitution. The base of the rule of law is sound laws, its pretext is constitutional governance and its core is the restriction public powers. The CPC’s leadership in the rule of law means that the Party leads the people to formulate the Constitution and laws, and takes the lead to believe in and abide by them. The construction of lawruled country starts from constitutional bases and principles. The ways and measures of realizing the rule of law include perfecting the socialist legal system with Chinese characteristics and with the Constitution at the core so as to establish China’s “Sunshine Law”, fortifying the implementation of the Constitution, enhancing and improving the constitutional supervision over public powers, further weakening the administrative intervention in judicial system and ensuring the independence of the collegial panel. It is essential to enhance the checking system of the National People’s Congress against any constitutional violations, to establish and perfect the investigation and punishing system against constitutional violations and to increase the supervision over organs of public powers. All of this is an important part of the reform of legislation, law enforcement and judicial system, and necessary requirements for achieving ruling the country according to the Constitution, upholding the constitutional authority and adhering to the paramountcy of the Constitution.

Key words:  lawruled country, ruling the country according to the Constitution, constitutional authority

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