Study on the function of communist youth league organizations in the comprehensively promotion of the rule of law
Хэ Б. Study on the function of communist youth league organizations in the comprehensively promotion of the rule of law // Молодой ученый. 2016. №15. С. 365-370. URL https://moluch.ru/archive/119/32937/ (дата обращения: 25.02.2018).
Promoting the Rule of Law covers the target logic and realistic needs in comprehensiveness, dynamic, unity. The nature of quasi-political party, quasi-government and mass of Communist Youth League organizations and their functional advantages determine that the above mentioned objectives can be effectively fit the needs of logic and reality in advancing the Rule of Law. Communist Youth League organizations play ah highly important role in leading the overall ideological, political participation of youth, promoting scientific legislation, promoting the implementation of law, strengthening the basis of the law, and building social support. Communist Youth League organizations should continue to enhance their own attributes and functional advantages, accurately fit into the target logic and practical needs of the Rule of Law, to maximize the contribution to national strategy by organizations development.
Keywords: Rule of Law, the Communist Youth League organizations, nature of quasi-political Party, nature of quasi-government, nature of mass
First, the statement of the problem.
The party's eighteen Fourth Plenary Session adopted the «Decision of the CPC Central Committee on Major Issues Pertaining to Comprehensively Promotion the Rule of Law» (hereinafter referred to as the «ecision»), which clearly and comprehensively demonstrates in promoting the Rule of Law, Rule of Law system of socialism with Chinese characteristics and building as socialist country ruled by law, achieving scientific legislation, strictly enforcement of law and fair administration of justice, universal law, promoting national governance systems and governance modernization goals. In February of 2015, the Central Committee of the Communist Party of China issued «n Strengthening and Improving the Party's Mass Organizations Work», which states that the mass serviced by Trade Unions, Communist Youth League, Women's Federations and other mass organizations are the basis for the completion of ac comprehensive well-off society, the adherence and development of Chinese socialism Moreover, the mass are the basis of comprehensive deepening reform, comprehensive promotion of the Rule of Law, consolidation of the party's ruling status and maintaining the basic stability of the state. Communist Youth League organizations, which are the party's assistance, reserved force and the leadership of the party advanced youth mass organizations, and how should Communist Youth League organizations identify the focus to effective promotion of Rule of Law, in, is currently an important theoretical and practical proposition.
Second, the practical needs and the target logic of comprehensively promoting the Rule of Law The 15th National Congress of the CPC formally proposed that the Rule of Law are the basic strategy of the Party to lead the people. Looking at the previous National Assembly on behalf of the Party Central Committee and an umber of spiritual content, the Rule of Law and the Rule of Law theory has been continuously enriched and deepen, especially the party's eighth in the Fourth plenary session «ecision» clearly put forward the Rule of Law and comprehensively promoted the guiding ideology, overall objectives, basic principles and the Rule of Law with respect to as series of new ideas and new initiatives, clearly put forward adhere to the socialist road with Chinese characteristics Rule of Law, the construction of major thesis of China's socialist legal system characteristics, clearly the nature of building as socialist country ruled by law, the direction of the road, the starting point. The Rule of Law theories, directions, moving in on target logic highlights the three characteristics, namely: comprehensive, dynamic, unity, and each corresponds to the characteristics of advancing the process of actual demand.
(A) Comprehensiveness «ecision» clearly put forward the comprehensively promotion of Rule of Law includes «ive systems» and «ix tasks», «ive system» includes: ac complete system of legal norms, the Rule of Law and efficient implementation of the system, strict supervision system of the Rule of Law, as strong Rule of Law security system, improve the legal system for the party, which together constitute the entire contents of China's socialist legal system characteristics, the Rule of Law is always the starting point of practical work. To achieve these objectives system, we must unswervingly accomplish «ix tasks»: improving the Constitution as the core of China's socialist legal system, strengthening the implementation of the Constitution; further promotion of the administration according to law, acceleration the construction of government ruled by law; ensuring the fair administration of justice, improvement of the credibility of the judiciary; raise the awareness of universal Rule of Law, promotion the social Rule of Law; strengthening the Rule of Law team construction; strengthen and improve the Party's leadership and comprehensively promote the Rule of Law. The above-described system and the mission objectives covering the legislative, administrative, judicial, law-abiding and the various aspects of personnel, leading core legal theory, values and construction, fully embodies the comprehensive objective logic. Therefore, to achieve the comprehensive content of these areas, there must be as strong political force overall situation and coordinating all parties, overall progress, any single one or a few national institutions can not be completed. Based on the political organization of the sector to the characteristics of the composition of this political force is none other than the non-political organization, which is the core of the Communist Party of China, aw ide range of organizational strength of political parties and political organizations, groups to participate.
(B) Dynamic. Ancient Greek Aristotle in his «politics», a book on the «Nomocracy» made exquisite classic summary, the «Nomocracy» should contain two aspects: the law has been established universal obedience; and the law which everyone obey must be the good laws, which can be deduced as follows: the full development of good laws, the full implementation of good laws, universal adherence to good law. The development, implementation and compliance, are all embodied in ad dynamic target logic. Promotion the Rule of Law and justice to the contents of the above object logic high degree of fit. From the Fourth Plenary Session «ecision» chapter in the content, in addition to introductions, the first part and conclusion, and the rest (ie, «ix tasks») focuses on all outstanding dynamic target logical Rule of Law, particularly for the premise of the Rule of Law issues the dynamic nature of the statements, emphasizing the law is the rule of the weighing equipment, good law is a prerequisite for good governance, the reform legislation to adhere to the waste release simultaneously, enhance the timeliness of laws and regulations, systematic, targeted, effective, perfect centered on the Constitution socialist legal system with Chinese characteristics. This means that although as socialist legal system with Chinese characteristics has basically taken shape, but from the «complete system of legal norms», this goal there is distance. Meanwhile, the «ecision» clearly shows the standard «good law», that abide by the people-oriented legislation for the people of philosophy, the socialist core values, so that each piece of legislation in line with the spirit of the Constitution, reflecting the will of the people, give people support. Therefore, the dynamic process of good law and good governance is inseparable from the integration and coordination of interest, expression realized an need for an «engine power» through political, social Ways channels, so that the people will continue to rise for the good law, and effectively promote the implementation of good law.
(C) Integrity. Promotion the Rule of Law is to be considered in the design of national governance systems and governance modernization background. Therefore, under the influence of modern philosophy and public governance model, «ecision» to comprehensively promote the Rule of Law proposed the Rule of Law, law-based government, the Rule of Law one of the building's path pattern. The integration of the model, the most innovative and most reflect the requirements of modern democracy and «good governance» concept is the Law Society. The Rule of Law is the fundamental tasks and goals, the Rule of Law the government and the Rule of Law is the Rule of Law to achieve two basic projects. Experience shows that public governance, relying on traditional authority body unipolar government forces can not achieve effective control of complex modern society, often fall into the «ne will die, and disorder» vicious cycle, but also led the government to promote market economic development, at the time of the transfer of functions often «confused» law government has reached an impasse. In this sense, the Rule of Law society law government also provides the basis of power and space. Integrated Construction is to build coordination and interaction between the state, the government, the three social, mutual promotion and sustainable development of the Rule of Law model. The model needs to build a broad social mobilization to achieve the parties involved; the authority needed to support advocacy to enhance the mutual understanding between the Government and social communication; the need for effective social participation in public governance mechanisms in order to achieve social and civic organizations to exercise rights and responsibilities assigned scientific.
In summary, the Rule of Law to achieve a comprehensive, dynamic and integrated propulsion, need to have the following characteristics of organizational strength: First, beyond the sectorial interests, the overall situation has the ability to party organization, and the ruling party's political views and highly fit; Second, it is to have within ar realistic way to legitimize the political system architecture platform integration of interests, and promote the realization of the demands of expression; the third is between and to promote coordination between the government and social benign country, the government and society, interactive development, optimal control mode.
Third, the properties and functions of the Communist Youth League organization.
Through tissue properties and function analysis, we believe that the Communist Youth League organizations to promote the Rule of Law with the above real need strength characteristics. According to «the Communist Party of China Constitution», «Chinese Communist Youth League Statutes» and relevant documents, combined with the history of the Communist Youth League organizations and academia Tong said, the basic properties of the Youth League can be summarized in three aspects: quasi-political and quasi-governmental, mass.
(A) Registration of political parties and its functional advantages.
The nature of quasi-political parties belongs to political category. Communist Youth League organizations stems from the quasi-political party caucus relations, the Communist Youth League organization is centralized political manifestations. About caucus relationship caucus charter has the consistency of expression, in particular, «he Communist Party of China Constitution» Chapter devoted to the presentation. «exclusive» and the party organization to attend the meeting «distinction» of this difference in «special section» of the provisions of the Communist Youth League organizations have highlighted the differences between political particularities other mass organizations. Therefore, from the perspective of quasi-political party, the Communist Youth League can be seen as the work of the Ministry of Youth Communist Organization. In practice, the Communist Youth League of the CPPCC as one of the eight groups, with the other parties have the same power politics played an integration and expression of the interests of the party function. Meanwhile, the Communist Party organizations to achieve by way of setting up prevention of juvenile delinquency Special Working Group on the Communist Youth League power conduction, so that the Communist Youth League as a quasi-political organization, co-ordination in the field of crime prevention of juvenile delinquency in the push position.
From the ruling party makes a quasi-Communist Youth League organizations have the following functional advantages: First, the high degree of consensus politics and the Communist Party organization, can unswervingly implement the party's positions; the second is through participation in caucuses, political institutionalized consultative meetings and other ways to promote youth affairs related claims will rise to the ruling party and the will of the state; the third is by the ruling powers of conduction, get the overall situation in the field of youth, co-ordination status and capacity of the parties, effective integration within the system all kinds of political resources.
(B) Nature of Quasi-government and its functional advantages.
Nature of Quasi-government developed from the concept of quasi-governmental organizations t. Quasi-governmental organization of the Communist Youth League organizations means that they are not the government, but the government characterized in terms of the management system, operation mechanism and power source, etc. For example, referring to the civil service law management organizational structure, working mainly funded from public financial allocations, legal or authorized by the Government entrusted the government youth affairs social management and public service functions and practice as a consultant and coordinating body plays a central role in co-ordination and so on.
Quasi-governmental organization with the Communist Youth League makes the following functions advantages: First, bureaucratic administrative management system with national authorities to make homogeneous physical, social organizations have goals related to transaction management, direction and implementation of communication incomparable equality, smooth advantage; the second is that the statutory functions of the society in which conferred on youth affairs management with a basis for the legitimacy and authority of resource integration platform; the third is the backbone of the operation mechanism makes it possible to youth groups based departure comprehensive coordination of all forces of party and government resources to overcome the division of administrative powers scattered one-sidedness and limitations.
(C) Nature of Mass and its functional advantages.
Nature of Mass of the Communist Youth League organizations is due to its tissue localization, social functions and organizational structure in both modes built on. The caucus unanimously charter Communist Youth League organizations located in the «Chinese Communist Party's advanced youth mass organizations». Social functions Mission Congress report will be positioned as the Communist Youth League of Young and guide youth, youth services, safeguard the legitimate rights and interests of adolescents. The report of The 16th National Congress of the CPC from Central Committee of the Communist Youth League (of China) made the localization and social functions of the Communist Youth League, which were from the masses where the angle of the field, building its main organizational structure, horizontal cover rural areas, cities, schools, businesses, institutions, society, united front and other infrastructure front areas, and to keep the non-public economy organizations, social organizations and all kinds of new groups, such as youth network operators, mobile and other young artists to contact coverage; longitudinally established Party organizations at various levels and the corresponding basic, relying on its political and organizational advantages cohesion in practice, leading the green Union, the Federation of Young Pioneers and other organizations to carry out the work.
Mass properties enable the Communist Youth League organization has the following functional advantages: First, they can quickly and effectively form an effective network of social relations contact to adolescents from the unit, community and network ta nd, easily to grasp the characteristics of groups of young people to understand the law, and the interests and needs wide range of services to adolescents around. Second, is autonomous, flexible and open organization operating mode enable it to respond promptly to rapidly changing social situation and demand management. Third, based on the mass-based service functions, they can be supportive iner legitimation government behavior and creativeness of and social behavior.
Fourth, the function of the Communist Youth League organizations in promotion the Rule of Law.
Exploration of the Communist Youth League organizations to comprehensively promote the Rule of Law in effect, the basic idea is to realize the Communist Youth League organizations own properties, advantages and features comprehensively promote the Rule of Law target logical, effective fit between the needs of reality, including six aspects.
(A)Leading in ideology: Comprehensive Political Socialization of Juveniles «political socialization is essentially dominated by the ruling class, the communication process mainstream political culture, the fundamental purpose is to achieve and maintain the interests of the ruling class». Comprehensively promotion of the Rule of Law is an important strategic plan of the ruling party, ideology is the precursor of action practice. Communist Youth League organizations must play highly consistent with the ruling ideology advocated advantage thought to lead teenagers to do, especially in the current society is one of many ideas, values lined period, the Communist Youth League to lead all young people to establish a variety of ways to practice the socialist core way values, the Rule of Law and Manpower teenagers do publicity and education work. In practice, the Communist Youth League organization and the education sector, judicial and administrative departments in the Franco-Prussian teen missionary field, there are still co-ordinate cross-power project overlap, waste of resources and other issues. Party and government is necessary to teenagers popularizing missionary co-ordination integrated into the Communist Youth League organizations, give full play to its go sectorial quasi-political organizational advantages to co-ordinate the Rule of Law missionary work in the ideological lead and youth political socialization process, so that groups of young people grow into beliefs adhere to the Rule of Law and modern citizens of socialist core values.
(B) Political Participation: Integrating expressed the youth demands of interest «political participation of ordinary citizens through a variety of legitimate ways to participate in political life, and affect the composition of the political system, the behavior of operating mode, operating rules and policy process. It is an important way of political relations in political rights to be realized». Comprehensively promotion of Law the Rule is an important part of the country's political life, the Communist Youth League organizations should give full play to its quasi-governmental organizations and mass advantages, integration of young people by promoting ways of political participation in the process of the Rule of Law expressed interest demands youth groups through the «communist Youth League and the NPC deputies and CPPCC members face to face "«, party committees to attend the meeting «And other activities to achieve the legislative, administrative, judicial, and law and regulations within the party to participate in the full coverage and improve the development of democracy and the Rule of Law, science, good law to achieve good governance.
(C) The promotion of scientific Legislation: improve and perfect the system of legal norms of teens.
The Teenagers’ system of legal norms is an important component of the socialist legal system, and the normative basis of comprehensively promotion the Rule of Law is. The system is based on the «human» element as the center of the construction, related to adolescent growth and development in all aspects, more integrated. At present, China mainly juvenile justice system, «protection of Minors Act» and «prevention of Juvenile Delinquency», two special laws mainly other relevant norms are scattered among other laws and regulations. Improve and perfect the system of legal norms, the Communist Youth League organizations need to stand in the perspective of teenagers involved in developing the legislative plan, carry out research and demonstration to promote the drafting of the bill and modify. One of the two above-mentioned laws and other laws and regulations scattered revise and improve the rich have lower operational law, strengthen the foundation for the implementation of juvenile justice; the second is to expand the field of legislation relating to the special protection of adolescent growth and development, such as the prevention of violence in schools JUVENILE network damage and special protection of minors, privacy, reputation, etc.; Third, the Communist Youth League to undertake government functions mature mechanisms into legal norms, will be entrusted to the government's legal mandate to form a fixed, rich service management Communist Youth League organizations teenagers support of the legality of the transaction.
(D) To promote the implement of law: Maintaining the legal rights of adolescents
As the old saying goes: «ot only to its own law». On the one hand the need to enforce the law enforcer, on the other hand need to have relevant operational mechanism to fill the law, «knowing that loophole». Promoting the Rule of Law requires the dynamics of these two aspects must be met, and in the juvenile justice system, «knowing loophole» more, and the need for effective mobilization of all forces to system implementation. Thus, the Communist Youth League organizations need to give full play to its advantages of quasi-governmental organizations and mass, building operation mechanism of juvenile law implementation. First, seeking the support of people's congresses with related units to carry out the effective implementation of special inspections, and promote the implementation of the law on juvenile law. The second is to build support mechanisms run law, and earnestly safeguard the legitimate rights and interests of teenagers. The new «ode of Criminal Procedure» set a special chapter for the implementation of juvenile criminal cases, which is to build relevant specific implementation of the system on appropriate adults, social surveys, legal assistance, etc., protecting the special rights and interests in the field of juvenile justice.
(E) Reinforce the basic law: the prevention of juvenile delinquency.
Young people are the future of our country; the Rule of Law is evolving construction of reserved forces. Prevention of juvenile delinquency is an important measure to consolidate the future of the Rule of Law based on the law. As early as 1979, the work on the CPC Central Committee attaches great importance to and get «p to the party political and strategic issues of concern». Communist Youth League organizations should through its mass and quasi-governmental advantage, to have bad behavior of students in ordinary schools, special (work-study) school students; by the public security authorities of serious misconduct of minors suspected of criminal cases the process of handling minor people, juvenile offenders and other prisoners to carry out key service management. Relying on the advantages of mass organizations of these groups are classified Mo Pai, research to fully understand the different characteristics of each type of population, demand for services and management model; while relying on the advantages of quasi-governmental organizations, with the prevention of juvenile delinquency and underage special group Both platforms protection Committee, led by administrative, judicial and other relevant units to develop category management services program, jointly improve the prevention of juvenile delinquency.
(F) To build community support: social mobilization advocating the Rule of Law.
Promoting the Rule of Law is one of the characteristics required to achieve positive coordination of government and society, interactive development, mass properties CYL organizations can provide a powerful organization and mobilization and actively promote, build effective social support system to achieve this requirement. First, to enhance the credibility of law enforcement aspects, through the Communist Youth League organizations build an effective communication platform, guide the masses to enhance the environmental aspects of law enforcement, law enforcement, law enforcement style, effectiveness of law enforcement and other understanding and trust, enhance the credibility of government enforcement. Second, in terms of the integration of the comprehensive management mode, the Communist Youth League organizations can promote the effective participation of social forces. As directed through the mobilization, hatching, nurturing, and coordination A large number of social organizations, enterprises and institutions involved in Litigation minors Social Survey, appropriate adult present, conditional non-prosecution supervision and inspection, legal aid, give full play to social expertise effective role in preventing and reducing crime in violation of teenagers. Third, relying on its own organizational mobilization, integration of adolescent social work Specialization in civil society investigations involving minors, social mediation, social supervision and care for the field of judicial powers and helping to run full advantage of the role, to build a comprehensive law Ruling in the field of youth social support.
In summary, complex organizational attributes and advantages of the Communist Youth League organizations of quasi-political party, quasi-government and mass, fit into the comprehensiveness, dynamic and unity needs in comprehensively promotions the Rule of Law. To promote comprehensively Rule of Law needs Communist Youth League organizations to give full play to its quasi-political party, quasi-government, and mass properties and functional advantages, therefore, they could co-ordination thought and lead and consolidate the foundations of the role of law. The dynamic in promotion the Rule of Law requires Communist Youth League organizations e play its nature of quasi-government party, mass and functional advantages in youth political participation, promotion of scientific legislationg and the implementation of law. The unity in Promotion of Rule of Law needs the Communist Youth League organizations to fully play its mass and quasi-governmental natures and functional advantages to build a strong social support system as hub morphology. To comprehensively promote the Rule of Law, Communist Youth League organizations in the future need to fully play their role to continue to enhance their properties and functional advantages, accurately fit into the target logic and practical needs of the Rule of Law, so that Communist Youth League organizations could maximize the contribution to the national strategy by organizational development.
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