The connection and difference between legal system and rule of law

20 14, 10120, the fourth plenary session of the 18th Central Committee of the Communist Party of China (CPC) was held. For the first time, we will study and deploy the major issues of comprehensively promoting the rule of law in the form of a plenary session, and we must truly establish a country ruled by law. Since mid-September, the National Audit Office has launched the "Audit Rule of Law Publicity Month" to publicize the Constitution, the Audit Law and its implementing regulations, the national auditing standards and other relevant auditing laws and regulations, and further strengthen the construction of audit rule of law. "Rule of law" and "rule of law" are two words with certain internal relations but different connotations.

First, the difference between the rule of law and the rule of law:

1, in terms of concept and connotation.

The rule of law is the abbreviation of legal rules, which refers to a legal belief, and its connotation is a theory, principle and method of governing the country. The rule of law is relative to the "rule of man", is the perfection and reform of the legal system, is a kind of social consciousness, and belongs to the conceptual level in legal culture. Legal system is the abbreviation of legal system, also known as the rule of law. Its connotation refers to laws and related systems, which belong to the category of systems. The legal system is a formal, relatively stable and institutionalized social norm and a practical thing.

2. In terms of production and development.

The emergence of legal system does not mean the birth of the rule of law;

The emergence and development of the rule of law is not directly related to all countries, but only exists in democratic countries; However, the emergence and development of the legal system is directly related to all countries, and any country has a legal system.

3. From the basic requirements.

The basic requirement of the rule of law is to act in strict accordance with the law, and the law has supreme authority and compulsion in various social adjustment measures, not the willfulness of those in power; The basic requirement of the legal system is the legalization and institutionalization of all work, so that there are laws to follow, laws to be observed, law enforcement to be strict, and violators to be prosecuted.

4. From the main signs of implementation.

The main sign of implementing the rule of law is that any organ, organization and individual in a country, including the top leaders of the country, strictly abide by the law and act according to the law; The main sign of the implementation of the legal system is that a country has relatively complete laws and systems in legislation, law enforcement, justice, law-abiding and legal supervision.

5. In the core sense.

The core significance of the rule of law is to emphasize the consciousness, initiative and variability of social governance subjects; The core significance of the legal system is to emphasize the universality, stability and authority of social governance rules (mainly legal rules).

Second, the relationship between the rule of law and the rule of law:

1, the rule of law is the foothold and destination of the legal system, and the future of the legal system must be the ultimate realization of the rule of law;

2. The rule of law is the foundation and premise of the rule of law. To implement the rule of law, we must have a complete legal system, and the implementation of the rule of law must be based on the rule of law;

3. The rule of law and the rule of law are both important contents in legal culture and products of the development of human civilization to a certain stage.