2. The guarantee of political participation by the rule of law

Political participation can be categorized into institutional and non-institutional participation in terms of whether or not there are laws for it. These two participation forms commonly exist in our country, and though they slightly differ in their reliance on laws, they are regulated or protected by laws. The rule of law means not only regulating and valuing institutional political participation, but also the transformation of non-institutional political participation into the institutional and incorporating political participation under the framework of laws as far as possible.

The first meaning for the guarantee of political participation by the rule of law is that the rule of law guarantees the realization of institutional political participation, which should have its legal basis. There are four criteria for the institutionalization of political participation: one is regularity, that is, whether or not this kind of political participation is acknowledged by institutional documents, and fundamentally, confirmed by laws. Second is specific repetitiveness, which is whether or not political participation can be repetitive based on certain time ranges or conditions. Third is predictability, which means that institutional political participation should be predictable and show itself when the conditions are mature. Four is openness, that is, whether or not this kind of political participation can be open to our society. Among them, the most important is the first criterion: whether or not this kind of political participation is confirmed by laws. Any form of political participation, as long as it is confirmed by laws or other similar regulations, can easily reach the rest of the standards. Therefore, the acknowledgment by law is the most basic sign and foundation for institutional political participation.

The second meaning for the guarantee of political participation by the rule of law is that the rule of law guarantees the realization of non-institutional political participation. The forms of non-institutional political participation include advices, complaint letters and visits, appeals, accusations, rallies, marches and demonstrations. Non-institutional political participation is also an important form of political participation though it does not possess such specific repetitiveness and predictability as the institutional and its laws and regulations are poorly operable, not comprehensive or detailed enough. However, this does not mean non-institutional political participation is illegal, and it does not hinder the guarantee of non-institutional political participation by the rule of law.

3. The punishment for illegal political participation by laws

The rule of law guarantees political participation, and meanwhile, punishes illegal political participation. Law is, on the one hand , a guarantee for political participation behavior, and on the other, a basis on which illegal political participation can be punished. Anyone who violates our state laws for their political participation should be punished only within the legal boundaries. The person cannot be punished if there are no express terms in the law and should be according to the law in which it's clearly stipulated. So how to forbid and punish these illegal political participation behavior is what the law is concerned about. The related laws and regulations are the basis not only for the rulers to take care of relevant matters, but also for the political participants to take legal responsibilities for what they do.

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