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Path of China’s Legal Construction under Rule of Law

Author: LiQinBao
Tutor: QiJianHui
School: Northwest Normal University
Course: Legal Theory
Keywords: Civil Society The rule of law Mode selection
CLC: D920.0
Type: Master's thesis
Year: 2011
Downloads: 196
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Abstract

The rule of law as a product of human history and civilization, it contains the values ??of freedom, equality, democracy, the pursuit of the people of the modern nation-building generally accepted. Practical experience of Western countries, it is made clear: the rule of law is moving towards the stage of modern country impassable. It is also the superiority of the rule of law in governing the country, so that each of the non-Western countries in a traditional society to a modern social transformation have to learn from and emulate. China, as one of the ancient civilizations in the world, after the ups and downs. Out a unique path to govern the country, but in today's globalized contemporary China had embarked on the road of democracy and the rule of law. Experienced nearly a hundred years the rule of law to pursue, we found that the rule of law in the construction of the road, so easy is not our imagination. Because the rule of law is not only an ideal mode, it is a reality. While we are concerned about the Western rule of law theory ignores the social basis of Western rule of law. Embodied in the theory of civil society and political liberation and show people the freedom, equality grounds spirit to the pursuit of the people of the rule of law, show the the Western social basis of the development of the rule of law. It is also the civil society and state separation and interactive, laid the foundation of modern law running. This paper attempts to pattern comparison of the historical analysis of the theory of civil society in the Western rule of law, to choose the reasonable path of the rule of law. This paper is divided into five parts. The first part is an introduction. The article described the research background and research status at home and abroad. The rule of law as an important stage of China's modernization and the flag, the tireless pursuit of the goal of countless people, but how the other side of the path selection leading to the rule of law will undoubtedly become the basis for achieving this goal. In this paper, the perspective of civil society theory discusses the path selection rule of law. Not only to deepen and expand the public social study of the historical materialism of Marxism, but also a reflection of the rule of law in China centuries, and combined with the characteristics of China's social development reflect the social and national interactive Law Road, undoubtedly has a certain theoretical and practical significance. The second part illustrates the rheology of the history of the theory of civil society. Respectively, from the three phases of the traditional theory of civil society, the modern theory of civil society and the contemporary public social theory to sort out the context of the development of this theory. Marxism focuses on the civil society concept, the concept of civil society and to reflect on the various stages of civil society theory and shortcoming, this reconstructed: the development of the social productive forces and relations of production to a certain degree, along with the development of the commodity economy of , relative to the national and exist independently of the primary activities of the principles of the Compact principles the private autonomous areas. And private autonomy field is divided into the economic and social spheres. The third part discusses the connotation of the civil society of the rule of law. First drawn from the point of view of the historical analysis: the modern rule of law is authoritative confirmation native rules of the civil society, both the source and flow of the relationship. Second, from the core of the rule of law \Of course, the relationship between the two is not unidirectional, the straight line, but in a mutual influence common development. Part IV and Part V is a core part of this article. Any rule of law, the development of road research are inseparable from reasonable theoretical basis for Rule of Law and the social environment, aside both trouble will be unable to extricate themselves. This section first discusses the development of Western society and the rule of law and the development of the rule of law in China, the development of the road course, as the basis for the development of the rule of law in China and many other features, the most important features: the rule of law in China is in the government's strong advance carried out, the social basis of the lack of rule of law generated. Second, combined with the characteristics of the development of the rule of law in China, especially in traditional Chinese society, different from the characteristics of the West. And obtained through the analysis of the strengths and weaknesses of the other rule of law in road mode design interactive rule of law society and the state road is the rule of law in China is a reasonable choice. But because of the limited capacity of the author, the theoretical assumptions inevitably biased, and even some naive. But just to be able to play a valuable role, so that we more thinking of the rule of law in China, and hands-on learning and work, for the rule of law in China to make its own modest contribution.

Path of China’s Legal Construction under Rule of Law

Abstract

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