Generate The Local Path Of The Civil Society

The realization of the rule of law has to take civil society as its foundation. From the development history of the western's rule of law, you can see that the whole value standards and the theories principle of the rule of law all grow in civil society. In China, if you want to push forward progress of the rule of law actively, you have to strengthen the construction of civil society actively to become the social foundation of the rule of law.From the developing history of the western civil society, civil society is mostly through following three kinds of theories modes: The first, with Aristotle and Cicero for representative, the meaning of the civil society is political; The second, with G. W. F. Hegel and Marx for representative , the meaning of the civil society is economic; The third, with Gramscy and Robert D.Putnam for representative , the meaning of the civil society is cultural. The concept of the civil society in this thesis mainly relates to the second above.Actually, " civil society" just means the western special framework "nation- society", it is the outcome that the political nation and society separate mutually. civil society and actual systems are used to resist the national power and guard against a political absolute monarchy and safeguard people's freedom.Under the tendency of the global democratization, China has to put in force the rule of law. The core of the modernization of ruling by law is to restrict national power, and the theory of the civil society has been introduced into China. However, at the west, the civil society mainly is the result of the natural evolution; At China, it is a new-born thing completely. Therefore, the civil society would have different meanings in the modernization of ruling by law in China. The most noisy topic between the scholars is how to build Chinese civil society.Any system should be operated in the certain societal environment. And the societal environment also should comprise native traditional culture. The construction of the Chinese civil society shouldn't escape from the traditional culture either. It ought to adapt to the social system, the history culture and the whole exterior environment. And those experiences which belong to all the mankind should be used for reference. Therefore, the ideal mode of Chinese civil society should be Confucian and blended with external beneficial experience. J. Habermas' theory of "Public Sphere" and P.Bourdieu's theory of "Social Capital" will provide brand-new way to construct our civil society.It is very difficult for China to construct the civil society, because of being devoid of historical foundation. We can acquire some more universal experience from the history of western civil society and from our native traditional cultural resources. The experience usually provides the basic cognition, concretely including: The first, nation perhaps the government should become a protagonist of the civil society's construction; The second, cultivate and enhance equal, independence, and right consciousness by developing market economy; The third, grow public sphere actively; The fourth, work hard to promote the formation of the social capital; The fifth, the judicatory should be independent and adiaphorous.At last, the civil society is a historic category, when we absorb the experience of the western civil society, we not only should pay attention to the history of civil society, but also to the future of civil society.