An Analysis Of The Social Characteristics And Functions Of Civil Disobedience In The Chinese Context

In the modern civilized society, the law is a citizen to live in the world of the code of conduct, but the rule of law and democracy in the highly developed western society,but there is a "civil disobedience" tradition. In this regard, the western scholars controversy has not stopped. The essence of civil disobedience by intentional violation of specific legal public behavior a legal system to maintain the most fundamental justice does not deviate from the track. Is generally considered to be complementary to citizen participation in politics. The definition of western scholars of civil disobedience, behavior characteristics and legitimacy are discussed and the sort of civil disobedience as a useful complement to democratic politics.In the construction of democracy and the rule of law To further promote the contemporary China, with mass incidents occur frequently, the scholars in the legal construction of group events and solutions at the same time, will also focus on the"civil disobedience". Most of the domestic research is focused on the early translation of western theory, this paper will discuss the focus on "civil disobedience" in contemporary Chinese there, on the discussion should be encouraged and the possible consequences.This paper is divided into five chapters, the first chapter reviews the domestic and foreign scholars do not obey the research done by citizens in general, western scholars of civil disobedience as a useful complement to democratic politics, affirmed its positive role for public policy deviation correction, the overall positive attitude.Compared to support foreign civil disobedience is a practical case for domestic research in the field of civil disobedience mostly remain at the theoretical level, the lack of empirical research. In the second chapter, mainly for the Western tradition of the civil disobedience theory undertook combing, western scholars from the civil rights and obligations of the democratic perspective of civil disobedience the The analysis of the concept and the legitimacy that civil disobedience is out of conscience and the law absolutely refused to respect Rawls as the master of the field into the theory,put forward three specific conditions of civil disobedience is the legitimacy of the premise. The third chapter mainly discusses the specific environment of our country, institutionally our country has not set up a complete system of environmental law system, and at present in our country under the rule of law, rule of law is in the process of advancing, but is not perfect. From the social environment, the consciousness of democracy and the rule of the citizen of our country is still in the cultivation stage, and there is no Western democracy and the rule of law and the traditional environment. Some of China's Such acts of civil disobedience performance,mainly the definition of motivation is not clear, not by law, non violent behavior means and other features. In the fourth chapter, from the positive and negative two aspects of civil disobedience may bring the social function is analyzed. The fifth chapter is the summary of the thesis and to the present situation of our country in terms of civil disobedience in theory may indeed building a social safety valve to bring new release in the economic and social development pressures and contradictions, increasing social tension, reduce the incidence of conflict, but the environmental requirements are relatively harsh, and China has no Western democracy and rule of law in this tradition. Under the circumstances, civil disobedience may only be studied more deeply in the field of theory, and should not be hastily advocated in order to increase the possible path for future social development.