| The phenomenon of power has existed since man appeared. Power, as a tool of carrying out and protecting the right, is inherent like the right , was born with the birth of a man and is strengthening with his growth. But as a capacity and strength, power is not equal for people because of different levels of ability and strength. When an individual's ability and strength cannot resist the threats and invasion of the nature and others, or cannot meet their own demands on their interests and desires, people will be combined to form the community, so social power and state power are therefor born. Due to dual properties: natural property and social property, one belongs to the society when he was born. Therefore, social power, formed with the formation of the human beings, is a primitive form of power and goes along with the entire process of the development of the human beings. With the increase in the level of socialization, each person's dependence on social power will be increasingly higher. Social power becomes the essential element to carry out and protect people's rights and freedom.After the state power has arisen, the inherent field of the social power has been constantly compressed and invaded, the status and role of social power has begun to be very weak, but as a form of power, social power has never disappeared. With the improvement of people's awareness of rights and democracy, people come to understand the alienation of state power, realizing that the country is a necessary evil, social power plays an important role in restrainting state power, promoting social governance and protecting individual rights. Then a theory appears: society and man should separate from states.The position and role of social power have caused the great concern of all sectors of society.In recent years ,the matter of social power comes into the vison of theorists, which is independent and co-existent with state power With the establishment and the integrity of China's market economy, the progress of democratic constitutionalis, the formation of multi-cultural patterns as well as the trend of globalization, the influence of social power on the state, the society and the individual is increasingly evident. How to comprehend and deal with social power has become an important issue and has been placed in front of the whole community. It is just in this background that this paper is carried out under the thought of social power. The whole paper mainly includes three major sections: introduction, body and conclusion.The introduction mainly explains the meaning of the topic and on the basis of the analysis of the status quo of the domestic and foreign research.It sets out the methods of study in this paper, introducing the basic framework of the paper, and then have an objective conclusion of innovation and weakness of the paper.The body composes of five chapters.Chaperter one testifies the definition of the theory of social power and the division of the type. This chapter begins with the recall of the academic point of view on the theory of social power and puts forward the necessity of redefining the concept of social power, then defines the two basic elements of social power, namely, "society" and "power". On this basis, the concept of social power, as an analytic object of this paper , is advanced. Social power refers to the influence that social organizations and social groups have on the society due to their social resources in social relations. It also refers to the power of civil society. Here the "society" refers to the civil society, the "power" refers to the ability and strength. With regard to the properties, social power has public and private properties. In other words, from the point of view of the external prescription of power, the specific social power has the private nature ,compared with other organizations, groups, or even a country and the world; from the point of view of the internal prescription of power, with the public property, social power is the organic collection of mumbers'power, compared with other mumbers. In order to get a better understanding of social power, the paper makes a theoretical division on the type of social power. By the standard of the main formation, social power is divided into the organized social power and mass-based social power; By the standard of the value orientation, social power is devided into the just social power and injust social power; By the standard of the power resources, social power is devided into the political power, economic power and cultural power.Chapter two demostrates the relations among social power , the state and individuals. In order to have a fully grasp and understanding on the issue of social powew, the purpose of this chapter is to get a future clarification of the the position and role of social power in social development, civil rights protection and so on. Therefore, focusing on the relations between right and power and putting social power into the network of rights relationships, this chapter makes an analysis and argument through theoretical and empirical aspects and believes that all powers were born with benefits, but the benefits are not all legitimate. It is only right that has the legitimacy. The so-called rights, refer to the people's qualifications which are empowered by ethics, law and customs to achieve and protect their legitimate benifits. Power, differing from rights, is just a tool to carry out and protect rights. The power and the right are interdependent and mutually constrained. They are means and purpose, they are both antagonistic and unified. In the process of the carrying out and protecting of the rights, the existence and operation of power is a necessary prerequisite. Among many other forms of power, individual power is the most fundamental and it is the original power. However, facing to the great natural power and externally social power, individual power seems quite weak and cannot satisfy his own needs. So, it is necessary for many individuals to conduct a joint on its own strength , and therefor social power arises. Undoubtly, the emergency of social power effectively makes up for the individual power's lack of protection of rights and provides a possibility for people to obtain greater benefits. However, the social power fails to resolve the conflicts and contradictions between different social interest groups, so, an existence of a representative of the wider community is necessary, this community is the state. With the appearance of the state, state power cannot replace the social power. In order to prevent the wanton expansion and abuse of state power, the social power is more needed. Such understanding is formed through development of the ongoing controversy of early constitutionalism doctrine, the state interventionism and social democratic theory. With the further development of theoretical realization, the position and role of social power increasingly get the widespread recognition and affirmation. Because of the special social conditions, the social power in China has not received its due attention since ancient times, it is either disorder or in the subordinate position of state power, simply can not play a role to constrain state power and protect civil rights .Chapter three is a theoretical analysis of the operation of social power. This chapter mainly analyzes the condition, the principle and the rule of social power operation. With regard to the conditions of social power operation, the paper believes that the development of market economy promotes the separation of political state and society, promotes the birth of several social organizations and social groups and provides the free and equal external environment and sufficient physical power for the social power operation. Therefore, the market economy is the decisive conditions of social power operation, democracy provide the institutional premise and legal guarantee for the creation and operation of social power respectively, therefore, democracy constitutionalism is the protective condition of social power operation. Culture is the link and motivation of population's formation. Multi-culture is an important reason for multi-power. So multi-culture is a necessary condition of social power operation . With regard to the principle of social power operation, the paper believes that the operation of social power must follow the principle of justice, legality and public welfare. The so-called the principle of justice requires that all the existence of social power must be just; the so-called principle of legality requires that the existence and operation of social power should not violate the provisions of the law; the so-called principle of public welfare requres that the existence and operation of social power must be conducive to the realization of public interest. With regard to the rules of social power's operation, the paper believes that the rules of social power's operation are different according to the different objects. This paper argues that among different objects, rules of the social power operation are different as well and their expressions are competitive and cooperative rules of operation. Rules of the operation between social power and state power are independent and self-controlled; rules of the operation among other kinds of social power are competitive and cooperative; rules of the operation between social power and individual power are negotiate and mutual.Chapter four mainly talks about the cultivation of social power: based on the facts of China. This chapter begins from the theoretical separation and demonstration of the function social power and believes that the social power will contribute to the constraints of state power, the promotion of social governance and the protection of individual rights. Secondly, the chapter goes on with a practical considerations of status quo and value of the development of social power in China. With the reform and opening up, China's social power has been properly developed, but the state of development is not satisfied because its social function has not been due to play, while China is in a period of great development and great progress, social conditions and social environment provides both opportunities and challenges for the development of social power. Therefore, it is necessary to vigorously cultivate social power, and guide them to develop on the healthy and orderly way. Finally, the chapter puts forward some constructive comments on how to cultivate social power. They are to insist on the leadership of CPC and carry out the leading function of CPC in the process of nurturing social power; to transform the governmental function and make clear that the main position of government in the process of nurturing social power; to improve legal system to provide reliable constitutional protecting for the nutrition of social power.Chapter five proves the regulation of social power based on the particularity of China's transition. From the theoretical and empirical aspects, the chapter begins with a deep analysis of the property of human and power by means of dialectical method. Because power has both positive and negative sides, human nature has both the good and bad sides, social power is not always just, and the operation of social power is not always healthy and orderly. Thus, social power may bring a negative impact or even generate destructiveness to the state, society and individuals, it is necessary to regulate the system of social power. Among the method of social power's regulation, the legal regulation is the best option. However, here the law is not just referred to national laws, in a broad sense, it is defined all the mandatory rules, including social laws. In terms of the regulation of constitution of state on social power, there are still many problems in our country, the regulation of national law on social power can not be effectively carried out, the function of legislative, executive and justice should be further strengthened; In terms of the regulation of social law on social power, the function of social law's regulation is also available to play a role of less satisfactory in nowaday's China, social law itself still has a lot of factors which are not conductive to the regulation of social power. Therefore, the healthy development of social law itself is essential to protect and promote the healthy and orderly development of social power.The conclusion mainly reviewed and summarized the main points of the paper. On this basis, this paper believes that social power has played a positive role in the state, the society and individual development, although the inherent negativity is existed. A healthy and orderly social power is the prerequisite to achieve the harmonious interactions of state, society, and individuals.
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