Study Of The Rule Of Law Function Of The Non-governmental Organizations

the force leading to the rule of law comes not only from the state, but more from the society, and the force the society holds on promoting the rule of law is far more durable. Civil organizations, the inevitable outcome of social development and an organizer of social forces, holds a positive influence upon the rule of law, so their contribution to the rule of law is indispensable. With the separation of the society and the state, society, as a force compared to the state, has increasingly secured its own status and independent development. The society, however, needs to have its own autonomous mechanism and organizations in order to integrate the public opinion as well as to realize its own harmoniousness and orderly development, which in turn lays a deep social foundation for the development of the democratic politics and the law-ruling practice; otherwise, it can only be a mess. The main contents of the legal search, of the legal system search in particular, are legal subjects and their behaviors. Social forces, with its development and strengthening, will inevitably give birth to a large number of civil organizations, and numerous behaviors which arise between civil organizations and the outside world needs to be regulated by legal norms concerned. Civil organizations, for their mainstay status and activity form, safeguard themselves an important issue in the legal research, which is expected as the main focus of the study, for the study up to now is mainly conducted from this level. This study will pay much more attention to the organizational carriers that civil organizations provides effectively for social development, and the important roles that civil organizations play in integrating the public opinion, in protecting civil rights, in realizing the supervision and restriction of the public power and in facilitating the interaction between the state and the society. A study of civil organizations has its significance not only in the field of microscopic level, but also in the constitutional construction, for civil organizations have been important contents in this field. To study civil organizations can also form important contents in deepening the law-ruling theory and in expanding the civil society theory. Therefore, civil organizations, still in their early developing stage and without a stable social force, need to be concerned academically in advance, because if there is no forward-looking development in theory, there will be no clearly-oriented development in reality. This thesis, cutting in the relationship between civil organizations and the law-ruling construction, is expected to upgrade civil organizations from a specific social role in reality to an important part in constructing an ideal law-ruling outlook in the normative research, which in turn makes civil organizations access to a level of abstraction. This thesis will not only inquire in a rational and logic way into the positive influence that civil organizations have on the rule of law from the perspective of civil organizations and citizen's culture, civil organizations and the restriction of power, civil organizations and human rights and finally civil organizations and citizen's participation. Meanwhile, this thesis will also inquired into the negative influence that civil organizations exert upon the rule of law from the following aspects: the possibility for civil organizations to alienate themselves, the independence civil organizations lack compared with governments, the challenges coming with the internationalization of civil organizations, the special developing mode of civil organizations, the ability that civil organizations integrate themselves and the honesty and credibility foundation that civil organizations are based on. This thesis tries to achieve a research balance through elucidating the relationship between civil organizations and the rule of law from various perspective and two aspects, the positive aspect and the negative aspect in particular.This thesis, based on the various kinds of drawbacks existing in china's law-ruling construction, holds the current unsatisfying states and the difficulties which china's law-ruling construction meets reflecting normally in various behaviors characterized by departure from the law-ruling principle, is in fact rooted in the imperfection of the law-ruling theory. For the insufficient study of the law-ruing theory in the current China, and its inability to meet the requirements of the development of the rule of law, the law-ruling theory nowadays needs to be reflected, perfected and promoted. The primary intention of the thesis is that the law-ruling theory, which guides the legal practice at present, should effectively implement the law-ruling program into the concrete behaviors of the legal subjects, and to transfer to some degree the law-ruling theory from the general discussion to a feasible practical route. China's study of civil organizations, also known as non-government organizations, mainly draws its lessons from its western counterparts, as a result, the theoretical basis of civil organizations, namely the theory of civil society, has formed its unique developing routes and thinking methods. Consequently, a comparison of china's theory in this field with its western counterparts, will not only secure a good direction for China's future efforts to carry out the rule of law, but also provide a unique angle in reflecting the real feasibility of civil organizations in China's context.The main innovation of the thesis can be summed up as follows: with the empirical study based on China's situation, the thesis is expected to discuss the actual situation and problems of China's civil organizations with some cases existed China's civil organizations, to find civil organizations in the Western sense, and to build a civil society in China. In addition to affirming the positive significance of the empirical study, an abstract research is very necessary to be conducted about the legal functions of china's civil organizations in theoretical terms, which is not only to provide a reflection and reference for china to construct its own law-ruling model dominated by the government, but also to achieve an academic balance between the theory and practice. This thesis, trying to get rid of the drawbacks existing in the present research and selecting the legal functions of civil organization as its research perspective, will conduct its study from the following four routes: civil organizations and power restriction, civil organizations and citizen's participation, civil organizations and the protection of human rights and citizen's culture, with an eye to form a relatively complete theory about the relationship between civil organizations and the rule of law. This thesis holds regardless the outcome that the thesis is going to achieve, only judged from the research framework, namely the relationship between civil organizations and the rule of law, there will be an obvious theoretical innovation in this paper. For law itself is not a narrowly-defined discipline, especially in the present time characterized by increasingly fine division of subjects, so no academic research can be only concerned with its own small field, but rather absorbs and learns from each other's research results and research methods, in order to achieves an superior academic realm characterized by the interconnection between different disciplines. The study of the relationship between civil organizations and the rule of law is obviously characterized by multidisciplinary connection, for civil organizations should be arranged into the research realm of law, if judged from their subject status as well as the regulating objects in legal relations, be arranged into the research realm of sociology, if judged from civil organization's status in a society, an important organizational carriers in civil society and an important integrating factor for the whole society, be arranged into the research realm of politics , if judged from civil organizations'important functions in supervising the state. From all the facts mentioned above, it will be more appropriate to define the study of the relationship between civil organizations and the rule of law as an cross-disciplinary research. It naturally follows then that some research methods and results from other disciplines will be absorbed and used for reference in the study of the relationship between the civil organizations and rule of law from the legal perspective. The academic achievements which have achieved up to now, mainly belong to the areas of political science and sociology, and the legal research concerned mainly focus on the level of regulating civil organizations by law. This study, based on the research results that related disciplines have achieved, taking legal research as its main line, will be interspersed with some research methods from other related disciplines such as politics and sociology, with an eye to conduct a far more comprehensive, objective and full research.