| With the progress of human society and development of civilization, rule by law, is becoming what the entire society commonly pursue in the nowadays, is the only way to leads the world people to democratic, freedom, good health, happiness, is the necessity of building the socialism’s harmonious society.From the more than thirty years during the past 1978, as an important reform and openness in the new era, China has highly effectively carried out the great course of managing state affairs according to laws and building a socialist country ruled by law. In the period, legislation content has unceasingly tended to be perfect; legislation quantity is getting big, for accelerating the development of socialist culture and material progress, the development of reform and openness. Through popularizing law by the government, the whole people are getting more and more law consciousness, China has got the great accomplishments in the rule of law construction.In 1999, new China put the content of "to manage the country according to law " into the constitution for the first time in the history. In 2004, "the human rights are respected and guaranteed by our country" is also put into in national constitution, guaranteeing human rights. At present, few countries in the world did like this. To a certain extent this shows that rule by law of our country has already been in the front row of the world.Meanwhile a few disharmonies phenomenon appear in the process of the rule of law construction, which shows that there still exist a few problems, for example, the legal system is not very well set, feudal ideology has been deeply ingrained in the mind of people, citizen law quality should be made further improvement, the consciousness of People First and the belief of law are common absent in some people’s mind and so on. The rule of law construction has being affected in the different degrees by these problems. Specifically on these problems at present, to study the theory and practice of rule of law construction and to ponder out the tactics are very necessary and urgent now.Many problems in the rule of law construction originates from a lot of social factors, which are difficult to make an explanation by the law studies themselves that pay much attention to the logic speculate and standard applicative research. With the target of realizing the rule by law in the society, the paper tries to make the systematic research of rule of law by the way of studying the whole process of law operation. Not only will this give the theory significance to rich the content and make the better system of sociology and law study, but also will give the distinct practical significance and reference value to the practice of the rule of law construction.There are several characteristics in the current relevance studies as followings: the quantity of the rule of law studies in the society has gradually raised, the study subjects become more and more many, macroscopic studying has been given much then the concrete thorough one; the study of law operation appears relatively late, the theoretical study is seldom combined with the empirical study and case study in depth.The thesis research aims at the normative theory research of realizing the rule of law and the law operation depending on that social analyses of this three aspects:the social environment, the main body and object of law operation, from the view of history, tradition, economy, social culture and morality and etc. in the progress of law operation.At the same time the author does empirical analyses by using some real social cases of relevance in course of the rule of law, in order to discuss the main factors influencing the effective realization of rule of law in society. The author also tries to establish the system of the law operation, and hope to be able to tries to provide some significant and constructive advice for relevant government administrations to solve the existing problems.The thesis’research logical system is that:it begins from paying attention to the some typical social cases, and then does the normative theory research, and then the empirical analyses, at last returns to discuss the countermeasure to solve the problems. The main study contents are composed of four parts,7 chapters and sections (including the introduction):Part I is an introduction. Firstly it introduces and expounds the research significance, contents, methods, target, the studying system and so on, and relatively systematically expounds relevant theory and methods, and then sum up the main points of the fundamental situation of the current research.PartⅡ(including from Chapter two to Chapter five). The chapter first expounds and summarizes the fundamental theory concepts that will be used in the following parts.Taking the magnificent blueprint of the social realization of rule of law as an ultimate target and guides, the thesis makes clear the core concept "the system of law operation" from the three key elements "the law nature rule—the social realization of rule of law—law operation" and their interrelation, which set a necessary theoretical base for the following research. The following three chapters relatively deliberate the three aspects:the social base, the object socialization of law operation, the people socialization of law operation.Part III (Chapter 6) is to do empirical analyses by analyzing typical social cases based on the sociology theory study of the system of law operation.Part IV (Chapter 7) puts forward some suggestions to make the system of law operation better, and improve it running smoothly and realize effectively the rule of law in society.The main theories and methods applied in the thesis are those of sociology, science of law, such as the social base analysis theory, socialization theory, humanism theory, social structure theory, social stratification and society change theory, etc.On the methodology, the thesis applies the three main social methods:empirical analyses, entirety and systematization studies, and the analyses method with society observation.The author attempts to do the innovation research in the three respect:Firstly, the thesis selected a new angle to research the rule of law, which is comparatively original. By the way of studying the system of law operation, the thesis has done the entirety research of the effective realization of rule of law in society.Secondly, the author puts forward innovatively the sociology research frame of the system of law operation, which may have some theory significance to the study of law operation and rule of law. In the view of sociology the system of rule of law is composed of three aspects:the social base, the object socialization of law operation, the people socialization of law operation. Among them, the core of the object socialization of law operation is People First; the maximal realm of the people socialization of law operation lies in the belief of law, which is accepted commonly in society.The process of law operation is the one of the mutual game and fitting between the people socialization of law operation and the object socialization of law operation basing on the certain society.The thesis has put forward some suggestions to improve the law running smoothly:(1)to optimize the social environment, (2) to improve the object socialization level of law operation in the principle of People First, (3) to improve the people socialization level of law operation taking the belief of law as the way and goal.of People First, takes law belief culture as approach and target. The process of the three parts influences each other and fits each other is the process of the development of rule of law construction in society. When the three parts mutually coordinate and boost each other, the wonderful law order and social public order will be established very well.The nature of the research content is an interdisciplinary and comprehensive, including a lot of aspects such as social structure, society culture, humanism and moral value studies, practice problems, and relating to law legislation, judiciary, enforcing the law and abiding law, involving in several disciplines and fields, for instance, Science of Law, Sociology, Sociology of Law and ethics, philosophy, history etc. To be honest, to choose the subject is somewhat challenge for me, but I will try my best to do it well, for this is very significant. |
