The Adjustment To The Relationship Between The Civilian Right And The State Power In The Period Of Social Transition

In the transition of China from traditional society to the modern society, the relationship between the state and society constitutes one of the important issues among the political modernization. The relationship between the power of state and the individual right - the key to the construction of rule by law constitutes the foundation of the relationship between the state and society. There is no attentions about the individual position and freedom in the political life in the traditional society, In the course of modernization, the power of state is extravagantly emphasized in the past socialist practice and the individual right ignored due to the special situation of the modernization as well as the deflective recognition to Marxism.After the opening-up and reform, the civilian rights under the market economic conditions have been greatly respected and developed, gained the unprecedented position in the social lives, and therefore producing the premise and foundation of democracy and rule by law. According to the Marxist State theory, the development trend between power and right is a contradiction: the transition from power to right. Therefore, the construction of democracy and rule by law has to strengthen the institution construction in the limitation of power and protection of right.