Path Of China's Legal Construction Under Rule Of Law

Rule of law as a product of human history and civilization, its inherent freedom, equality, democracy and the values and ideals, the modern nation-building in pursuit of generally accepted by people, especially the experience of Western countries, it is clear to the people: the modernization of the rule of law State insurmountable stage. It is also the rule of law in governing the country's superiority, making all non-Western countries in the transformation of traditional society in modern society have to learn from and emulate.China, as one of the world's ancient civilizations, through ups and downs. Although govern the country out of a unique way, but in today's globalization, contemporary China has had to embark on the road of democracy and the rule of law. After a rule of law in pursuit of nearly a hundred years, we found the road rule of law, not what we imagined as easy as the rule of law is not only an ideal model, but also a reality. We are also concerned about the rule of law in theory, just ignore the rule of law form the basis of the West. Contemporary civil society theory embodied meaning and its political liberation and to show people the freedom, equality grounds the spirit of the people to pursue the rule of law, demonstrating the social basis for the development of Western law. It is also the separation of civil society and state and interaction, and laid the foundation of the modern rule of law run.This paper attempts to historical analysis theory of civil society and the rule of law in the Western mode of comparison, the rule of law in China to select the path of rationality. This article is divided into five parts. The first part is an introduction. Maintopics of the article describes the background of the situation at home and abroad. Rule of law as an important stage in China's modernization and the symbol of a tireless pursuit of the objectives of many people, and how to choose the path leading to the other side of the rule of law will undoubtedly become the basis for achieving this goal. This article discusses the civil society perspective of the theory of the rule of law in China's path of choice. Not only deepen the development of Marxist historical materialism of civil society, but also a reflection of China centuries the rule of law, and under the combination of the reflection characteristics of China's social development made the rule of law society and the national interactive way, no doubt has a certain theoretical and practical Significance.The second part explains the Theory of Historical Development of Civil Society. Respectively, from the traditional theory of civil society, the modern civil society theory and contemporary civil society theory to sort out the three stages of the development of this theory context. Focuses on the Marxist concept of civil society, and in various stages of reflection and the lack of a reasonable theory of civil society, the reconstruction of this paper is the concept of civil society: the development of social productive forces and production relations to a certain extent, the development of commodity economy, accompanied by the emergence of , And relative to national and independent existence, the primary activities of the contract principles of the principle of private autonomy areas. Into the field of private autonomy and the economic and social spheres.The third part discusses the meaning of civil society the rule of law. First of all draw from the perspective of historical analysis: modern society, rule of law is native to the public authority confirmed that the rules, both the source and flow of relationships. Second, the core of the rule of law "checks and balances" to discuss with civil society by the rule of law within the meaning of checks and balances. Of course, both the relationship is not unidirectional, straight line, but in the mutual influence and common development.Part IV and Part V is a key part. Any rule of law can not do without a reasonable way to develop the theoretical basis and Rule of Law in the social environment, put aside any of the two, will be unable to extricate themselves into trouble. This section first discusses the development of Western society and the rule of law and rule of law in the development of China's development road course as the basis for the development of the many characteristics of the rule of law in China, one of the most important features are: China's rule of law is under the government's strong advance Conducted, the lack of the social basis of Rule of Law. Second, the rule of law with Chinese characteristics of the development, particularly in traditional Chinese society, not the nature of the West. Other rule of law through the analysis of the road model advantages and disadvantages of the design obtained the rule of law society and the state road is the interactive reasonable choice of the rule of law in China. But because the author limited capacity, theoretical assumptions inevitably biased, and even naive. But just to be a better ideas, so that everyone on the rule of law in China, more thinking, and take action, study and work in the future, for the rule of law in China to make its own modest contribution.