Philosophical Vision Of Contemporary Rationality Of The Rule Of Law And Its Implementation

This paper , under the guide of historical materialism , focuses on three related problems :the new understanding of essence of law; from 'law' to 'rule of law'; China's rule of law and reality. I think that basic point of view of Marxism is that law is originated from the economic basis, which is based on the level of productivity. This point exposes reasonability of law from regularity of law. The reasonability of law in fact contains accordance with reasonability, which is content of purpose of man. Marx himself regard practicing spirit way as essence of law, and this point was neglected by theoretical circle, which is helpful to us to understand the reasonability of law.That Rule of law formed in western society is not incidental. From the beginning of western culture, ——ancient Greece and Rome had nature law tradition of advocating rule of law and reasonability. The second part of this paper discuses the history of rule of law from the point uniform of history and logic. As contrast, The paper discuses the ancient China's thoughts of law. The difference between ancient China and the West manifest difference of cultures, and the root lies in the difference of economic life style. Development of market economy makes the social subjects from status to contract. And which at last lead to rule of law. Now China has established the aim of rule of law. This is the result of understanding the importance of rule of law. Otherwise, it is the demand of socialist market economy. Furthermore, economic globalization and the entrance of WTO make it international demands. Considering China's realistic situation, the road of realizing rule of law is a road leading by the government, which is different from the western.