Exploration Of Social Transformation In China During The Legislative Changes

China now is in the period of social transformation when great changes take place in our country. Not only the social structure but also the legislation has experienced the changes. This thesis analyses the legislative changes and its causes by the theory of interaction between social structure and agent.The first part generally introduces the theory of interaction between social structure and agent, pointing out the relation between them is not determinative and being determinative but interactive. Giddens' theory of duality of structure agrees with the theory. The duality means the social structure is the media of agency and the result of it.The second part studies the relation between the legislation and social economic structure, analyzing the interaction between them theoretically then demonstrating the comparison between the frequency of the modifications of the constitution law and department laws, and the change of legislative stress, discussing the change of legislation with the establishment of Chinese market-orientated economic system and the development of private ownership economy.The third part believes the agent is a leading role in the interaction; therefore it is of importance to analyze the agent from social psychology to understand the theory. The thesis studies the values of the legislator from economic, political and cultural angles, pointing out the values of the legislator is combination of the traditional and modern values; by which the legislator's agency has been influenced. On one hand, the legislator put more and more emphasis on the law and the quantity of law is on rise, besides, the People's Congress regulated itself by rules of procedure and legislative plan. On another hand, they adopt the values they object and violate the Constitution occasionally.The fourth part takes the criminal law Amendment 3 for an example to analyze how the legislation is influenced by both social structure and the values of the legislator and how the legislator and the social structure interact in setting.The fifth part enlightenments: 1. The legislator should drop the thought of excessive stability of law and emphasize its adaptability to modify it in time to keep pace with the social development. 2. The legislative thought has a social structure background. 3. We should put great emphasis on the agency of the agent and strengthen the National People's Congress power of legislation.