The Experience And Contemporary Enlightenment Of Modernization Of The Rule Of Law In Britain

Britain is the birthplace of common law and one of the two legal systems in today's world, English law is the main representative of the common law system. Britain is the first complete country of the industrial revolution in the world's history, completed the great change of a pre-modern agrarian society to a modern industrial society. English law began to along with the basic completion of the industrial revolution from 1830s, began a series of changes, stride into the rule of law in the process of modernization. Modern British rule of law development process is the reaction to this big change, is the field of industrialism to infiltrate the inevitable result of the rule of law, is English law from the traditional (pre-modern) to the modern process of change. The model of modernization of the rule of law in Britain is the empirical model of modernization of the rule of law, the road is a progressive improvement of the endogenous development path the rule of law. The end of 1978, China held the Third Plenum of the Communist Party, China began reform and opening up the historical process, in the legal field, made "improve the socialist democracy and strengthen the socialist legal system" decision, the beginning of the country's ills to the rule of law from the rule of man, to the dramatic change in the rule of law, Chinese legal system have begun to rapid development from a new period of reconstruction. By 2011, socialist legal system with Chinese characteristics and the formation of schedule, China's economic construction, political construction, cultural, social, and ecological aspects of the construction has laws to go. Britain, as a complete history of the world's first industrial revolution in the country, to modernize the rule of law as a research object, will help us on the path of the rule of law has developed a macro grasp. This use of historical analysis, empirical analysis and comparative analysis of such a comprehensive approach, the rule of law through the process of modernization of the British study, combined with modern theoretical research, summarizes the characteristics of the British rule of law, modernization, experience, proposed the reference point of modernization of China's legal system.This topic is divided into four parts:The first part analyzes the motivation of modernization of the rule of law in Britain. Analyzes the industrial revolution, political parties, legal thought and theory on modernization of the British role in promoting the rule of law, and modernization of the British rule of law why the completion of the industrial revolution as a starting point.The second part describes the process of modernization of the rule of law in Britain. Completion of the British Industrial Revolution, to achieve a traditional agricultural society to a modern industrial society changes, the field of ongoing changes in the rule of law. The rule of law into the British started the process of modernization, development, new development of three stages in the initial stage of mainly 19th-century law reform, modern form of judicial and litigation system, the introduction of such a large number of statutes; is prominent in the development stage The establishment of the legal system of social security; in the new stage of development mainly after Britain joined the EC legal developments, improve the legal system of social security, Thatcher's Law policy, Blair's "third way."The third part focuses on the experience of modernization of the rule of law in Britain. They are, rule of law in modern empirical model; gradual improvement of the rule of law in the endogenous development; Congress to strengthen legislation, commission legislation greatly increased; economic and social legislation and legislation to strengthen science and technology; the legal system has improved constantly; and the tendency of continental integration.The fourth part reveals the contemporary enlightenment of the experience of modernization of the rule of law in Britain. First, introduced the situation of contemporary Chinese legal system modernization, rehabilitation and development into the legal system, rule of law and development of start-up of two parts. Second, the British legal system reveals the modern experience in America. They are, the legal system with the national conditions; to develop the socialist market economy; focus on reform and improvement of the legislative system; strengthen the social security legal system.