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The Culture Of The Rule Of Law Will Be Integrated And Pursuited Under The Divided Society Vision

Posted on:2013-07-03Degree:MasterType:Thesis
Country:ChinaCandidate:F W YangFull Text:PDF
GTID:2246330362473389Subject:Law
Abstract/Summary:PDF Full Text Request
In modern times, a legal state has been the pursuit of tremendous advancedintellectual of several generation in our country. A country governed by law should notmerely rest on the thinking of what is supposed to be but the specific system model inreal form. To reform the law development pattern and blaze a trail in a legal statestamped with Chinese characteristic will have a far-reaching influence on ourcountry’s economic development, people’s livelihood improvement and politicalstability. Since our civilized times, the logic of market has constituted one of the mostimportant driving force to motivate modern epoch advancement of human beings as awhole. As the society guided by market logic keep dividing constantly, such a societycontributes to the polarization in the section of social community, private possessionand internal ownership. The theme of legal culture are mostly embodied in two aspects,one is how to control the government power, another is how to protect citizens’ rights.Its essence lies in the seeking for the integration of social disparity, namely, thegovernment‘s building up its own legitimacy and rationality to be more transparent andself-disciplined. The progress of our epoch has emerged novel social ideology, whichsubmits not only a new requirement of thinking but, a new standard of law culturepattern, directly giving rise to the renovation of management model. The innovation ofthinking pattern will directly result in the creation of management pattern. Theevolution of law culture can mostly manifest the development of our country’s legalsystem. By classifying the multivariant legal culture in our country when encounteredstraits and obstacles, thereby lead the legal culture construction in our country. Applythe theory to analyze practice and then direct practice, reach for the perspectiveprediction of the political restructuring of our country and facilitate our country’slegislation as soon as possible.This paper is broadly divided into five chapters. The first chapter is socialdifferentiation under the guidance of market logic in transition time, whose corecontent is designed to deep mining the theme of "social differentiation",deriving itstwo forms. One of them is the differentiation within the public domain, concerningconflicts and contradictions between public power and private rights. The other isdifferentiation within the private domain, naturally drawing forth the conflict of allsocial parties’ interests and ideology. Discussion on the two makes this article have amore in-depth look at the occurrence of social phenomena, forming the key ignition for this article continually to develop its content, which just makes preparations fordiscussion of the scene below.Carrying on the preamble, the second chapter gives forth to the heritage andcharacteristic of rule of law in Chinese culture, and takes the perspective of thetraditional barriers to build the rule of law culture. That embodies in the basic walks ofthinking is put forward the topics about building up rule of law culture, and look deepinto them to let them have deeper meaning, and let the discussion base on thedeeply-dipped facts not the assume. This paper proceeds with four aspects to give aprofound discuss on traditional barriers in the way of building up rule of law andculture. In them, section I spans ancient times to today, which talks forth rule by manin ancient era to the widely accepted rule of law in the democratization of Westernsociety. Section II is mainly about ancient China’s special systems hindering the spreadof ideas of the rule of law, which are just the patriarchal clan system and the pattern ofdifference sequence. Section III talks about that our society under the traditional feudalsystem gradually forms a voluntarily-based principle, ignoring the native demand oftheir rights for people. Section IV discusses the law in our society has long beenconsidered to be an available tool choice for rulers, resulting in out of order of the ruleof law.In the third chapter of this paper, the realistic dilemma of the culture of the rule bylaw is taken into consideration. What the construction of the rule by law has to face notonly the traditional barriers, but also the the realistic dilemma.until today there thereare still many deep-rooted ideas in concept of rule by law and its people’s legalawareness, even there are many achievement in the construction in the fields ofeconomic. The author described the existed realistic dilemma. The first dilemma isconsidered to be overly critical and abandon of contemporary traditional resources.The second dilemma is the decline of faith led to the lack of awareness of the subject.And through the comparison, we could found the different perspectives, the source andtrends of the two dilemmas.The chapter IV actually provides the standard of a country ruled by law, that is,how kind of society in order to forming a national form of the rule of law. There havebeen diverse trends in rule of law culture, and the trend has evolved more strongly.Pluralistic society divides multi-pattern interests, and the diversity of interests of allparties resulting social structure becomes increasingly complex, therefore, socialintegration is particularly important. It’s significance of proposing the rule of lawstandards in such an environment. To national standards of the rule of law anchored the creative use of reasonable and effective way, which makes the rule of law in ourland of culture to take root.The last chapter summarizes the section above, illustrates the cultural constructionof the rule of law in China, and puts forward concrete reform measures through suchan innovative way to integrate the interests of all parties. Reform is essentially are-adjustment of the interests of, the cultural construction of the rule of law is also afine-tuning of the various interests, but this adjustment concentrated in one area, go farless obvious, easy pace acceptable to all parties. The cultural construction of the rule oflaw for China’s future political reform has laid a solid foundation to become abreakthrough in the reform. This chapter focuses on the culture construction of systemof rule of law, ink devoted more and more, this is the author of ideal picture the reform,and the author also hope that this kind of innovation can bring some useful reference toChinese political reform.
Keywords/Search Tags:Social differentiation, Legalistic culture, Legalistic building
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