Legal Social Adaptability Analysis

During the period of social transformation in contemporary China.Along with the deepening of reform and opening,social relations become more and more complicated. But the legal norms is relatively backward. Resulting in that the legal and social issues do not suit. the incompatible problem of the law and the social reality is begin to appeared. The rapid social transition in China, the economic, political and cultural caused a huge impact. The frequent repair of criminal law is a typical embodiment of the interaction with the Law and society during the period of transformation. Certain period law must correctly reflect the period of the social relations,and contact to the social reality. Social change put forward new demands of the criminal law. Whether the criminal law with the social reality as the foundation and adapt to the social development? Which evaluation standard is the legal adaptability during the period of transformation? These will be addressed in this paper.Through the research of the development of social politics, economy and national law, the article try to explore why the law was amended. The criminal law is the most strict law, and Amendment Ⅷ to the Criminal Law of the People’s Republic of China has just been administered. So it’s closer to the social reality that we research the legal adaptability close to the social hot spots and combined with the modification of the criminal law. The article takes the criminal law for example, and shows how the law is based on society and adapt to the development of that. The formulation of the law is depended on the need of the society, and the alteration of that is also the result of the development of social politics and economy. We try to explain the alteration of the law is the comprehensive response to the need of the society by the contradiction between the stability, hysteresis and abstract of the law and changes, advance and specification of the society. The alteration of the law reflects the contradiction and coordination of the law and the social reality, and the relation between the legitimacy and the predictability of the law during the process that the law adapts to the society. And the frequency and the long term of the alteration of the current criminal law provide the adequate space for research. The law must be altered adapt to the social development and changes the power of which lies in the internal contradictions of society. So the social changes is the source of the legal changes and development. In this paper, starting from the law revision how to embody the law of social adaptability.The first part mainly analyzes the reason of law revision is the legal social adaptive expectation, mainly discusses the relationship between law and society. The law must adapt to society, in response to social demands. The second part to Xu Ting case as incision, derivative the contradiction between the criminal law in the application and the social demand. Specific from the political, economic, social, cultural and other aspects discusses the social requirements on Criminal Law, show the conflict in the criminal law and social development. The third part mainly based on the first two parts of cause and effect inspection, implementation of the theoretical thinking. Main description the criminal law is how to adapt to the social development and changes. From the unreasonable law amendment, vacancy laws for dangerous driving, especially from the aspects of the revised criminal law crime to social change, has manifested the legal social adaptability. The fourth part provides an overview of the law revision is the social needs a comprehensive response to, and under the influence of globalization,the law is how to adapt to the social development, and put forward the development direction of criminal law. In this paper, through historical analysis and case study, analysis of law revision and social development interaction, and then discusses the legal problem of adaptability about a country in the process of building a country under the rule of law. The article tries to talk with the fact, logical reasoning.