Research On Public Sphere-Habermas’s Theory Of Public Sphere And The Revelation Value To The Construction Of Chinese Legal System

The public sphere is a realm of communication and discurse between state and civilsociety, it provide a legitimacy foundation for the formation and development of civilsociety in early modern era. With the state permeating and controling the civilsociety,civil society structure took place to transform,the public sphere headed for breakup gradually, and the legitimacy foundation of capitalism social suffered an agespredicament.To solve the the ages predicament of public sphere.Juergen Habermas putforward communication rationality and discourse ethics,and try to reconstructbourgeoisie public sphere on this foundation. Communication rationality emphasizeintersubjectivity between language users, discourse ethics emphasize non-mandatory andformalization of association procedure and rule; Discourse is further communicationbehavior after associate, is re-argumentation of communication effectiveness. Theprocess of communication and discourse is a process of comprehension、 consultationand forgive between individuals.therefore, moral consensus must be reached bycommunication and discourse. this new kind of the consensus provided new foundationfor legitimacy of public sphere. Public sphere theory could deduce a constitutionalgovernment principle, it causes the formation of limited public power,this restrict statepower for modern social transformation in China and constitutional government,andprotect citizen’s right effectively.