On Hayek’s Theory Of The Law Based On Government And Its Enlightenment To The Construction Of A Law-based On Government In China

Construction of government ruled by law is the most important symbol of the civilization of political in the modern country and is the necessary way to achieve the modernization of the system and the ability of organization.President xi point out :’ modern history of the world showed us that the counties which has achieved the modernization all dissolved the problems between the ruled by law and ruled by people.Only we conquer that difficult issue,use the ruled by law to replace the ruled by people,at that time,it will be possibility for our country to enter into the modernization country side.It is so obvious that,the government ruled by law has the crucial influence to the basic strategy to comprehensively promote the ruled by law.At that crucial moment for our country to enter into the time that the government ruled by law,it shall has the enormous meaning to research the Hayek’s law-based government theory.Hayek was a knowledgeable scholar in twentieth century,even he was known by his research about economy,the economic background provided him the unique angle to research the science of law.During the research from his theory,we can find out that freedom was his pursue in his whole life,the spirt of freedom could be found in every field of his research.From Hayek ‘s opinion the purpose of law is to guarantee people to use their ability freely in achieving the life they want which is the reflection of freedom in law.Everyone should have the equal position in front of law no matter the state people has,even the legislator and the executor of law should obey that rule.Only through that way can make sure every person’s life is without other’s unwillingly interference which from Hayek’s sight.is the essence of freedom.According to the opinion of Hayek,openness is an important quality for the society to keep the energy and the sustainable ability to develop.If the government is basedpeople’s ruling,that kind of openness can not be happen.Ruled by law is the necessary way to protect freedom from infringement.The government that Hayek support is lawbased has government,because the way the government rule the society can not only protect freedom but also will promote the development of the freedom.Now the government of our country is on the crucial moment that update the way to govern,in accordance of the research that Hayek did,we can choose unique and useful path to help our government updates its function which means that Hayek’s research has the great positive meaning to the development of law-based government.The pointcut of this article is the forming process of Hayek’s law-based government,this article mainly discuss the content of his theory of law-based government and positive enlightens this theory will bring to our country’s construction of the law-based government.According to the complexity that Hayek’s theory,I decided to comb up the theory of law-based government from the theory ruled by law,thus I can express the law-based government more clearly and logically.According to this thought,this article divided into three chapters :The primary content of the first chapter is how did Hayek’s theory of law-based government form and to illustrate the theory’s logic.The reason I write like this is because his research is relatively complex and if the reader want to understand well about his research it is necessary to clear up the reason why he came up with that idea and how the logic worked.In the second chapter,I mainly talked about the knowledge-based view of his theory of law-based government and the mode of the government which he advocate.The knowledge-based view contained in his theory provide the strongest support to his research which makes his research reasonable and logically.Therefor,it is important to illustrate clearly about the knowledge-based view of his research,only through knowing that part the reader can understand the meaning of his theory of law-based government.In the third chapter,I make a evaluate to his research based on the actually situation.Even the logic is perfect in the theory it still need to examine it when it amply into the practice,and its important for us to analysis it not just agree with it,we can obtain the really gain the benefit through that process and make the theory work for the reality.At the same time,combine the reality of our country with Hayek’s law-based government,I present some workable advise to promote the legal government ‘s development of our country.