The Rule Of Law During The Period Of Transition Characteristics Research

This dissertation is mainly to reveal the basic characteristics of the transition ofrule of law in China. Historical analysis, comparative analysis and empirical analysiswere used in this dissertation. I want to explore the path of achieving the rule of law.Social transformation is a process from a traditional society to a modern society,including political transition, economic restructuring, legal transformation etc..Thereare some characteristics in most western theories of social change. First, the westerntheories emphasize the inevitability of the process of social change. They believethe shift from one social formation to another social formation is considered to beinevitable and irreversible from a long-term view. Second, the western theoriesemphasize on the regularity and universality of social change. Third, the westerntheories emphasize the predictability of social change.With further research, we will inevitably find that the theories of social change inthe western countries are compatible with the development of western society. Theyfocus on the western country, which also makes the western social transformationtheory can not be understood in different national conditions. The change of thewestern countries has its unique way. And we should focus on the development ofChinese society.The transformation of the social structure of China exhibits certaincharacteristics different from the general development process. We face a number ofchallenges, including a high incidence of corruption, the increasing gap between therich and the poor, values diversity, severe environmental situation and mass incidentsetc..The status of our ruling party will face a severe test if lack of effective means toresolve these conflicts. The image of the government will also be damaged.Although there are some general consensus on the principle of the rule of law,there are different understanding in different countries because of nation conditions.Different mode of law are created. The dissertation introduce the relations betweenthe mode of law and social transformation in a few countries，including the UnitedKingdom, Germany, South Korea, Chile etc.. I find that the rule of law is different in different countries. As their historical background, geographical location, political andcultural traditions, the level of economic development, popular religion all have agreat impact on the formation and development of the rule of law.It is necessary to develop the rule of law from Chinese national conditions whenwe learn from foreign law and legal culture. The legal technology out of our ownnational conditions is like water without a source.The course of the past three decades of reform and opening shows that the rule oflaw plays an increasingly important role in promoting China’s participation in theglobalization process. The legal development contribute to safeguard national politicaland economic interests. In the past three decades, we made great achievements inlegal construction and the authority of law was basically established. At the same time,more and more people agreed that we should look for the characteristics of the rule oflaw in China.However, we still face many challenges in the context of social transformation.Legal authority has failed to be effectively established, a large number of problems tobe solved. We need to take some measures to develop the rule of law. Firstly, theCommunist Party of China should act in accordance with the law. Secondly, thereform of the judicial system should be comprehensively promoted. Thirdly, theadministrative law enforcement should be improved. Lastly, the legal awareness ofthe whole society should be enhanced.