An Outline Of Harmonious Rule Of Law

The rule of law is the world's most prominent legitimated political ideals. It is not only a major theoretic issue, but also a major topic of this Era to determine the answers to the following questions:whether the rule of law that originated from the West is just unique phenomenon in Western society or a common phenomenon in the whole human society, what impact that the Theory and development of rule of law in the Western society has for China, how to adopt the rule of law in a country without rule of law traditions, what's special of China's rule of law development as a local knowledge, what are the driving forces for China's rule of law development and what kind of difficulties will China's rule of law development would face, which path that China would approach in terms of the rule of law development, how to integrate the strategic vision to construct a harmonious socialist society of the ruling Party and the Constitutional Scheme rule by law, construct the socialist under the rule of law, as well as to further explore the ideal path of the rule of law in China? China law scholars creatively raised the new proposition of Harmonious rule of law, which is the theoretical response, and the practical concerns of the theme of this Era, which as well marks the breaking through of the ideal vision of China's Socialism rule of law development with Chinese characteristics.Reviewing back the process of China's rule of law development, all stages originated from certain Social economic life conditions. China is currently experiencing a tremendous change and great transformation from traditional society to modern society. In the context of speeding social transformation, and the theme of the times is constructing harmonious society, Chinese Jurisprudence needs to promoting the formation of the rule of law development with Chinese characteristics by scanning China's specific national conditions and local resources, inherit and develop the outstanding achievement of Western rule of law culture, in order to promote the rule of law thought development in Chinese context and further achieve the independent development of Chinese Jurisprudence in the international structure. The Chinese characteristics of rule of law, lies on that the rule of law protects not only the general sense of order, freedom, justice, efficiency, not also harmony. Harmonious rule of law, is adapting to the demand of current China's rule of law construction, fully reflects the strategic thinking to build a harmonious socialist society and the spirit of the times of socialism with Chinese characteristics, represents the historical tendency of China's rule of law strategy and national objectives of rule of law. For the above reasons, harmonious rule of law has been viewed as an important field of legal research, some study with insight have already clarified certain theoretical issues, and made many pioneering achievements, enhanced the in-depth study of Harmonious rule of law. However, Harmonious rule of law study started recently, and attracted insufficient attention. Therefore, the purpose of this dissertation is a holistic inquiry of the harmonious rule of law, in order to raise further concerns on this issue.To achieve the purpose of the holistic study, this dissertation started from the analysis of harmonious value of law, discourse that the demonstration and realization of harmonious value of law will inevitably lead to the reconstruction of value system of law, that in turn will lead the reshaping of legal system, the reshaping would influence or determine the value orientation, basic principles, institutional arrangements of socialism rule of law with Chinese characteristics. Harmonious rule of law needs to introduce the harmonious spirit of law into legal system, integrate the harmonious value of law into the entire process and every single field of the rule by law development, guide the rule of law practice and lead the rule of law development. The essential of harmonious rule of law is to establish a free, orderly, energetic and harmonious society and realize the good governance by good law. This dissertation focuses on the comprehensive discussion of the connotation, characteristics, inner logic, theory image, practical direction of "Harmonious rule of law" by analyzing the core concept, knowledge trends, academic heritage, and local resources of "Harmonious rule of law", and learning from the current research findings, tries to open the general issues of this field, and therefore to form the theoretical framework of "Harmonious rule of law" research.. In the mean time, proposes that "Harmonious rule of law" is not only the new attempt of promoting the development of the rule of law in Chinese context, but also the theoretical paradigm of China Law to participate in or even lead the legal dialogue in the World, and the latest achievements of the independent development of China's Jurisprudence by exploring the both approaches from western traditions and China's Attempts. When Western tradition rule of law declines and the development of China's rule of law faces difficulties, the proposal and further research on Harmonious rule of law is the attempt of constructing China law theoretical system with Chinese characteristic and international impact, which will not only be the ideal vision of the socialism rule of law with Chinese characteristics, but also the starting point of the new philosophy of law and legal system.This dissertation made some new discourse on this issue from a holistic perspective, mainly are:clearly stated that Harmonious rule of law is the ideal vision of Socialist rule of law development with Chinese characteristics, and for the first time, discussed the basic attributes of the harmonious value of law, which are comprehensiveness, transcend dency, social standard nature, discussed the relationship of the harmonious value of law and the basic value of law such as justice, freedom, order and efficiency, raised the topic of the harmonious value of law and the reconstruction of law value, discussed connotation, characteristics, inner logic, theory image, practical direction of "Harmonious rule of law" based on this new scope of Harmonious rule of law, opened the general issues of this field, and analyzed the generation conditions of Harmonious rule of law.The raise of the Harmonious rule of law scope has great ground-breaking significance. The further and in-depth research on Harmonious rule of law would definitely lead to the theory changes of law nature, law value, law functions and law effect, the convert ion to rule of law discourse system, and the reconstruction of legal concept, and finally enhance our rule of law concept and practice. In the background of constructing a Harmonious society, "Harmonious rule of law" is the ideal option as subjective discourse responding the contemporary issues, reflects China's Rule of Law administrative strategy and historical direction of the national goal of rule by law.