Research On Law Realization In Transformation China

The law realization is not only an important theory problem in Chinese scienceof law studies, but also an importance practical problem of the socialist legalconstruction and social order construction. The thesis' basical viewpoints are knownas follows: The first, the law realization problem of transform Chineseboth haveboth a common character and its own individuality. And, individuality problem is theleading factor. Secondly, legal mechanism of law mechanism structure is the key thatrestricts the law realization. Thirdly, the major structure , the inner major relation ofthe power structure, the relation between authority and right setting up by lawmechanism via that law realization effect radically the law to realize. The fourth, theanalysis to law realization must get rid of the partitioned style and use holisticapproach. Fifth, the law realization is one overall problem, not only being some layerof face , some one link or some one branch aspect. Owing to that above-mentionedcognition , we think, the relation between country and society in law realizationprocess restricts the way and degree of law realization. The law realizationdifficult----nationalistic law realization logos and mode----lies in transform of societyleaded by nation. And by transformation going into deep, the chance and way thatdispelling this difficulty turns out at the same time. Therefore, the crux of the matterlies in knowing the position of nation and civil, the interactive relationship betweenthe country and the citizen in law realization, and making up a benign bidirectionalinteractive logos and mode. This requires that the theoretical difference betweennationalistic law realization logos and civil involvement logos. We also analyzenegative influence of nationalistic law realization logos and mode, the positive influence of public law realization logos and mode. We should achieve atransformation from monodirectional nationalistic law realization logos and modeto-bidirectional public law realization logos and mode. The modetobidirectionalinteractive between civil and nation is demanded by modern law promotion pattern.The theme of the article is carried out in two parts.The thesis' train is to abide by bringing forward a problem, analyzing problemand solving the problem. Besides the epilogue, the thesis' main body is composed ofsix chapters.Firstly, it briefly introduces social context situations which are the basicconstruction conditions of rule of law in contemporary China, that is, the influence ofglobalization, social transition and risk society. It also introduces the general conditionof the theory and practice of rule of law in contemporary China. The key point is topoint out and analyze problems in the practice of rule of law in contemporary China,the root causes for these problems, and their negative influence on the construction ofChina's rule of law. During this process, the theme is closely centered on, that is, therelationship between social influence and individual psychology. Problems existed inthe construction of rule of law in contemporary China are: insufficient participation ofcitizens, disorder of public administration, absence of judicial authority, the subjectabsence of law education, misunderstandings in law education, among which, theinsufficient participation of citizens is the major problem. This article focuses ondifficulties during the process of forming citizenry society, the defects and inadequacyof the representation in the system of People's Congress. The major problem incontemporary China is how to implement the people are masters better. The rootcauses for the above problems are: firstly, they are related to the long-termimplementation of centralization model; secondly, bureaucracy is a persistent ailmentin our national administration; the last reason is about the influence of traditional lawculture. Among all these causes, the key is the view of state standard, which meanstaking national interests and national targets as the most important. I call it as the legalpractices of state standard. Thus, it is concluded that, the vital issue during theprocess of acceptance of law in contemporary China is the absence of recipient, whichis the core problem that influence and even determine the formation of individualpositive law attitude.How to solve the problem? The solution clue in the article involves two aspects,one is the transformation of legal practices and the reform of rule of law practice. The transformation of legal practices means transforming the legal practices ofstate standard to negotiable legal practices. Negotiable legal practices do not mean tooverlook the state, let along against the state, but to provide support on the way ofconcept for the benign interaction relationship among the state, society and theindividual. The core of negotiable legal practices is that the administration of the stateand society should be the process of free and equal game among interest subjects. Thestate mainly plays the role of a host, which is to provide a place for the free and equaldiscussion among benefit subjects and enable people to discuss issues that they allconcern about and relating to their interest through a reasonable procedure, with equalright to voice their opinion and obligation to listen to others'opinion carefully. Eachparty should provide arguments for their opinion and the result of negotiation shouldbe authoritative. The negotiable legal practices are the result that, as theoveremphasized sense of state and the inadequacy of social members'participation inthe current theory and practice of rule of law cause many social risks, it is suggestedto change our viewpoint and understand rule of law in another stand, which is to viewthe construction of rule of law in China from the side of social members. Socialmembers are involved in social administration, and the process of regulationestablishment is the process that interest subjects discuss, compromise and reachagreement. The discussion process is favorable to culture qualified citizens. Thecitizenry education is also an urgent problem in China; one is that no strong sense ofparticipation and the other is too strong sense of private. Through the discussion innegotiable legal practices, it is hoped that the connotation of public awareness couldbe improved.The reform of rule of law practice includes the following aspects: improving theestablishment and training mechanism of NPC deputy and deputy's representativefeature; promoting positively and regulating reasonably the development of citizenrysociety; establishing benign interaction between the state and citizenry society;creating service-type government by improving their ability of enforcing the law andstrengthening citizens'supervision and restriction on the government; achieving thegoal of Justice for the people and improving judicial authority. The reform alsoinvolves focusing on and reinforcing the teaching process in the law education,developing students'activeness and creativeness sufficiently, establishing lawstudents'belief on the rule of law conception. Besides, the law education conception should be changed by putting the emphasis on culturing qualified citizens,strengthening the enlightenment and knowledge dissemination of law government tothe country and farmers, improving law education model in school, improving thequality and level and changing ways and methods of law enforcement and judicialstaff's working ways and methods. The central aim of these practical reform measuresis to train qualified citizens, to achieve the participation of citizens in the national andsocial administration. Only on this basis can citizens have identification with rule oflaw, respect and trust it, can they establish the belief on rule of law conception, canthe improvement be made in China's rule of law practice and the optimization ofacceptance of law be realized.