| Being composed of five chapters, the dissertation is about 200,000 Chinese characters. The first chapter is focused on discussing the basic development of realist legal movement in Western countries, exploring different manifestation of realist legal thought in Europe and the U. S., distinguishing realist legal movement and legal realism, analyzing social, historical and economic origins of the movement as well as its basic propositions, influence and its implications for the legal system construction in this country. The dissertation puts forward that the basic spirit of the movement is practical and realistic and putting the legal process into the whole social process, which stresses the importance of combining law in books and law in action. The author thinks the consistent development between law and society should be the core line alone with Chinese legal system reform. This chapter also reviews the meanmgfulness of "May 4th" movement in China, and illustrates the common cognitive underpinnings between this movement and realist legal movement in Western countries.Chapter two explores the ways to keep the consistent development between the law and society during the construction of the socialist legal family. Having considered the model of modernization and the tremendous role of legislation in this process in developing countries, the Chapter puts forward that since the legislation is the basic stirring power for the model of institutional reform, the process of legislation and corresponding legal family built upon may not be consistent or even contrary with the basic requirements of the market economy. For this reason, in addition to the legislation, it is also important to initiate and respect the spontaneous mechanism of market during the construction of the socialist legal family and therefore get rid of the origin of conflict between legislation and market. With respect to the trends of dividing the legislation and market and solely law-oriented thinking in current legislative theory and practices, especially the thinking exemplified in the Legislative Law, the Chapter stresses it is necessary to combine the model of institutional reform with the model of spontaneous evolution, and realize the demorcratizaion and scientificness of the model of institutional reform. The Chapter also discusses the division between public law and private law as well as its guiding role for the construction of the socialist legal family.Chapter three discusses the role of administrative power in connection with the legal system reform. Having reviewed the historical development of the Rule of Law and administrative discretion, the Chapter mainly illustrates the necessity of administrative rulemaking and the multiformity to control the power in modern society. The Chapter analyzes such theories or administrative principles as the balance of interests, judicial creativity, priority of private law, legislative supervision, efficiency and their important meaning for contemporary administrative law. The Chapter points out, for the purpose of consistent development between the law and society, it is necessary to define the administrative power reasonably, i.e., sufficiently making use of its role for social development as well as effectively controlling its possible abuse. Having analyzed the controlling model in our country, the Chapter thinks there has been a trend to control the administrative rulemalong power ngidly and categorically, and this trend necessarily will leadto the abruption between the law and society. Finally, the Chapter puts forward several suggestions to get rid of current trends.Chapter four is focused on the relationships between the judicial process and social development, and insists that an independent, open and creative judiciary is the condition to keep the consistent development between the law and the society. Especially in developing countries, since they didn't have a relatively independent stage to build up a judiciary and their judicial systems are not very much ind...
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