The State And Social Interaction Between The System Of Choice - The Road Of Socialist Rule Of Law To Explore

To understand China's choice of socialist legal system is to probe into a more basic question: how is a system shaped? The development of a legal system as a typical paradigm observes the rules that inform in a way the general system in its formation. On the contrary, our knowledge of the formation of a system will exert a great impact on the construction of a socialist legal system that is China's own. The truth is that the interaction between state and society leads directly to the formation of a system and has a decisive control over its pattern. A thorough understanding of the underlying rules of a system will, therefore, be definitely conducive to the construction of a legal system with a full awareness of the actual situation.Logically, the survival and development of a society prerequisite a system; historically, the interaction between state and society gives rise to a system and promotes its specialization.In the course of human civilization, the relationship between state and society remains changing. As a complex structure, society comprises of social and economic life, class strata and public consciousness, which take varied forms in each phase of history and act upon each other either to sway the course of a nation independently or collectively. However, state can assume the forms of power, capability and authority. Disparate combinations in western and eastern civilizations have brought about such varied patterns of relationship as integration of state and society, submerge of society into state, primary separation of state and society as well as binary opposition of state and society with the resultant that two absolutely different ruling systems, by morality and by law, have ever come into existence.Generally speaking, the formation of a system is the natural outcome of social development. But a system has to come into royal own to establish itself as the governing form of a nation. This explains the dominant function state plays in the choice of a system. Although state claims an ever-increasing power in the choice or construction of a system as a result of social progress, itsoperation is ever confined within the limit of social production capacity. In essence, the choice of a system hangs on the interaction between state and society.At present, China is undergoing a dramatic structural change in legal system under the strict surveillance of state, which is a common practice at the early stage of development. The final success of the renovation hinges on the foster of social force and the sound interaction between state and society through the containment of state power by society, as is indicated by the successful example of western legal system which is an outcome of the improvement of the quality of citizens and the progress of other social factors in synchrony with the development of state.Since 1978, China has made an encouraging achievement in her innovative efforts towards creating a national structure of a small government and a big society with the goal of developing market economy in sight. Such progress has found full expression in the increase of social autonomy, to be specific, the expansion of social power as an imperative, the rapid increase of the number of organizations as a medium, the improvement of public consciousness as a must, together with the reshape of the legal power of state. It reveals a perfection of the system of supervision from central government to grass-root, and an increase of participation in decision making of the public as well as the officials.