The Third Sector And The Rule Of Law

This dissertation focuses on the relationship between the third sector and rule of law. The author intends to prove that the third sector benefits for construction of rule of law during social transformation. Except for the socialism market-oriented economy, the third sector also plays an important role for the rule of law. The state should create a perfect constitutionality environment for the healthy and rapid development of the third sector.The first chapter is about the developing process of civil society theory. Firstly, by analyzing the civil society theory of Hegal, Marx, Habermas, Cohen and Arato , the author sketches out the developing process from dualism to trialism of civil society theory. Secondly, the chapter reviews the research on civil society theory of mainland scholars. Finally, the chapter discusses the relationship between the third sector and civil society theory.The second chapter explains that the third sector is significant for restricting public power. The essence of the rule of law is restraining public power. The rising of the third sector divided traditional power into three parts: political power, economic power and social power. It means that the emergence of the model of "restricting public power by social power", which overcomes the limitation of the model of "restricting public power by public power" to some extent. The author believes that the model will become the most effective model of restricting public power. The chapter compares both models on the basis of describing the developing process of both models. At the end of this chapter, the author ponders over how to perfect the model of restricting public power of china.The third chapter is on the positive meaning of the third sector for promoting a perfect cooperative relationship between state and civil society. Except for restricting public power, the modern idea of rule of law pays more attention to the cooperative relationship between state and civil society. Because of its unique nature, The third sector can do many things which could not be done well by state. Firstly, This chapter reviews the developing process from confrontation to cooperation between state and civil society. Secondly, the author stresses that the modern idea of rule of law issignificant for China. In order to construct successfully rule of law in China, china must avoid the emergence of "soft state". Finally, the author demonstrates by substantial evidence the important role of the third sector in promoting cooperative relationship between state and civil society.The fourth chapter is concerned about the positive sense of the third sector for surmounting the limitation of the rule of law. It is recognized that the rule of law has its limitation. The core concept of rule of law is "right", which can satisfy the necessary needs of lives, but can't promote the development of human nature. The third sector helps to establish a sense of responsibility and trust in society and maintain some kind of community relationship. By this means, the limitation of rule of law can be surmounted and a good society pursuing long-termed and wholly benefit can be established to some extent. Firstly, this chapter analyses some discussions about the limitation of rule of law by scholars, traces back to the theory of community and then studies how the third sector surmount the limitation of rule of law. Secondly, the author compares liberalism and communitarianism, which constitute the philosophical bases of the rule of law and community. The author also tries to prove that communitarianism is similar to Chinese traditional Confucianism. Finally, the author defends his argument by answering some questions will be met.It is discussed in the fifth chapter that how to improve the legislation about social organization in China. Only under the regulation of rule of law can the third sector develop rapidly and healthily. The principle of legislation about social organization should be guiding and accelerating instead of controlling. Firstly, this chapter studies the developing phases,...