Social Stratification And Legal Order

Based on the legal order and social stratification, this dissertation defines the connotations that two conceptions should have, and makes a relevant analysis between them. First, from the perspective of stratification basis, this paper elaborates on the distribution of three kinds of resources of economy, culture and society, determines the conditions of social stratification, and further determines the relationships of legal powers between each class and forms the basis of legal order. At the same time, legal order has a relatively independent function in consolidating this condition of resource distribution. Secondly, this dissertation analyses the different influences of closed stratification structure and the open one, the pyramid-shaped stratification structure and the olive-shaped one to the growth of legal order, from the perspective of stratification structure. It puts forward that the open and olive-shaped stratification should be the constructive basis of modern legal order, and the reconstruction of modern legal order should aim at the cultivation of this stratification structure. Thirdly, starting from the stratification consciousness, It probes into the different choices of legal order reform under various stratification notions, and the double effect of self-status recognition to the realization of legal order. It also puts forward that pluralistic stratification notions and self-status recognition should be the value basis of the reform of modern legal order, and the reform of modern legal order should take this stratification consciousness as it ideological guidance. On the basis of the above general theoretical analysis, it analyses the class character of the upper, middle and lower social classes and the effect of their legal orders. Finally, it puts forward that the change of social stratification of contemporary China leads to the pluralization of interests, the close of cities and countryside, the widening difference between the poor and rich, the pluralization of stratification and the crisis of recognition, and these bring huge challenges to modern legal order. How to promote the realization of legal order in changes is inevitably a subject worth further study.