Research On The Rule Of Law In Russian Federation

Since the First Item of the Constitution of Russian Federation declares that the Russia is the republican, democratic and federal the rule of law in 1993 and the Russia has tried his best to achieve this goal through various channels. In fact, in the period of social transformation from the end of the 19th century to the early part of the 20th century.The Russian scholars and thinkers made a study of the principle of the state ruled by the law and pointed out: (1) the state should be restricted by the law, and the political power must accord with the law strictly and make the law a foundation; (2)In order to realize rights and freedoms of the individual, the activity of state should be restricted by the law; (3)the separation of power is the necessary precondition for the realization of the state ruled by law.With being into a new period of social transition in the 1990s of the 20th century, the Russia principle of the rule of law becomes the question by the Russian scholars again. In view of the meaning of the principle of the rule of law, they forms the following basic opinions: First, rule of the law or the law takes precedence; Second, rights and freedoms of human being and citizens are protected by the law; Third, power should be separated and balanced; Fourth, the state and its citizens have mutual responsibilities. The theoretical summary and understanding of the principle of the rule of law are complete, but there is a very strong element of idealism. More importantly, Russian scholars generally believe: strengthening rights of civil society has extremely important influence on the check and balance of the state power, but the state power is the indispensable role in controlling the society and protecting the civil society.The facts, however, has not been towards the desired direction. Whether in the formal element of the rule of law, namely the unity of the legal system, the generality of law, the validity of legal norms, the neutrality of justice and the professionalism of law or in the substance and spiritual element of the rule of law, the Russian Federation is far from the standards. In Russia, the environment of the rule of law doesn't exist, that is to say, the soil for the survival of the rule of law pointed out in the" the ecological environment of rule of law" by Professor Yao Jianzong is lack, namely the autonomous social life, the free economichis life, and the democratic political life, the diverse cultural life and the arrangements of constitutional system.The Russian tortuous path of the development of rule of law shows an important question: the conflicts between Western civilization and Russian civilization,that is the conflicts between the Russian traditional thinking and the Western modern idea is behind the state ruled by the law . Many aspects show this. Taking an example, Western liberalism is the basis of rule of law; however Western freedom is a kind of freedom of looking individual as one atom, which differs from the national identity and the character of pursuing the integrity in the Russian cultural traditions in essence. The rule of law needs the spirit of freedom and democracy, but there is a gap between the spirit of freedom of the nature of Russia's nations and the spirit of freedom of the rule of law .The latter is the pursuit of specific freedom falling to right , not simply ideal any more.In fact, the development of the rule of law itself is a process of system's trying-error, and a process of finding the point of dynamic balance between order and freedom. The formation and improvement of rule of law is endless. This paper is divided into seven parts:The first part is preface. This thesis is constructed. According to the realistic case of the process of choosing the path of the development of the rule of law of Russian Federation, I try to show that disregard of the requirements of the development of social justice, artificial social construction for instant success will make the society disorder, non-personal freedom and democracy; the freedom and development of an individual is possible in a harmonious and stable social order only. In the perspective of verification ,I am trying to find out the reference to the development of rule of law in China on the basis of the experience of the path of the development of the rule of law in Russia and break the researching way which take the formal element of the rule of law, namely the unity of the legal system, the generality of law, the validity of legal norms, the neutrality of justice and the professionalism of law etc as the only study path in order to raise the quality of study of the thesis of the rule of law.Chapter 1 is the theory of the rule of law. In this chapter, I attempt to begin with the concept of the rule of law, and to limit further the thesis of rule of law in this paper .It is important how to define the criterion of evaluation, the pattern of development and the environment of survival of the rule of law. It is the basis of discussing the rule of law of Russia.Chapter 2 is the study of the history of the thinking of the rule of law of Russia. In the historical perspective, it traces the thinking course of the evolution of the rule of law of Russian .It should be said that it is a lengthy process, which accompanies social change. It is the accumulation of these ideas that make the great goal of the rule of law in current Russia and the determination which been put it in practice in the end.Chapter 3 is the study of human being, human rights and freedom and the rule of law in contemporary Russia. It mainly introduces the relations of human being, human rights and freedom and the rule of law in Russian society. The circumstances of the constitution may be reflected with the human being, human rights and freedom in a country, because the constitution of a country is a declaration of human rights and freedom in a sense. We can see the situation of legislation in the country, the situation of rule of law, and the unity of the legal system, the generality of law and the validity of legal norms through the Constitution, and we can see the situation of judiciary by the study of human being and human rights in the judicial field.Chapter 4 is the study of the legal autonomy and the state rule of law in contemporary Russia. This chapter introduces the division of power system in contemporary Russia, and attempts to clarify the position of legislative system and judicial system of the Russia in the power system and the social status of the legal profession. Whether the Russian society is really close to the rule of law in system relies on the clarifying of these issues because the legal autonomy is the ultimate guarantee of the rule of law.Chapter 5 is the study of the civil society and the rule of law in contemporary Russia. In this chapter, I clarify the interaction between the civil society and the the rule of law in the process of formation and development, and focus on the analysis of contemporary reality of the Russian civil society. It is essential to the analysis of the actual situation of the rule of law. Through the analysis of the country's civil society, we can see accurately the rule of law, the circumstances of the legal supremacy of the state, rights'restrictions on power and the right awareness of citizens. Because of civil society separating from national interests relatively is the integration of the multiple interests, it exists the conflict between multiple interests and the overall interests, which is the conflict between general interests and special interests. The Coordination of such conflict requires the rule of law, namely the supremacy of law. The multiple social rights can share and balance state power. Finally, the multiple rights of civil society require that the citizens improve their right awareness and form a unique culture of right.Chapter 6 is the conclusion. In this part, I assess the current the rule of law in Russian and forecast the future. I think, the "the rule of law Romanticism" of government promotion is the generalization of the development the rule of law in Russia. At first, I take the overall assessment of the formal, the substantial and spiritual of element of the rule of law in contemporary Russia. Secondly, I study the pattern of the rule of law of government's promotion; Finally, I take my prospects of the development of rule of law in Russia.