The Road Of China's Rule Of Law Interwined With People-oriented And Democracy

This paper wants to answer three basic questions which impact the process of building China' s rule of law: How to choose the road of China' s rule of law, how to think about the course of the past sixty years, and whether the road of the rule of law we chose and practice after is proof? And the answer relates to comparative study of the People-oriented thought, the democratic spirit, the rule of law.The People-oriented thought, Originated in the Shang and Zhou dynasty, is the essence of traditional Chinese political and legal thought. Its historical progress rooted in its elements of thinking highly of people, benefiting people, making people rich, people-oriented , etc, historically has brought up a number of enlightened emperor and virtuous officials, created many periods of peace and prosperity, objectively provided standard of value and resources of intelligence for creating Chinese brilliant ancient civilization. But to the interpretation of this People-oriented thought should not be divorced from a specific era, because of the absence or dislocation of its ideological foundation, the legal status and the system's support, mostly at the level of moral ideals of open-minded intellectuals, ideological power of the practice is limited.The democratic spirit, which originated in ancient Greece, is the core spirit of Western political and legal culture. Its essence is to protect the freedom, equality and human rights, and its rational is the birth of contemporary Western civilization. The democratic spirit, which is different from the People-oriented thought, is closely integrated with the law and the system when it arose from the beginning, and therefore very realistic. Democracy can achieve majority rule, but not reflect whole person' s rule. It is obviously inconsistent with the spirit of democracy that the minority interests absent from the democratic institutions.The basic spirit, which originated from the west rule of law, is the control of power and the protection of rights. As the spirit of democracy, it is the wonderful work of Western civilization. The value of the realization of the rule of law is the existence of good laws which originated from democracy; but history has proved that the situation of the rule of law without democracy, is not only theoretically possible, but the existence of a reality. The latter means that the bad law may arise. To overcome this danger need to improve democratic institutions and promote the People-oriented thought.To realize good governance, the People-oriented thought, democratic values, the rule of law should achieve the ideal three-dimensional interaction. The People-oriented thought prominent that officials are concerned about people, while the democratic thought makes widely known that the people constrain officials. The democratic system without the support of the People-oriented thought is very easy to dissimilate for the tyranny of the majority of people, while the People-oriented thought without the guarantee of democratic system is easy to evolve for the official gift to the people. Without the People-oriented thought, the rule of law which takes democratic system as its core has only shell of the rule of law, but will not win the people' s understanding and recognition. Without the guarantee of the rule of law, the People-oriented thought and the democratic system will face to great risk, and be easy to slide into the abyss of the rule of man and authoritarian.For sixty years, instead of copying Western theories and re-take the Western road but taking west theory of the rule of law as background , China' s rule of law has been searching for its own growth pattern to form the distinctive national characteristics. In a word, it is showing the "special" road of the rule of law under the intertexture of the People-oriented thought and democracy.