The Realization Of Democratic Rule Of Law

The aim of this paper is to explore the mechanism ruled by law of the democracyimplementation， by studying the possibility and pathway of democracyimplementation promoted by the rule of law and analyzing the external environmentof the implementation of democracy. It should be told in the way that democracy is agoal， however the research of how to realize democracy is still far from enough，especially in the aspects of the mechanism ruled by law. Doing research on themechanism ruled by law of democracy is significant to deepening the study ofdemocracy and the mechanism of rule of law，perfecting the theory of the mechanismruled by law of the democracy implementation，enriching the science of politics andthe theory of law，and advancing the construction of the mechanism.Under theguidance of the materialist dialectics，the paper attempts to comprehensively use theway of historical analysis，comparative analysis，beneficial analysis，logic analysisand case analysis，to reveal the internal mechanism and external environment of theimplementation of democracy ruled by law and to explore the mechanism of “rule oflaw” of democracy implementation.The theory of democracy has a long history，including the theory of classicaldemocracy，elite democracy，pluralistic democracy，participatory democracy anddeliberative democracy. Although the thinking of democracy is varied，it is generallybelieved that democracy is the rule by the people，the implementation of democracy isthe realization of the rule by the people. The principle of democracy implementationincludes equality，effective participation，decision of majority and protection ofminority. To a certain significance，The mechanism ruled by law of democracyimplementation is the legal operation mode of democracy implementation，includingthe legal operation of related factors of democracy implementation and the impact thatrelated factors put on democracy implementation. The mechanism ruled by law ofdemocracy implementation includes not only promoting itself，but also the externalenvironment of realizing democracy and the optimization made by the rule of law.The mechanism of “rule of law” of democracy implementation refers to in the processof realizing democracy，various legal means contacting with each other as well as theeffect which these links has on promoting democracy implementation，including theguidance of system，the promotion of program and the settlement of dispute，etc. The external environment of achieving democracy includes market economy， civilsociety and modern culture，etc. whether democracy can be realized，depends not onlyon the law mechanism，but also on the external environment， as well as on how thelaw affects the external environment.Can the rule of law promote democracy implementation? The answer is positive.In the first place， law could ensure a good social order to achieve democracy，through providing the predictable pattern， the adjustment of social interest relations，the coercive force of the state and other means to the members of society. In thesecond place， law can restrict power and ensure the civil rights by confirming thedemocratic system， the democratic criterion and the democratic procedure and so on.In the third place， by redefining the relations by law between power and power，rights and power， law can use both rights and power to restrict power in order toadvance the implementation of democracy. Finally， the rule of law can doremediation to the error occurred in the democratic process， at the same time，restrict the public power and realize the civil rights.Generally speaking， the democratic way mainly includes election of publicposition， referendum and supervision. As a way of democracy implementation， onthe one hand， election raises the awareness of the rights of citizens， achieves andmaintains the basic civil rights; on the other hand， it can restrict public power in avariety of form. The referendum can express the demand of interests， protect civilrights through the promotion of citizens’ participation in public and political life，participating in public affairs， making law， taking back the trust to restrict publicpower. Supervision mainly aims at the system of the parliament， elections andpolitical parties and so on， strengthening the supervision on power， protecting thedemocratic rights of the citizens.How does the mechanism of “rule of law” of democracy implementation work?First of all， system is the system foundation of achieving democracy. Confirmingdemocracy from the system makes democracy represent the will of the state.Confirming the basic rights of the citizens from the system makes it obtain legalauthority. Restricting the public power from the system makes the power run in thescope of law. Through the election system of the representative departments andadministrative organs， and the referendum and political party system， it can restrictthe use of power，and protect the civil rights. Secondly，democratic procedure is the key point to the realization of democracy. The implementation of the democraticprinciples of equality， effective participation， decision of majority and protection ofminority are required procedures， for procedures has a special advantage to achievedemocracy. Only through the program， is likely to restrict power， to safeguard therights of citizens， to prevent tyranny of the majority， and to enhance democraticefficiency. The last one is that the dispute settlement is the guarantee to realizedemocracy. Democracy may have triggered the conflict between different interestbodies， and the conflicts of public competition and social backlogs. To a certainextent， the democratic system itself contains a conflict. It should be said that the ruleof law solution is the best way to handle dispute， by appealing， accusing，prosecuting and litigating and so on to resolute democratic dispute resolution， so asto better promote democracy.As the external environment of democracy implementation goes， marketeconomy， civil society and modern culture are the economic， social and culturalfoundation respectively. Democracy is inseparable from the market economy， as thesuperstructure democracy must adapt to the economic base. A clear property right， afair competition and a perfect legal system are the basic characteristics of marketeconomy， and they are also considered as the essential economic characteristic toachieve democracy. For market economy is helpful to train with equal consciousnessto citizen， to protect the individual freedom and rights， and realize the democracygenerally and openly. Civil society is the social foundation of democracy， for thecivil society is conducive to restrict the public power， to safeguard the rights ofcitizens， to promote social autonomy and to cultivate the modern citizenship.Modern culture is the cultural foundation of democracy， because the modern culturedoes a lot of good of the emphasis on civil rights and civil participation in culture，paying attention to the multiple value cultural and civic rational consciousnessgradually， and it helps to create a good atmosphere of democracy. From the view ofrule of law， rule of law is helpful for promoting the development of marketeconomy， the cultivation of the citizen society and the prosperity of the modernculture， so as to promote the healthy development of democracy.