On Legal Guarantee Of Political Market Order

“Political market” as an analytical paradigm, its core is “transaction” perspective since ancient times; as a theoretical form, there are two schools including theory of “pluralist democracy theory” and “public choice” in American; as a basic category, some scholars have studied it from the basic elements of “market”. “Political market” refers to the sum of the multiple game exchange relationship of looking the power as the mainline, as the basic categories of the power and right, power and duty etc., as the various expression forms of supervision and protection, communication and exchange, struggle and compromise. It consists of “political market subject”, “political market object”, “political market cash”, “political market environment" and other basic elements. The order of political market refers to a kind of model, process and state of the consistency, continuity and stability including the market subject, object, cash, and environmental factors being interaction, mutual influence and organic connection. Healthy stable and sustainable development of the political market order must be based on the rule of law.Rule of law is a multidimensional concept, as opposed to a “rule of man”, the connotation of “good law”, it is the pursuing common goals of all civilized countries since modern times. However, due to different national conditions, the choice of path and operation model of rule of law in each country is very different. In concept, the rule of law can manifest three kinds of existence way including “public form of the rule of law” and “academic form of rule of law”, “the political form of the rule of law”. In practice, the rule of law is a relatively independent system made up of legislative, executive, judicial, obeying law and other sectors, etc. Both as a aims and the means, as a theory and practice, the existence and operation logic of the rule of law has a special function. The rule of law can play its safeguard function of the political market order, due to the construction function of the rule of law, the people’s plasticity, practicing basis of the rule of law. Throughout history, the formation of political order in human social is in the construction, development, continued in the formation.With the standard of order, the political market can be divided into three forms of prosperous political market, depression political market and out of control political market. Political market order is “rules of order”, “free order”, “market order”, “live and orderly”, therefore, the rule of law can play safeguard function including “leading”, “urging”, “relief”, “integration”, etc. such as, in order to realize the commonality of the political market subject, the rationalization object, the scientific nature of political market cash, the benignity political market environment.Political market subject is the primary factor in the political market, it is important influencing factors in the political market order. The subject of organization or groups form, the power or the right, its behavior eventually has been embodied by “individual”, to maintain the normal order, publicity of the political market subject is inevitable required. Publicity is not only beneficial to the individual’s own development, but also conducive to the development of the society. Publicity include three levels from the “forced” to the “inner self”, that is, the sense of responsibility, independence, tolerance, etc. Publicity plays a political market “order” function in increasing political harmony, promoting the modernization of governance, enhancing political development. The rule of law protects publicity of subject respectively from three aspects including responsibility, right and culture.The political market object is the carrier and the basis of the market subject’s rights and obligations. In the political market, it plays the “global”, “fundamental”, “decisive”, political market “order” function etc. The core of market object is “interest relation”, the relationship between national interests and personal interests among them is “mainline”. Good rationalization of political market object is the basic requirement of good political market order, the path of rule of law is to make clear regulation of national and personal obligations, and for regulation going from the perspective of legal responsibility.As general “equivalent” of political market, political market cash has the important value of order. The characteristic of political market cash embodies mainly in the conceptual, diversity, decisive, etc. As a new differentiate standard of human society form, human history can be divided into heroes era, theocratic era, ancestry era, the rule of law era, etc. Under democracy and the rule of law, “cash” in political market is the “votes”, “gold” is “virtue”. “Virtue” in Political market is constitute of three dimensions from low to high including “real, talent, wisdom”, respectively forms the dimensions of foundation, the dimensions of the core, the dimensions of commander in chief of virtue. Through the relationship of “voters”, “candidates”, “electing result”, we can vividly analysis the operation rule of political market “cash”. The political market inflation is one of the “abnormal order”, it embodies “absence” of the real, “phantom” talent and no “wisdom”, it leads to the consequences of the loss of promise to the people, the loss of confidence in the people, the loss of power to the people, its legal path lies in the establishment of virtue status, punishing misconduct behavior, construction of social virtue.Political market environment is the “barometer” of political market order. Political market environment is mainly composed of the three elements including “fair competition and power restriction, “political trust”, three elements are relations of a logic operation from appearance to essence, from the outer to the inner. Fair competition plays function of “order” in the “self-gratification, maintaining stability, pick”. The rule of law resorts to maintenance opportunity fairness, equality, open path to avoid “competition imbalances”, to prevent the “competition violence”, eliminate “competition unfair”. “Power restriction” is the core of the political market environment, “unchecked power” political market order including despotism and totalitarian is weak, unsustainable, power restriction is the result of man’s nature, beginning in the nature of power, based on the practice of rule of law, the rule of law resort to the way to “authorization, limited power, reward and punishment” in order to maintain state of power limited; Political trust is an important factor of political market environment, there is a paradox not only democratic order but also authoritarian order, there is a natural fit between clarity, rational and inner spiritual of the rule of law and political trust, the legal way to enhance political trust resort to the law formulated by the people, the supremacy of law, social consensus, etc.To sum up, this paper is based on two basic category including “political market order” and “legal protection”, consisting of the basic framework looking “legal guarantee” as “longitude”, “political market elements” as “weft”, “order” as the “vein”, “the rule of law” as “weft”.