On Political Mobilization For The Construction Of Rule Of Law

It is an important issue of the epoch for China to realize the modernization of national governance system and governance capacity through comprehensively deepening the reform and realizing the transformation of state governance. To promote the modernization of China's national governance, it is necessary to transform the model of political mobilization from "campaign-style governance" to "governance of law". The proposition,political mobilization of legal construction, is a combination of "fact" and "value". The nomocracy is not only the inevitable choice to realize the modernization of national governance, but also the representation of legal-rational political order construction. However,the symbiotic and functional contradictions hidden behind the political mobilization of legal construction have reflected an intrinsic paradoxical relationship between the legal construction and the political mobilization. But in the context of China, political mobilization is the necessary stage of the construction of the rule of law. The political mobilization of legal construction involves many factors in which one of the most important is the theoretic structure which composed of the subject authority, subject-object interaction, means, identity of aggregation, and concerted action. This thesis will explain the internal mechanism of the political mobilization of legal construction in contemporary China by focusing on a series of basic problems: the mobilization subject depends on what kind of capacity or resources; what kind of relationship will be established; which means will be used; what kind of goal will be set; how to obtain consensus and identity from the mobilization object and ultimately realizing concerted action.The subject of political mobilization in promoting the rule of law in China at present refers to the ruling party, which is the supreme political authority. The ruling party is able to effectively carry out political mobilization in promoting the rule of law because it is powerful in gathering political resources. The combination of ideology, an indicator of the moral appeal or ideological domination of gathered resources, organizational network that determines the efficiency of resource gathering, and power structure that determines the effect of resource gathering is the advantage of the subject of political mobilization. Moreover, ideology is the spiritual element to maintain the internal cohesion and external ideological influence of the subject of political mobilization; organizational network is the formal element to maintain the collective structure of the subject of political mobilization; power structure is the element tomaintain the external essence of the subject of political mobilization. Under the rule of law,one basic requirement is that the law has the supreme authority, which further requires the above-mentioned elements to be consistent with laws and regulations, thus influencing the ideology, organizational network and power structure of political subject and making it inevitable for the subject of political mobilization to be legally authoritative.The object of political mobilization in promoting the rule of law interacts with the subject of political mobilization in the process of the mobilization. This two-way interactive process is the process of socializing the rule of law. By socializing the rule of law, the object of political mobilization can confirm their identity as legal subject, complete the transformation from “people ruled by politicians” to “people ruled by law”, and establish individual and mutual identity identification. To establish the identity of the object of political mobilization as the subject of the rule of law, the key is to break the traditional relation between politics and society, realize the transformation from “omnipotent politics” to“politics under the rule of law”, replace the system that emphasizes people's duties over rights with a system that highlighting balanced duties and rights, build a political participation system under the rule of law, guide the expression of interests and the realization of interest demands by law. The mass line in essence represents the communication logic between the ruling party and the people. Due to the construction of a modern country, this logic is embedded in the institutions of the country and institutionalized by the country to some extent.According to China's legal logic, institutionalization means legalization. In China's promotion of the rule of law, the power represented by the mass line is going through structural change. While accepting people's opinion, the mass line that reflects people's appeals can only rely on institutionalization and relevant practices in promoting the rule of law so that it won't fail to build consensus on social norms because of diversified and decentralized appeals of people. In this sense, state and social governance by law in fact is the identification of laws as common rules for people's behaviors, which are endowed with mandatory force.The approach of political mobilization in promoting the rule of law is in fact a way which gives the rule of law(an abstract political issue) a concrete meaning. Viewed from the surface to the center, publicity and education is a major way to build up political identity of the rule of law. Publicity and encouragement, model demonstration and the political ritualization and symbolization in promoting the rule of raw are the three main approaches.Thus, some negative but legal resources can be made full used of. The effective implementation of publicity and education is closely related to common political subject who is affected by effective organizational control. The rule-of-law education and behavior choice are forcibly implemented through the top-to-bottom approach, organizational control of identity, training control, assessment control and other ways. But to realize the political mobilization in promoting the rule of law, the interest among social subjects needs to be fundamentally integrated. If the bottom line of the rule of raw cannot be abided by, and if the public's illegitimate interest need is satisfied in an unlimited way, the tendency of populism would arise in the obtainment and distribution of interest. Opposite to this is another tendency which gives rise to the interest competition between the government and its people.Significant changes have taken place in the approach and the content of political mobilization in promoting the rule of law, as network and other newly emerged media appear and get rapid development. The model and effect of political mobilization may be changed by using technology to fully play the role of politics. As for the political mobilization in promoting the rule of law, the use of network can expand the space for political mobilization, speed up the process of political communication and form a sense of online group identity. The traditional way of public participation has changed with it. Reverse mobilization begin to appear and play an increasingly significant role.The subject and object of political mobilization in promoting the rule of law have developed political identification of the rule of law during their interaction. As the economic reform gradually becomes severe due to weakening ruling legitimacy caused by economic rules, ruling resources owned by the subject of political mobilization, such as historical resources, performance resources, and ideological resources, are faced with the risk of losing legitimacy. To deal with the risk of losing legitimacy, the subject of political mobilization takes the promotion of the rule of law as a breakthrough in political reform. The political construction in promoting the rule of law has experienced a series of transformation, such as distinguishing the legal system from the rule of law, the development from academic construction to political construction, the ruling party being replaced by the government as the subject promoting the rule of law, and the transformation from administration by law to governance of law. Identification of the rule of law reflects the common influence of political output and political input. Moreover, the identification has changed from identification of the subject to identification of legal norms. However, identification of the rule of law issomewhat ideological and certain paradox exists between identification of right, the core of identification of the rule of law, and the approach of the political mobilization.How to integrate multiple subjects together in a differentiated society so as to achieve the consistency of the collective action is the fundamental problem which involved in the governance of modern state and society. For the effect of the political mobilization of legal construction, the most fundamental criterion is "consistent action". Politics-the rule of law relation is not simply equal to policy-effect relation. Policy-effect relation is a one-way thinking while politics-the rule of law relation, which at least experiences the construction of the system and the selection of behavior in the process, has a response and feedback mechanism or an interactive relationship. The political mobilization for its subject is effective only if a progressive consciousness-mechanism-action logic was formed in reality. However,there is a gap between theoretical presupposition and real effect, and between the concept supply for the rule of law and the system supply. The goal of political mobilization in promoting the rule of law can only be realized by offering relevant system and mechanism,defusing the organization-system lock-in effect and providing a political incentive-constrain balance mechanism. Besides, the operation of the rule of law needs the support from social capital. To realize the modernization of the nation and social governance, social empowerment should be increased, the diversification of public governance leading by the rule of law, interworking by formal and informal rules, should be promoted and the paradoxical coexistence relation between the promotion of the rule of law and the political mobilization should be addressed effectively.The further target of legislation is great policy and well governance. Only after the policy is well established, the improved governance is likely to happen. A good governance refers to a great governing process and status, a status to entitle all individuals freedom to improve and provide opportunities for improvement. To evolve from well established legislation to improved politics to eventually superb governing, it has to go through the shift from instrumental to value legislation, and also from mobilization to volunteer legislation.