Research On Social Power Of Cooperative Land Rule Of Law

In the course of the rule of law modernization,the practice of the local rule of law is deeply involved in the dual relationship between rapid social development and construction of the nation's rule of law.On the one hand,the local rule of law is facing rare historical opportunities and realistic challenges in the time with brand-new characteristics.On the other hand,the local rule of law needs to deal with key issues such as "how to make it possible?" "how to proceed?" and "how to achieve it?".The complexity and uncertainty of globalization mean that local regions in an opening-up pattern must take an international perspective to deal with various legal issues emerging in economic society and its rule.In a high-quality opening-up pattern,diversified strategic initiatives such as “One Belt and One Road” and improving the international business environment have generated diversified demands for the local rule of law,concerning legislation,administration and justice.The renovation of“decentralization” in the digital age has not only given birth to the optimization of the local digital government,local norms and tools,but promoted social development and public participation.However,it has also brought about the double-edged and imbalanced effects reflected in "digital Leviathan" and Internet public events.In the face of these opportunities and challenges,the local rule of law is not only constrained by the imbalance between the internal dynamic subjects and dynamic elements,the allocation of internal power relations,but also by the imbalance between vertical intergovernmental power relations and horizontal government-community power relations.Solving the paradox of weak foundations of society and government dominance has become the main direction of effective local rule of law.At present,the practice of the local rule of law in China has three types according to the general model,dynamic path and typology classification of the rule of law-the experimental local rule of law characterized as a national typological trial-and-error analysis model,the competitive local rule of law as a governmental competition analysis model,and the contract-based local rule of law as a pressure outsourcing analysis model.However,“decentralization” which urges the government to cooperate with other entities can become a direction for the government to modernize the local rule of law.In reality,the market-oriented benefits convergence effect is leading multiple entities to move from competition to cooperation.The contemporary reform of service-oriented government is changing itself fromgovernment-centered to people-centered.Besides,the embedded growth of social forces is driving the local parties involved to cooperate from systems to actions.In theory,the equal governance of local affairs,the land-based cooperation provisions of the Constitution and laws,and the trust mechanism of local society provide the sources of justification,legitimacy,and effectiveness of the cooperative local rule of law.The cooperative local rule of law means that basing on trust,the social power and government power with relatively independent status make full use of existing resources and social capital,play the active role of the community formed by the combination of multiple social subjects through equal cooperation and interwoven interaction,and effectively realize the goal of power restriction and rights protection of the local rule of law,which requires cooperation subject,cooperation conditions,cooperation mode and cooperation platform.It is characterized by strong sociality,multi-entity,equality and collective action.Social power,as an important force of the cooperative rule of law,exists all the way in the reform practice of the local rule of law.In the network of government-society relations,complex society participates and co-exists with the government on an equal basis.Meanwhile,in the structure of power relations,marginal and hidden social power is gradually working with government power to act together based on mutual trust.Social power is the power and ability owned by social organizations and social groups rather than by national organizations and social individuals through which to influence,dominate and control the country,society,and public by the social resources in their possession.It also possesses the power of multiple social subjects such as social organizations,and various resources like social capital,and exerts influence on other subjects,power,and rights.It is one of the main forces of the local rule of law.Under the“government-society” relationship model,social power,as an important dimension of local legal power relations,has multiple social subjects.The power of the rule of law owned by social power mainly arises from various subjects in social fields on conditions of systematization,socialization,and public resources.Local social organizations are the most important subjects of social power,including social groups,foundations and social service institutions.In the process of high-quality governance,they not only have the organizational independence and autonomy of action,but also have the characteristics of non-government and publicity.A stable social group is a social community based on the value of social interests and needs toachieve common goals,including more real social groups and virtual social groups.Self-organization,common interests and member identity are its important characteristics.Autonomous social organizations are legal social forces,widely exist and play an important role in urban and rural governance.The main body of social power is not only the form of social organization,but also the important driving force of local rule of law.What social power can do in the cooperative local rule of law is its important jurisprudential dimension.As a whole,the self-organized operation of social power can not only enhance its legal status in the power system,but also effectively exert its externalized functions.In the practice of the rule of law,social power effectively prevents the expansion and abuse of local governments' power by urging government functions to change self-limiting power,restricting the implementation space,and disassembling and transforming government power.Strengthening social capital and promoting social cooperation is another function of the rule of law in social power.In real practice,social power enriches social capital by constructing a reciprocal network for strangers,fostering a public spirit of equality and cooperation,and building a social order.Also,social power promotes the gradual generation of social order through the coupling mechanism generated by its authority and multiple powers.By limiting government power,cultivating social capital,and generating social order,can social power realize its functions of the rule of law.The role of social power in cooperative rule of law can be realized through its effective operation.The operation mainly depends on the open and multi-layered democratic space of practice,multiple capitals such as economy and information,and rational,diversified and prosperous local social culture.Under these conditions,the local rule of law relies on the trust of public-private partnerships to strengthen equal dialogue and public consultation,and to achieve in-depth cooperation on the rule of law through orderly participation in legislation,administration,and justice,and through community autonomy in urban and rural areas.The operating mechanism of social power is the core mechanism of the local rule of law.A multi-power cooperation network can be established through autonomous decision-making and active mechanisms of social power.Based on the projected performance symbiosis community,a social trust system and norms of the cooperative operation by government and social power will be built so that multiple entities can take collective action.Relying on various entities such as social organizations and governmentdepartments,strong sharing mechanisms of social capital and mutually beneficial information,and a project-based virtual cooperative community based on trust,social power and government power evaluate and feedback on the performance of power operations,and respond dynamically to power restrictions on power and need for protection of rights so as to achieve the goal of the local rule of law.Of course,the cooperative rule of law must also be on high alert against the political motivation and power collapse of social power to ensure that the operation and function of power are guided by the goal of the rule of law.