Study On The Logic Of Legal Power And Legal Right For The Construction Of The Harmonious Society

Construction of the harmonious society is a wider concept and process. Harmony of higher level can only be achieved through the transformation of social systems and overall structure.lt is a construction process, in this process, the various social systems should put themselves in the construction of Socialist harmonious society as a whole,then make these social systems continue to reach harmony. At last, it can achieve harmonyof higher level beyond precious level in whole societyln today's China, we are aiming at constructing a harmonious society,a society that complies with the principles which govern human development,a society based on production, a society that prides itself in humanistic values,a society that can evenly coordinate its intrinsic components into a harmonious ecosystem.The very society could only be a harmonious society of socialism.As we considering from the perspective of humanistic values.harmonious society is. to a large extent, a society ruled by law.A society ruled by law is therefore aiming at establishing a harmonious society based on humanistic values. Rule of law under the harmonious society derives from humanistic values.The rule of law in today's world does not only demonstrate its value in public power but also undertakes its obligation to maintain and advocate the value of private right.Nevertheless, either public power or private right are bound to the legal framework that such legal framework constitutes the legal power and legal right.The power is actually defined as public power. Whereas, private right values itself in realizing and advocating the rights of individuals, making it fundamentally private. The legal power and legal right is therefore committed to establishing a new logic. the logic of the legal power and legal right.The legal power and legal right consists of two different angles:the first one is the development of public power, while the second one advocates and safeguards private right. Therefore the two different angles constitute two different aspects of the same issue. Yet the quintessential part of this issue is the logic of the legal power and legal right. The logic of the legal power and legal right reconstruct the intrinsic relation of the the legal power and legal right.Moreover, it reconstructs our law institution and philosophy. It is the latest logic which is inconsistency with a new outlook on development as well as the city sensation of Marxist legal principles.Without the transformation of economic institution. the reformation of political system would be highly implausible. The reformation of economic system is the transformation of pure state owned economic system to socialist market economy.Since The Opening and Reforming, private right began to re vitalize. The revival of private rights is the motivation of social development, yet safeguarding private rights does not mark the commencement of privatization. However, the existing accord in which power mandates everything makes private right extremely vulnerable.Thus such accord seriously violates the institution. The regulation of public power is the driving power of establishing a harmonious society. Therefore the rule of law is deemed equivalent to the regulation of public power under the law.Society and nation are defined by the law at different scopes.The funding of a nation is to premise of the founding of law.Law does not come out of nowhere.It is enacted and enforced by public power.Based on the institution of harmonious society, we cannot possibly take a radical stance on the nation attributions of the law.Objectively, we could not only approach the relation between nation and law as subject and tool. The society conceived the nation in the first place while the faculties of the nation are indispensable to a society. Society is independent from the morphology and philosophy of nation. Authoritative nation would eventually move towards harmonious society.Emphasizing the social attributions of the law brings us the other side of the legal power and legal right:the significance role right plays in constituting a harmonious society.Public Law is the one party which is defined by national legislative institutions, it features in its authority and obedience of public power to regulate and maintain public interest.Public law fundamentally determines the realization of rule of law. Rule of law is the way to tame public power.Public Law derives from regulating public power as its logical singularity.Private law stands on the other side of the public law. It refers to the law that regulates the relationships between citizens as well as the private interest, property. and equal personality, making private law enshrined.The role which private law plays during the development of private right is a historical, logical consequence under the forces of reality.The Constitution is the very foundation of all laws, it is therefore applicable to both public law and private law that differs fundamentally from the traditional division of different legal departments.As a result of that, the Constitution should be recognized as the very foundation of both public law and private law.Constitution is the defining legal framework for both public law and private law, enabling virtuous combination of public authority and private rights. Executing the Constitution is paving the way for a country ruled by law.In today's China, the development of Constitution is no longer following the Western way, it has already stepped onto a way features in itself. Executing constitutionalism under the Constitution calls for the maintenance of justice and equivalence that is not only quintessential in the development of a harmonious society but also complies with the general interest of the general public. It is the only way towards a harmonious society.Respect and protect human rights have been documented in our Constitution.therefore it is the will of the nation to pursue such objectives and achieve its value.The human rights developments under the China featured socialism is always following the trajectory of the Marxist legal principles. Developing human rights in a country at preliminary level of socialism such as China must be based on the state of nation. liberal thoughts, seeking truth out of facts, progressing with time and humanistic concerns. contributing to the development of China featured socialist human rights to achieve and maintain the human rights of the Chinese people.Private right place at the very foundation of People's daily life, making it the foundation of human rights.Private rights is the foundation of human rights which demonstrates the principle of the ascendancy of rights and interests. Whether it features in the ascendancy of power or the ascendancy of rights and interests necessarily reflects whether the nation or the society features in autocracy or human rights. Public power is the guarantee of human rights and it also features in Marxism as well as the founding principle of China featured Socialism. Public power should undertake the responsibilities of safeguarding human rights.In today's China, the latest theoretical fruits of Marxist city sensation is the scientific outlook of development.The scientific outlook of development shall be marked as a new governing principle for us to establish an all new logic of the legal power and legal right. We define the logic of the legal power and legal right as the balance of public power and private right.The development of the legal power and legal right has been while known is the history of an imbalanced relation between public authority and private right to a balanced one.Such a balance is not simply the magnitude of measurement but rather a dynamic balance in which public authority and private right struggles against each other. In regard to the development of legal authority for harmonious society, public power should be following the mandatory regulation of law, proactively maintaining its legitimacy with respect for specific legal procedures, respect, guarantee, and serve the private rights which are also under the mandatory regulation of law. Thus it will be possible to balance the relatively powerful public power and the relatively weak private rights. Via the balance of the legal power and legal right it will be possible to correct the imbalance of public power and private rights which occurred in the past to realize a truly harmonious society.