The Social Basis Of Rule Of Law

In the morden times , rule of law means not only "government under law " and "rechtsstaat", but also means autonomy of the civil society.Factly, in the modern times china`s motion of rule of law was set with having taken government as the principal and with government authority from top to down . Because of neglect the power of the common people and the basis of the civil society , China has not realized ideal of rule of law. Rule of law isn`t only that the government rules the common people and the society with law and its authority . Rule of law can`t be established depending on the government own wishful thinking and its authority . It must be established in the corresponding basis of the civil society and should be inevitable result of the civil society evolution. An independent civil society separated with politics state is the social basis of rule of law. The economic basis of the civil society and legal culture established in it have decisive influence on the construction rule of law. The modern economic basis of the civil society and legal idea established in the economy are decisive elements on the construction for China`s rule of law. The government changing its function , government power being restricted , weakening and standarding its intervene to the civil society is the key to construct the market economic system and to form legal idea such as freedom ,equality and the legal right . The government can`t build directly and carry out rule of law with its force and subjective willing . So the function of the government is only to dominate the authority especially itself through reform of the society system to materialize an independent civil society and to accelerate the process of economical modernization and the legal idea modernization of the civil society, so as to provide the social basis of rule of law .