The Variation And Development Of Public Law In China As Viewed From The State-Social Relationship

The innovation in china is forging ahead not only in a certain side, but in the whole society. In fact, it is a revolutionary process where power transits to human right; social main body changes from centralization to decentralization; and status society develops to contracted society. The appearance of socialistic civil society breaks the rule that state has precedence over everything in the traditional state-social relationship in China, and makes this relationship re-examined. All above are concentratedly reflected by the variation and development of public law of China. So it is in need of social reality that the modernization of public law in China should be viewed from the theory of civil society.This thesis, firstly relied on the theory of civil society, points out that the well interacting of state-society is the basis and boundary of changes in public law, and further finds out four important factors which influence the development of public law, including human rights, power limit, rational order, and civil consciousness. Then using the development of public law in China to reflect the variation of civil society of China, present the inner conjunction between the departing of the state-society and the engendering and changing of the public law system, and illuminate that the public law in China will be modernized by establishing the basis of plural rights, re-building the authority of public power, conforming the rational formula of civil society, and re-modeling civil consciousness. Meanwhile, on the basis of the modern socialist public law system in which power and right are in the dynamic equilibrium, the state-society relationship will be in a good condition, and socialist nomocracy will be set up as soon as possible.