Research On The Development Mode Of Chinese Legal System Modernization

The modernization of legal system as a part of modernization is a process of transformation from conventional legal system to modern rule of law. Every country will face the problem of choosing the development mode when it wants to realise legal system modernization. Although scholars have discussed many problems of developing modes of Chinese legal system modernization, they did not free the modernization of legal system from current dilemma. However, civil society theory provides the solid theory foundation for Chinese legal system modernization. We use some research means such as law philosophy, law sociology, and historical analysis in this paper. Firstly, we retrospect the common theory of political state and civil society. Also, we make the inherent relations of state, society and legal system modernization clear. On the ground, we analyse the developing course and the practical dilemma. Two current main viewpoints of the developing modes of Chinese legal system modernization are animadverted on. Then, the problem is raised to theoretic view of political state and civil society based on Marxism civil society theory. At last, we build the development mode of legal system modernisation with Chinese characteristics and the interaction between the state and the society. We bring forward the demonstration countermeasure to construct the development mode of legal system modernization from the three aspects of cultivating modern civil society, regulating country power and founding the unhindered communication rationality between the society and the state.