Civil Society And The Building Of Socialist Democracy And Rule Of Law

In the practice of socialism, China has achieved very much since the police of reform and opening up carried out over 30 years ago. However, in the process, there some problems which are urgent need to be solved. such as, unbalanced economic and social development and the defective democratic government by law as the main problems. These problems reflect the practice of socialist in China diverges from the concept of socialism of Marx and Engels. This deviation is not only the result of the relatively backward social productive forces in China at this stage, but also the result of the imperfect the theory of Marx and Engels which concept has gone beyond the socialist practice and the idea of social governance is not incomplete. The lack of democracy and the rule of law is the common defect in our practice to enrich and improve the socialist and socialist theory, and also result in the system level issues in the practice of socialism in China. Therefore, the socialist in China not only need to be rich the content from the contemporary theory, but also need to be strengthen its development from the practice. Only in this way can we improve and safeguard the socialist, and eliminate deviations from practice and theory.The basic meaning of democracy is the sovereignty of the people on the system level, the rule of law means the division and constraints of public powers. In modern society, whether democracy or the rule of law can not be built unilaterally; they are interdependent, mutually based and mutual protected. In socialism, democracy is the democracy of legal system; rule of law is the rule of law led by the people; the law is the universal expression of the people's sovereignty and will; and the run of the government's public power is subjected to the people's supervision and regulation. The key to build democracy and the rule of law is to restrict the government with law and to limit public power. alienation from the system to prevent the democratic, legal alienation and the rule of law, and civil society to have a divided public power of nature, while also providing social organization for the democratic rule of law conditions, thus it becomes an effective way process to promote the social-democratic rule of law.Marx built his own theory of civil society on the base of criticizing Hegel's theory of civil society. He believes that civil society is"the relationship of material living exchanges"developed to certain stage, which are the basis of the political state and decide the political state. Modern western scholars (such as, Gramsci, Habermas, etc.) regard civil society as the general term of the various private or non-governmental organizations, which formulate and spread ideology especially of the ruling class, or as"the field of private autonomy"independent of the state. The China's scholars (such as, Deng Zhenglai, Wang Xinsheng and Yu Keping, etc.) stress that civil society is a middle ground independent of the government and the market economy-the public domain and the private domain, which have pointed to the middle ground of independent activities, as well as the voluntary nature of its composition, and this middle ground either with the public domain or the private domain are interrelated and interacting.In summary, the civil society is a organization which consists of the independent civil society in accordance with contract rules, on a voluntary basis for the autonomy of the precondition and to economic activities, social activities and with the national two-way interaction, with a view to personal and social health existence and development of the expression of the common interests of the body. It has the organization, independence, and the market economy counterparts, cooperation contracts, non-political, public legitimacy and other characteristics. The civil society is result of the development of commodity economy in the process of formation and commodity economic development prepared for the formation of civil society organizations.Civil society is the possible way to build socialist democracy and rule by law. First of all, democracy and the rule by law have a natural connection with civil society. Both of them are in harmony in the origin and composition. In view of their origin, they all originated from the development of commodity economy. They rooted in private social life which is characteristic of participants as equality and interrelated individual. In view of their composition and condition, democracy and rule by law is the way to achieve and maintain individual or social non-governmental organizations rights which is equality, autonomy, independent. However,social non-governmental organizations which is independent from government and public power , are the main elements and basis of civil society building. Secondly, the civil society can provide social organizational conditions for socialist democracy and the rule of law, that is to say,there are enough individuals and civil society organizations which are relatively independent from the Government and own their rights. Finally, the civil society can divide and restrict the public power which can provide a mechanism of protection of democracy and the rule of law. These decide civil society is able to promote the building of socialist democracy and the rule of law. Only in the course of civil society development ,can socialist democracy and the rule of law be completed.In short, in practice, we can build China's civil society to promote the building of our socialist democracy and the rule of law; in theory, we can improve Marx and Engels'socialist ideas of the public social theory. The development of China's socialist market economy provides the opportunity and conditions to build civil society. With the development of market economy in China, our society has gone a series of changes: the social structure has undergone profound changes; people's values began to diversify; relatively independent associations and non-executive of the economic, social and cultural fields, all non-for-profit economic organization emerge; relatively independent"society"began to appear; social rights are expanding and become diversity, etc. Therefore, in traditional China which is in the absence of democracy and rule of law, we can develop the socialist market economy in the process of building civil society, through the formation, development and growth of civil society, using social forces and the right of the people to restrict the expansion of public power, promoting the process of socialist democracy and rule of law, preventing the alienation of democracy and the rule of law, and to build a society of socialist democracy and the rule of law, which is fair and equitable, healthy and harmonious, and sustainable developmental.