China's Construction Of Rule Of Law In The Context Of Civil Society Theory

The development of western rule of law shows that advanced thoughts, idea of rule of law and legal system originated from long time of cultivation and development of civil society which is foundation of rule of law. Chinese rule of law has continuous learned from western advanced legal system and thoughts during the process of construction. However, the weakness of cultivation of civil society which led to fragile foundation, can not fundamentally promote the deepening of rule of law. Therefore, the cultivation of Chinese civil society and promotion of benignant mutual interaction between country and society can provide firm foundation for construction of our rule of law.Civil society is a historical category which has different connotations and features in different periods. Generally speaking, civil society is category corresponding to political state. Its purposes is to restrict state's power depending on social power, guarantee the realization of civil right, further promote the benignant mutual interaction between country and society, and facilitate the generation and development of rule of law.China has once given rise to emergence of civil society. However, economical, political, ideological and cultural factors restricted its further development. With establishment of China as a new country and prosperity of market economy, the features of contract, separation of power, and diversity implied by civil society suited the requirement of people's interests; therefore, great importance was attached to it. However, cultivation of civil society is a long systematic process. We should study the cultivation of civil society really suitable to Chinese particular social circumstance on the basis of western successful experiences, which will provide effective foundation for the construction and development of rule of law.The cultivation of Chinese civil society must deepen the reform of the economic system. The stability and prosperity of market economy is foundation and safeguard of existence and development of civil society. To be specific, it is needed to further open the market, lower the direct interference from the government on economy, and develop rational rules for market economy, and speed up the urbanization etc. At the same time, it has to deepen political restructuring, change the functions of government, help and guide the independent development, and promote benignant mutual interaction between country and society. Most important, it is needed to cultivate the modern civil consciousness, especially subject consciousness, conscientiousness and rights awareness. We should set up the legal belief of reliance on rule of law and give full play to subject's positive function in the system construction and social development. It is suggested to gradually cultivate and establish all citizens'consciousness of rule of law according to features and requirement of civil consciousness of rule of law.