Civil Society Is The Basis For China Towards The Rule Of Law

"Ruling the country by law and constructing socialist legitimate country" has already been the requirement of the times and inevitable trend of social development. However, scholars has different opinions on how to construct socialist legitimate country. In order to explore the problem of China toward the rule of law, I do the research on this subject. In the first part of the thesis, I put forward the question, that is, what kind of society can provide the rule of law with living surrounding. It introduced the research of this subject at home and abroad, the thinking thread, means, significance and creativity. In the second part of the thesis, after I proved by reality, analyzed historically and logically, I think the fundamental of the rule of law is civil society. It is because the special structure and characteristic of civil society that made it has the legitimate function other society does not have, thus it provide multi-social bases for the rule of law. Civil society shaped free individual, they got out of fence of blood and land and had extensive social communication. Freedom and equality also became the aim that people pursued; this showed in the civil conscience and transformed the spirit of the rule of law. The conflict and contradiction that formed in civil society needs unifying. During the limitless circulation of conflict and unification, it provided society with original regulation and made law formalized continuously, made the means of the rule of law scientific and reasonable. Only in civil society can people care their rights and strongly need independence, the contents of the rule of law can be realized. So civil society is the soil for the living of the rule of law, it is also the base of the rule of law. In the third part of the thesis, I practically analyzed the relationship between the rule of law and civil society. There are two causes for the formulation of the rule of law in the West. First, the city came into being and the city law appeared; Second, the function of the civil class as the main and the appearance of commercial law. In a word, the rule of law in the West developed with growth of civil society. Before liberation, civil society didn't form in China because of peasant economy, family law system, imperial dictatorship and ethical culture; it also didn't form because of planned economy, concentrated politics, solo culture and unit system after liberation. For this reason, the rule of law didn't come into being. The different historical fate for the rule of law in society of China and the West shows that if the rule of law will be formed, it must depend on civil society. The rule of law in the West evolved because it had rich and deep cultural bas, so it embodies enough stability and continuity. The country controlled everything. The rule of law centered by the country is easily influenced and interfered by the outer factors, thus it may get out of its normal working track. So I drew a conclusion that civil society is the basis for China towards the rule of law. In the fourth part of the thesis, I put forward the ways to build civil society on the five aspects of market economy, political system, free unification, public field and individualism. This laid a social foundation for the growth of the rule of law. In the conclusion, I suggested civil society should interact with political country in the process of China towards the rule of law.