On The Legitimacy Of Law

It is the great state policy that the 15th National Congress of the Communist Party of China puts forward to " run the country according to law and build the socialist country ruled of law ". Under the guidance of flag ruled of law, France where we are riding us manages and thinks, the reality ruled of law along us, advance with big strides . We become so urgent to the understanding ruled of law at this time, the aspiration like this. We manage the road ruled of law where the theory has been proved to us to choose from ancient France, we seek our mode ruled of law from history picture ruled of law like western Monma Liza, we attempt from the west developed obtaining our ideal when rule by law, we attempt to realize through the current situation of improving us that our law is managed and thought. Like this, like this, we choose the road ruled of law to seem so out of the common. As we have not chosen when ruled of law , it is the beautiful yearning to rule of law; As we choose when ruled of law, reality and our expectation ruled of law have drop, our right yearning ruled of law turns one kind to rational thinking ruled of law. What thing is it to really rule of law? Why will we rule of law? What kind do we need to rule of law? The question is sharp , answers should be diversified . The square sage , jurist in the midwest have explored this question diligently . However,And to us, we want question that put forward why does it rule by law possible, what we want to solve is the legal realistic problem of China, what our research is probed into is the foundation of the general meaning ruled of law, namely it is a foundation in the governance of a law to rule of law. What is the foundation that the law rules on earth? Governance of law why be possible? Why should we let the law rule us? What kind of law should we choose? It is the question that we explore. The research of our proposition was launched around this question. We think , it is the legitimacy question of the law that the ones that answer question of the above sum up some.The Legitimacy of law, include a formal one getting proper, procedure getting proper already, should implicit identification with inherent rational value of the law also, namely the identification with rationality of the law. It is the course from construction of the theory to application of practising that our research enters the way. The article is divided into two chapters, chapter one is the study on basic problem of legitimacy of the law, chapter two legitimacy and the studying of several realistic problems of the Chinese society ruled of law of the law. In chapter one, we begin from the legitimacy interpretation of the law at first, criticize studying deeply in study on legal problem and concept of the western law, thus draw oneself the legitimacy to the law realizes. Afterwards, legitimacy and relevant law science category in law in differentiating and analyse , clarify legitimacy and rationality of law of law , shut morals walking , proper relation, have excavate the social base of the legitimacy of the law, has probed into the essence of the legitimacy of the law deeply, have studied the standard of legitimacy appraisal on the law, the condition of the acquisition legitimacy of the analytic approach. It is a foundation that such a train of thought is studied, it is deep too, announce the appearance of the legitimacy of the law. In chapter two, we have faced our ruling by law straightly, have faced our legal question straightly, have analysed the legal impact on legitimacy of the law of question that we meet at present, and has made preliminary studying to the way to dispel legitimacy question of the law. In this chapter, we only launch around legitimacy and democratic politics , legal authority and legal faith of the law. But the legal realistic problem which we respond, is the legitimacy question reflecting the law more deeply even more.