Civil Disobedience From The Perspective Of Rule Of Law

Civil disobedience is a theory originated in the west. Many western scholars regarded it as a means of correcting errors of law and a non-legal form of stable constitutional system in democratic society. Civil disobedience has been valued greatly by western political experts and law experts, based on the theoretical and practical significance to the construction of the rule of law. So far western scholars are still interested in the research of civil disobedience. In recent years, as the construction of the rule of law deep-going, the right consciousness of our citizens has been gradually raised. People have begun to use legal weapons to defend their rights, safeguard their interests and search for the basis to fight against the violation to their own interests from the Constitution. By contrast, civil disobedience has emerged and resisted administrative decrees and policies publicly in our country. Although some scholars are concerned with civil disobedience in our country during recent years, yet none of them has made complete and systematical research. This article attempts to base the analysis of Chinese civil disobedience emerging in recent years on western theory, and research further on our civil disobedience problem. The full text is divided into three parts:Part I: The theoretical explanation to the concept of civil disobedience. Civil disobedience is a mass, non-violent, and ultimately punished public disobedient behavior, it resorts to the conscience and sense of justice of the community and compels the government to amend or revoke unjust laws or policies in order to achieve the rule of law and social justice. Civil disobedience is a disobedient behavior, but it regards social justice as an objective. It is mass, non-violent and public, so civil disobedience differs from general disobedience. It also differs from the violent revolution ultimately...