A Study On Contemporary Chinese Social Transformation And Legislative Transformation

This text analyzed the legislative transformation of the social transformation from the interactive relation angle between social transformation and law transition. The realization of rule of law is based on the premise of benign law. Rational legislation is the key to the benign law. Chinese society is changing from the traditional pattern to the modern pattern. Market economy is leading to the disintegration of interests and multiplex values. The legislation must embody the interests gaming and the pursuit of values of the different groups in the period of social transformation. In the background, Chinese legislation is transforming that is needed. Legislation is one of the forms of the institutional change. Institutional change is the process of the interest gaming and the process of the common choosing. Common choosing means the citizen has the right to take part in the process of the legislation. Institutional change is planned not only by the single legislative but also the citizens. We must change today close legislative pattern and build new and responsive pattern. Traditional pattern is difficult to satisfy the diversified social requirement, because of depending on single legislative that is limited. It must attach importance to the attending of the different interest groups which is required the institutional route to secure, namely implementing the legislative hearing, constructing and comparing with the platform used to realize the abundant interests contrast, legislative subject is ensure fairness and protection disadvantaged groups of interests of law to get involved actively in line with fair idea of justice. This text divides two parts that are foreword and text. Among them the text has been explained from three respects.The first part mainly analyses the legislative background of the period of Chinese transformation. From the theory that the interaction between legislation transformation and social transformation, the part express old social structure has changed and has formed multi-level social structure with the transformation from planned economic system to marked economic system, the disintegration of interests and multiplex values is expressed in the changes, which and the general plan on administering a country according to law will be embodied the process of the legislation.The second part analyses Chinese current legislation situation in the period of the social transformation. Legislative characters reveals the rationality of the current legislative pattern and the problems of the current legislative.The third part has announced from the value aspect mainly the new-type legislation regarding democracy as their character, and points out building citizen participating system to realize the legislative character which is letting the interest groups express their mind to realize interests gaming. The legislative hearing is a useful route to the citizens to take part in the legislation. Chinese legislative hearing system got lots of experience from the practice and has lots of disadvantages which is required to amend. At the same time, it is important to let the legislative balance the interests in the process of the legislation.