Study Of Essence And Relation On Rule Of Law And Governing State By Law

"Govern state by law, and build a social state ruled by law" is not only a practical prolem, but also a theoretical one as a basic principle of our country. There can be deviations in the process of practice without correct recognition and theoretical guidance, so the principle won't do without theoretical exploration during the process of applying.Rule of law is not equal with the meaning of governing state by law, nor is a nation ruled by law equal to society ruled by law, no more to say a nation equal to society. There is internal relation between the former two notions, as well as instinct distinction. Rule of law contains the meaning of ruling state by law. The former is basis of the latter, while the latter is significant content and centerpiece of the former. Although both of them emphasize on the law being the. supreme and the people being sovereign, they have different targets, domain and contents. The former is earlier, has wider territory, more targets and wider content than the latter, what's more they have different essence, purpose, request, essentiality and sense. It's new exploration of an old problem to study various essence and relation between them, but its significant theoretical meaning and academic value undoubtedly, as well as its more valuable significance of practice for us to apply our basic principle thoroughly.In the paper, the author gives all-sided elaboration on essence and relation between rule of law and governing state by law through vertical development, horizontal comparision and logical analysis according to the law, with means of comparing analysis, literature retrieve, deductive inference, linking the theory with practice, dialectic meterialism and historical meterialism in research. The paper in the total is divided into four parts: The first part explains the conception of rule by law and its essence, and elaborates the essence of this notion is a various unity of distinction through roundup of this notion in viewpoint of western scholars and Chinese scholars, analyze distinction between rule of law and legal system, modern and ancient ways to rule by law, as well as the principle we should obey in definition the essence of rule by law. The second part analyzes "governing state by law" and its essence. It explains the notion through roundup, then points out that the essence of governing the state by law is to rule the state according to the constitution which should be supreme, to rule the authority and administer according to the law. The third part gives new study on relation between rule of law and governing state by law through analyzing their connection and distinction. The four part elaborates the theoretical and practical significance of the distinguish between rule of law and ruling state by law.