The Research On The Consciousness Of Rule Of Law

Governing the country by law and building a legal state is the grand object established by Chinese people . Guiding by the said object, we have made a huge progress with the construction of system of law after reform and opening to the outside world in thirty years. However, much phenomena and facts during the construction of a government by law all indicate that we are still confronting a lot of challenges and difficulties and the process of rule of law is slow and winding. One of the root cause is that the citizen as the social subject lack of legal consciousness and the alienation of the consciousness of rule of law. The alienated legal consciousness intrinsically hinders the process of government by law in China. The consciousness of rule of law is part of legal consciousness category, which is a very important issue in modern theory of law, as well as the modernization of the legal system core. Given the consciousness of rule of law as a factor in the concept of reality of the important role in the process of rule of law in China it is necessary to the consciousness of rule of law in-depth analysis and discussion, as a result of forming scientific consciousness of rule of law and promoting the constructing the society of rule of law.The dissertation consists of four parts apart from preface and epilogue.The first part is the summary of the consciousness of rule of law. The Logical order in this part is to discuss the consciousness, legal consciousness and the consciousness of rule of law one by one. The author clarifies the concept of the consciousness of rule of law as the important point in this part. The consciousness of rule of law is part of legal consciousness category, but it has its distinctive characteristics. Secondly, for further understanding the consciousness of the rule of law, the author clarifies the arrangement and structure of the consciousness of rule of law, i.e:legal cognition which belongs to external layer of the consciousness of rule of law; and legal emotion , legal evaluation, the concepts of the consciousness of rule of law, belief in rule of law, which belong to intrinsic layer of the consciousness of the rule of law. Based on the aforesaid material, the author concludes the characteristics of the consciousness of rule of law.The second part is the clarifying of the essence of the consciousness of rule of law. This part is the focal point of the paper and is further clarifying the connotation of the consciousness of rule of law. This paper considers that the spiritual essence of the consciousness of rule of law are the citizen awareness, the rules awareness and the constitutionalism consciousness. Among them, the citizen awareness is the prerequisite for constructing the society of rule of law, should the social subject has no citizen awareness, there will be no society of rule of law. Rules awareness is the key element of the consciousness of rule of law and is the requirement of the rule of law. Rule of law is not only the government handles the public affairs by law, but also the society brings the power under control. As a result of that this paper thinks that the constitutionalism consciousness is the ultimate mental pursuit. Finally, the paper clarifies the conditions of the citizen awareness, the rules awareness and the constitutionalism consciousness in modern society of China.In the third part, the author respectively studies the historical source of the consciousness of rule of law from ancient Greece, ancient Rome, the Middle Age to modern western period and Clarifies matters and get to the bottom of things for the consciousness of rule of law. In the hope of generation and evolution of legal consciousness, the author further analyses the forming rule of the consciousness of rule of law.The fourth part is the functions of the consciousness of rule of law and the way how the consciousness of rule of law generates. This is also the focus of this article. First, from the legislative, judicial and law-abiding three aspects analyzed functions of the consciousness of rule of law, and pointed out that the main negative factors in the current evolution of consciousness of rule of law in modern China. Thus the author concludes that we should eradicate the subject consciousness and the political strategy consciousness and establish the citizen awareness, the rules awareness, and realize the distillation of constitutionalism consciousness from constitution consciousness, in order to realize the good order governed by law and construct the Chinese society governed by law to establish the spiritual foundation.With the aspect of the Sociology of Law, the research methods the author uses in this dissertation are historical analysis, the structure function analysis, comparative analysis and social demonstration analysis. And also by the means of political demonstration analysis, the combination of description and analysis, with the aspect of Political Science, political culture, social culture, the author carrys out the design that China melts In order to achieve the modern rule of analytical and grasp the deep awareness. Thus is helpful to our country citizen standard government by law consciousness cultivation.In this paper, the conclusion is that modern standard government by law consciousness will play a decisive role in the process of rule of law in China. The spiritual connotation of consciousness of rule of law should include (but not only) the citizen awareness of the social subject, this is the basic premise of government by law society; rules awareness of citizen, this is core element of rule of law; and the constitutionalism consciousness, this is the highest level of rule of law. Only deepen the sense of understanding of the rule of law, citizens and the Government has formed a scientific and normative sense of the rule of law and to exert a positive sense, the role and function of the dynamic, from the awareness level to promote the concept of the rule of law in China and thus in order to further promote the substantive government by law in China.