The Study On 'ShanZhai Phenomenon' And Its Implication Of The Rule Of Law

This thesis is divided into the following six parts:The first part of the problem is to be proposed, by distinguishing two types of'ShanZhai Phenomenon': one category is characterized by violations of intellectual property piracy; the other is reflected in imitation, entertainment, the main features of the civilians involved in culture, grass-roots culture, popular culture, irony and cultural.Then in the second part of non-infringement'ShanZhai Phenomenon'of the substance,and its positive Significance. One of the basic principles of rule of law, but'autonomy principle'in all areas of social life throughout the extensive, profound way, and legal rights, human rights and social rights as basic elements of rule of law must also reflect the'autonomy principle', combined with the personal dimension of the rule of law, social dimension and the national dimension of'ShanZhai Phenomenon'the rule of law that may have significance.In the third part to'ShanZhai Phenomenon'and the relationship between the legal rights of the perspective of one aspect of a combination of legal rights, through the'ShanZhai Phenomenon'and the legal rights of the interaction between operating mechanism to discuss the'ShanZhai Phenomenon'for the right to protection exercise the right to possess positive. Law as a dimension of our lives, our lives constitute the field, it requires the participation of people; legal rights as a human way to achieve certain benefits, it also requires people's active practice.'ShanZhai Phenomenon'is the right diversification and the combination of the right to exercise universal. I see the law as garden, the gardener it is people, both individual and human; both ancient as well as people today, more then one. With people, with the participation of people, we can talk about legal rights, to talk about the rule of law.'ShanZhai Phenomenon'not only represents a participation, the spirit of initiative, provides us with an opportunity, therefore, it is our legal right to exercise, practice the rule of law in a way.Part IV of this article I intend to human rights as a carrier for the two, that'ShanZhai Phenomenon'and the link between human rights.'ShanZhai Phenomenon'is not only the content of expressions of human rights is the way to achieve human rights.'Shanzhai Phenomenon'is a positive role, its expression is freedom of expression, or a real and fair expression of human rights, but also a positive, proactive path of human rights practice.'Shanzhai phenomenon'that is kept as a social reality, this is an indisputable fact. We can not categorically deny that he is reasonable, blindly suppressed, belittled and excluded; not uncritical support, praise and encouragement. As a new social phenomenon, if we can be objective and neutral treatment of it is valuable. Here, I merely suggested that We can use the'ShanZhai Phenomenon'and participate it. Through the'ShanZhai Phenomenon'and its underlying network resources, and guide our concept of human rights, human rights-faith, human rights-common sense, and human rights-traditional form. We need to do is to'persuade'and'profit guidance', but certainly not indoctrination, and spoon, and we must not own as the absolute authority and divine standards. We can do is to shouw the various options, interests, causes and effects, etc. related to the situation displayed in front of the people, let people according to their own values, habits, ideals, etc. to choose their own situation. This is the most fundamental way to the realization of human rights the - to achieve one's own choice; this is the positive meaning of'ShanZhai Phenomenon'- expression of people's self-selective.The fifth part I discuss the relationship between'ShanZhai Phenomenon'and the social power. We carried out the key of the rule of law is, in all areas of daily life, as comprehensively as possible, always implement the'principle of autonomy'. However, the primary threat toward'autonomy principle'comes not from society itself, but from the country, the national power system using a powerful social self-destruction. In view of this, we must respond, the important aspect is to use the'social power check and balance the state power.''The use of social power to check and balance the state power'is mainly depend on three aspects:1 is the separation of powers,2 is the participation of powers,3 is monitoring powers. The three essential elements of social power are:enjoyment of human rights and civil rights of social subjects; the main body of social power must have a certain social resources; social power must have on society and the state's influence and power . Through'ShanZhai Phenomenon'can trace to their footprint. First, the'ShanZhai Phenomenon'as reflected in participation, the autonomy of human subjectivity will undoubtedly build positive. Second, the'ShanZhai Phenomenon'of participants and the fans who collected a large quantity of social resources, these social resources constitute the main source of social power and an important cornerstone. Again,'ShanZhai Phenomenon'has been formed on the country's different degrees of influence and dominance.'ShanZhai Phenomenon'can play in social life self-management, self-service, self-development of important functions, members of the community to develop more diversified areas of activities, shows members of society a high degree of autonomy and democratic spirit, and can to some extent get rid of'bureaucratic'control, people did not become a vassal system.Part VI for the end of this article, the modern rule of law in the face of the closed and open, within the letter and the external force, determine and impermanence, universal and special offers, rules and facts and a series of internal conflict, as citizens of our machine big industrial age, how can the network time is not a strong state apparatus, a large economic entities such as the strong forces of social marginalization is an urgent need to solve the problem. Modern society has led to a single community of strangers main lack of identity, sense of belonging, social evaluation criteria tend to be the amount of money and power for the number of the combination of the vulgar, aesthetic, artistic, moral, philosophical pursuit was'natural selection','survival of the fittest'in the law of the jungle completely suppressed. So this part of my main through the Community law and'shanzhai phenomenon'and looking forward to the future development of China's rule of law, an aspect of hope'ShanZhai Phenomenon'can be a voluntary union, and road pass the plan, the multiple parallel voluntary community carrier, thus weakening the modern industrial society gave rise to anxiety and uncertainty, make the law more responsive to the diverse needs of society, a more fundamental human needs are specific to the rule of law as'a me'rule of law, the sacred the rule of law, so that we can simply believe the rule of law.