Chinese Law On The Perspective Of Social Stratification

China now is in a profound social transformation. The change is comprehensive, from the political aspects, the economic aspects to the cultural aspects. Earth-shaking changes have taken place in the material life and spiritual life of society. There is no doubt that these changes will cause a series of social phenomena, including changes in social structures and social class.Law is based on community. Dramatic changes in social structure and stratification will lead to the corresponding changes in the legal order. However, in contemporary China, the changes between the two are not consistent. The normative role and integrated function of law are not reflected. As a result, a large number of social disputes and social contradictions have taken place. Therefore, in order to make up the gap between society and the law, as well as to form a good interactive relationship, the study of the legal order in the perspective of social stratification should be important issues that China law in transition must face and concern.In order to study the relationship between law and society, we must taken the position of the Sociology of Law to look at the law. This position requires us to understand the relationship between law and society through the perspective of social experience. This paper attempts to do a panoramic description for Contemporary Chinese Law from this point of view.The article is divided into five parts. The first part of the article will briefly introduce the concept and related theories of social stratification, and we believe that these concepts define and understand the phenomenon of social stratification from the distribution of social resources and possession of non-equilibrium, so this part stresses that we should conduct a comprehensive considerations of status and impact of social stratification from a dynamic point of view.The second part discuss the relationship between the social stratification and the legal order from the three aspects of the structure, awareness and interests, and considers that the driving force for change and development of the law which is one of the social phenomena lies in the contradictions within the society.The third part of this article briefly describes the status of social stratification in contemporary China, considers the changes from the single subject to the multiple subjects and the changes from the identity relationship to the contractual relationship as two important features of hierarchical development, and considers that the social stratification in China still has serious problems on the aspects of the class structure and class consciousness.The fourth part of the article deal with the law from the perspective of social stratification, the rules, especially the rules of law construct or control the existence of social order, but these rules could only be supported by the people's initiative. Social subjects influence the fulfilling of the integration, coordination and balance function through the legal creation and legal application.The fifth part considers that the function and the objective of the law or other social supervisor mode fundamentally lies to promote the formation of a rational structure of modern class, while reasonably pluralistic structure of social class is also the basic factor for fulfilling the reign of law.In general, the structure and culture are two basic paths to study the social phenomena. Thus, in conclusion part, I will briefly analyze the history and reality of social change from the culture perspective, and consider that only ensuring the development of law, the establishment of law system, the setting of legal value goal to consist with the direction of social change, and the formation of positive interaction between them, can the rule of law which Chinese need be achieved.