The Practical Circumstances Foundation Of Law Order

Marx Weber tried to answer a question;"Why the rule of law only appears in Europe while China can't produce it?"It is called "Weber-type problem" by Liang Zhiping. Unger was deeply impacted by Weber on the research style. He focused on such a question; there are many commences between the unity of emperor and politics in China and appearances of nation-countries in western countries, but the legal systems are different. To Unger, China's historical experience has the only meaning of typical in his theoretical system of legal order of society .But to correspond it ,Unger established conceptual framework of analysis-law and social relations. This analysis method created basic conditions for the comparison and mutual understanding for law-systems and culture. While Unger answered the question of the reason of China's failure of the rule of law, he mainly attributed to two points, one is religious spirit, the other is social organization. On the basis of this, he proposed many views in the course of analysis and description of Chinese history, such as ceremony to be a spontaneous order .Though the viewpoints deserved to be discussed, we should admit that Unger's discussion found the main problem on China's development of the rule of law.As a pioneer of critical law and a spiritual leader, Unger's theory on the rule of law had a feature of critical, clear and insightful. Unger looked the law as a code system that can interpret the deep secret of the way of people's unity in society. He always insisted on investigating law on the background of social theory. He criticized logicality and causality and stressed the indivisibility between belief culture and organizational system. Therefore, he committed to the reconstruction of social theory and reform of social system through the change of law system, what is the biggest characteristic of Unger's thought. Unger's criticism on internal contradictions of liberal society and interpretation of crisis in the rule of law in"law in modern society", was not denying the value of the rule of law, but reconstructing the ideal of the rule of law to promote development of law and society. His incisive criticism ,not only made us reflect the collisions between traditional thought and social and legal conditions ,but also reminded us examining the crisis of liberal society, which is a problem china will face early or late in the process of the rule of law. In practice, china's current behavior is not determined by historical experience in the past, but also including"real future"problem. Therefore, we should have a timing view for recognizing and understanding the rule of law, and think about how to build and improve the rule of law.