Habermas' Legal Legitimacy Theory And Its Reflection Of The Rule Of Law In Contemporary Chinese Society

The legality of the law is the legitimacy of the theory of Habermas sub-problems. Legitimacy is a typical value of questioning. In Habermas's theory, the discussion on the legitimacy of the law is significant. The legality of the law is the premise of the theory to discuss the need for demonstrate. It's answer the fundamental problem why we should obey the law. In simple terms, Habermas's theoretical system into the process of certification is based on the exchanges to replace the traditional practice of a rational reason, and generally will be between Pragmatics theory, theory and legal theory to discuss link. In this process, Habermas abstract and the fact that on the scope of normative legal theory as part of its analysis of the basic concept of the scope of this tension between the revealed law to address the issue of legitimacy. And the introduction of the theoretical discussions to reconcile this tension, to address the issue of the validity of the law. As a "Communicative Action" in the legal field extension, Habermas hopes to use "legal negotiation" to provide specifications for the life of the world's standards and procedures for reference. He looked through the dialogue and negotiation in the "public sphere" to get the universal legal consensus. This theory led to his attempt to the legal legitimacy of the rational reconstruction of discourse theory and the introduction of legislative and judicial process. Through the establishment of the legal and judicial consultation model of democracy for the people, "Why should obey the law?", "How to comply with the law," these fundamental issues given the ideal and optimistic answer. However, the establishment of the "basis of negotiations" on the legal legitimacy and the reality gap that exists between, but also along this line has become the starting point to explore. In addition, the "legal legitimacy" is good to the construction of the rule of law in China,and provides a useful reference in several important issues. These issues include:How to use "legal legitimacy" to shape of the Chinese people'"the rule of law"; How to define the relationship between law and power and it's legitimacy; the democratic process and the meaning of "legitimacy".