As The Basis Of The Rule Of Law Social Civilization Conditions

As the condition of social civilization, the foundation of law in Pound’s sociological jurisprudence and his social control theory and the theory is closely related to the interests, so to speak,"the condition of social civilization" theory is the starting point of the social control theory, and measure the value of the social interest. First of all, the people living in a civilized society, must be able to make sure others do not mean to infringe upon their personal rights and property rights. Second, people living in a civilized society, based on considerations of benefit, must ensure that they are able to control what they found and it can possess and use, can control the things they use their labor to create, and can be controlled under the existing social and economic order. Third, people living in a civilized society, must be able to ensure that in the process of social interactions with others, the behavior of others would be full of goodwill, we will will fulfill his promise to others, or with reasonable behavior of the other holds the attitude of reasonable expectation. According to social community moral feelings attached to fulfill their responsibilities to others holding the attitude of reasonable expectation. Will return the improper benefit or to gain improper benefit compensate, if because of their mistake failed to foresee before trading or other failed to foresee, to suffer, to benefit others as long as the benefit is not reasonable expectations, in the actual situation, it shall be returned or compensated. Fourth, people living in a civilized society, must be able to ensure that in the process of behavior will fulfill the duty of proper attention to what you say, avoid because of their behaviour on others is not reasonable. Fifth, people living in a civilized society, for those who own property or hire agent, although this property or agent in the range of their own there is no harm, but in under the condition of normal use or other activity within the harmful to others, or used beyond their normal range of internal tendency, must be able to ensure that the property or represented by a control in a reasonable range.Analysis by Pound’s theory of "the condition of social civilization", the theory of the right references and basic system of private law has a high degree of fit, and it also has consistency with our country market economy condition. The rule of law is the premise of the market economy production, which inevitably need basic system of private law as support. Pound’s theory of "the condition of social civilization" that is well incorporated both of the two parts, at the same time, the intrinsic spirit of private law in its theory, the concept of private rights in the value of the rule of law level, also occupies the core position as an integral part of the rule of law in our country. In a word, study with Pound’s theory of "the condition of social civilization" has an important reference value for the rule of law construction of our country.