On The Rule Of Law And Civil Society

The basis of the rule of law is the civil society. It was the movements of the civil society of west Europe in the Middle Ages that led to the formation of the rule of law in the West. The modern inspiring thinkers attached an independent quality and life from political state to the civil society through their social-contract theory. The Marxist jurisprudence holds the view that state, law and their developments depend on the civil society. In china's progress towards the rule of law today, a comparative independent civil society is forming and growing.The independent and self-rule civil society have an important functions on formation of the rule of law. The market economy, which is the economic form of the civil society, enhance reason-oriented developments in formality of legal system and also the spirit of the rule of law: freedom and equality. The rights of civil society will hold on and keep balance with the state power.The types of government-driven and society-evolved roads towards the rule of law have both advantages and disadvantages. According to the Marxist theory related to the functions of state and society in legal developments, our country's road towards the rule of law should be bilateral movements between state and society. The state should play an active role hi encouraging the development of the civil society by revising private laws, fueling self-rule organizations and promoting legal occupation.