On The Mechanism Of Realization Of Socialist Rule Of Law

Rule of law, as a key feature of modern market economy and democratic politics, is a key practical problem that all nations who are transferring to market economy and democratic politics must solve. In today' s China, with a trend going irreversibly to market economy, to realize the rule of law has become an unavoidable choice. After governing the nation by law and constructing socialist legal system were recorded into the constitution as a basic government strategy, it has become a common consciousness in China. The research on the realizing mechanism of rule of law is an important topic in Jurisprudence, which combines theory and practice together closely. It is also an object requirement of realizing legal idea into reality.This thesis, divided into 3 chapters, discuss the realizing mechanism of rule of law in socialist China. Chapter 1 gives a concept analysis. First, it defines the general concept of the rule of law from its historic development, mainly from the changing process in western theory of rule of law. Then it induces the definition of rule of law and its realizing mechanism from combining researches on the structure and content of rule of law in western capitalist nations and the theory of the jurisprudential circle in China. This chapter intends to build up a scientific conceptual premise.Chapter 2 is the key part of this thesis. The realizing mechanism of rule of law in socialist China includes jurisprudential and social factors. Thus the co - action of the jurisprudential mechanism of rule of law and social mechanism constitutes realizing mechanism of rule of law in socialist China. Jurisprudential mechanism is enforced by the operation procedure of legislative mechanism, law enforcement mechanism, law -abiding mechanism, judical mechanism. The social mechanism influences the realizing of rule of law through the actions of economic, political and cultural factors. The target and result of realizing mechanism of rule of law in socialist China is to construct a well - operated legal order.Chapter 3 analyses the obstacles to the realizing of rule of law through the views of jurisprudential and social mechanisms, and gives 3 corresponding countermeasures to eliminate the obstacles.