Under The Rule Of Law, The State And Society Relations Perspective

The rule of law has already become common understanding in the research of law and an objective of Chinese Communist Party while it has not been a popular topic in the academic research and in the practice .The chaos calmed down, we find that the rule of law has already been a political word and the ornament of some power holders when we look back on the construction of the rule of law in china .It has been realized that the demonstrations and appeals of jurists have been far effective from the speechers and writter instructions of some politicians .Furthermore, it can not be denied that the construction of the rule of law cannot be apart from the power of country , so some persons have placed great hopes on the country for the realization of the rule of law . However, one of the important objectives of the rule of law is to restrict the power of country by the power of law. Therefore, it is implied that 'awkwardness about country' is in the construction of the rule of law, which we must find ways out of country to solve it. So the writer introduces the society into the' awkwardness about country' in order to ponder it in the perspective of the relationship between country and society.In the first part, the writer points out the 'awkwardness about country', introduces the perspective of the relationship between country and society, and stipulates some fundamental concepts.In the second part, the writer briefly and historically observes the development of the rule of law in the western society in the perspective of the relationship between country and society. Through the observation, the writer recognizes that the adjustment of the relationship between country and society results in the generation of the rule of law in the western society, and avoids the appearance of 'awkwardness about country' in the western society which has existed in the construction of the rule of law in China today.In the third part, the writer analyzes the relation between country and society in ancient China and contemporary China and concludes that one of important reasons why the rule of law didn't appear in the history of China is the unbalanced relationship between country and society.In the forth part, the writer analyzes the change of relationship between country and society since the People's Republic of China has been established. In the analysis of the period before the adoption of the policy of reforming and opening, the writer demonstrates that the reason why the rule of law in China was demonstrates that the reason why the rule of law in China was impeded was the existence of the country which administrated everything in the society. After the adoption of the policy of reforming and opening, the change of every system in the country has made the authority of country impaired, but the country is still the dominant power in the development of China, so the rule of law is one of the responsibilities of the country, thus, the 'awkwardness about country' comes into being. To resolve the problem, we are required to guarantee the authority of the country, and in the meantime to develope the society independently.