Social Transformation And Of Course, China And France Reasonableness Of

Modern China is in the period of sharp social transformation, an important part of which is transformation from et hical society to rational-legal society. It includes the transformation of law as social ruling means. In this process, the contradictory combination of the rationality and non -rationality of law has drawn the legal circle's attention. This thesis analyses the problem by case of Sun Zhi-gang to study the rationality of modern Chinese law.The rationality of law including substantive rationality and formal rationality is the unity of values and truth and also the unity of the neediness and regularity. Substa ntive rationality has not been fully emphasized compared to formal rationality. This thesis focuses on the substantive rationality of law for better understanding and further discussion. There are two types of substantive rationality of law: the rationalit y of concrete legal institution and the rationality of the whole legal system. It is the rationalization of the concrete legal institution that the rationalization of the agent 's ideas were bred, promoting the rationalization of the whole legal system; it is the rationality of the concrete legal institution that lays the foundation for the rationality of legal system; to some extent, it is the gradual loss of rationality of the concrete legal regulation as the society and circumstances of law operation chan ge that leads the way to the strengthening of the rationality of the whole legal system by amending or revoking the dated laws.There are five chapters in the thesis. The author, in the first chapter, explains the reasons of choosing this subject and the concept of legal rationality. The second chapter introduces the case of Sun Zhi-gang and analyses the incident briefly. The third to fourth chapters are main parts of the thesis. In the third chapter,the author analyses the substantive rationality of law f rom the legal institution, pointing out that the institute experienced systematic change from rational -operation, through alienation, to irrational operation, demonstrating the necessity of the change, and also the necessity of the change of its substantiv e rationality. The fourth chapter, which is divided into two parts, analyses the case from the lawyers ' angle. One part discusses the lawyers ' awkward situation in modern Chinese legal operation. The analysis take the phenomenon of the counsel's less involving in the criminal proceedings, which embody almost all factors that constitute the professional dilemma Chinese lawyers in. The other part, by analyzing the agency in the case of public intellectuals in the legal circle, discusses the Chinese intellectu als' unique position and special obligation in social transformation of modern China. It proves that the position and obligation is modern and also traditional, about knowledge and also about structure. Furthermore, the reflexive that is the primary premis e for maintenance of legal circle intellectuals' independence and influence, has close relationship with the position and obligation of legal circle in social transformation and legal transformation. There is a short conclusion at the end of the thesis, st ressing that law is dependent on society, pointing out the dependence is the cause that substantive reasonableness of law changes in modern Chinese social transformation.