The Existing Form Of Rights And Obligations Under The Rule Of Law Perspective Transformation

The relation of right and duty falls into four specific forms, namely, natural right and duty, customary right and duty, legal right and duty, and actual right and duty. The transformation from the first form to the last also embodies the realization of the rule of law. In respect of the rule of law, the four steps in the transformation are legislation; enforcement of law, which includes enforcement, judicature, observance of law, and judicial supervision; recuperation of law enforcement. Macro-conditions required in the transformation are market economy, democratic politics, and rational cultural. While, micro-condition needed is that the transformation from one step to another must not be hindered. Now in China, the major problem in the right—duty transformation is that there is too much hindrance in the process. Historically, this is due to the fact that China is traditionally a morality—oriented country in which reason was greatly underdeveloped, and society has long been ruled under autarchy. The way of eradicating these problems is to foster a culture of reason and to establish an independent system. The combination of the two is systematic rationality.