In The Process Of China's Legal Functions Of The Public Spirit Of Contract And Its Implementation

In 1840, western powers invaded China through their forces and opium. After that, China was reduced to a semi-colony and semi-feudal society. Since then, democracy, rule of law and national salvation have become one of aims Chinese people pursue and strive for. However, in this hundred year, China's legal process of modernization of legislation twists and turns. This thesis attempts to analyze the predicaments of modernization of China's rule of law during one hundred year from some aspect, and on the basis of it, the analysis and prospects of China's legal process of modernization of legislation are offered as well.This thesis is divided into three parts:Chapter one reviews a century's legal process of legislation. From transformation of rule of law in the late Qing Dynasty to development of law in Republic of China (1912-1949), then to improvement of today's China's rule of law, the modernization of rule of law regards western rule of law as a model, uses a great amount of western law system as reference, and views national "political reform" as a core. In this process, modernization of rule of law has been guiding by advanced people and stepping up by the government. After founding People's Republic of China, under the guidance of Marxism, China made remarkable achievements in the improvement of rule of law. However, because the citizens have no improvement in legal consciousness and passively participated in legal process of legislation, no real success in the improvement of modernization of rule of law has ever achieved. Since the citizens' contract spirits has closely connected with modern rule of law, it should become a key point for establishing a mass basis for modern rule of law.Chapter two presents the relationship between contract spirits and modern rule of law. A general interpretation of modern rule of law can be reduced to three parts, namely, law superiority, equality of all people before law, and insurance of rights and restriction of authority. Contract spirits is affluent in connotation. If we only analyze it from the perspective of legal connotation of contract spirits, contract spirits is composed of three interrelated components: freedom spirits, equality principle and authority consciousness. There is a close relation between contract spirits and modern rule of law. Contract spirits not only exerts a deep influence on the spirits, system and model of modern rule of law and legal act pattern, but also its "freedom, authority" principle and authority consciousness mould public citizens' minds. The citizens began to accept the concepts of "law superiority, equality of all people before law and...