China's Social Transformation And The Legal Functions Of The Postmodern Turn

The function of law is diversified as it varies in purpose, scope and mode of law use in different society and times. It can be classified as the function of formulization and social function according to the objects it works on. The social function of law is a more complicated and significant issue compared with its function of formulization. This paper probes into the two aims, maintaining the state rule and governing public affairs, in its social function of law.In correspondence with the three major types of human history, law can be categorized into the three following types: the law on the basis of mutual dependence among men, the law on the basis of man's dependence on objects and the law on the basis of the free development of man. The major function of the first type of law lies in its political function, while the function of the second type of law is embodied in its social function and the social economic function in particular. The mode changing of society is both a trend and an inherent need for social development. Society changes in time from the traditional type to the modern one through the natural evolution of itself. Profound changes have taken place in China since its carrying-out of the opening and reform policy. It presents itself in five major aspects. As for the change of law with society, it can be seen in the legalization of society on the one hand and socialization of law on the other. The function of law is surely changing from the tradition to a modern one along with the change of society. The other functions of law are paid attention to while in the past only the political function had the privilege. Meanwhile, law is regarded as a tool to realize the complete social control instead of individualized means to settle disputes only.