The Mechanism Of Formation Of The Modern Concept Of Law

The production of the modern idea of rule of law has its intrinsic logic and the mechanism, it is and expands inseparable with the residential society as well as the residential social stratum formation. The production process of modern idea of rule of law passes through from the residential society to the residential social stratum, to the residential spirit, is arriving at the modern idea of rule of law this intrinsic logic again. Along with the commercial city's starting in later stage of the Middle Ages, the residential society gradually forms and expands day by day, the residential social stratum also day by day emerges with expands. In the residential social stratum's daily activity especially the trade activity and in the public affairs participation, the residential spirit forms gradually, which includes, the free and equal spirit, the rational spirit, the consciousness of rule law freely specifically with the citizen consciousness and so on. Because the residential spirit and the energetic essence of the modern idea of rule of law have the intrinsic uniformity, therefore it constituted the modern idea of rule of law energetic essence and sublimates gradually into the modern idea of rule of law. This process is logical and the historical unification. The residential social stratum is not only the residential society's main body, is also the main body foundation of the modern idea of rule of law. Therefore, speaking of immediately China, to build a modernized society rule of law must take the stratum fostering and expanding a resident of a city as basis and prerequisite , that is to change the social stratum structure from the "pyramid type " to "olive type " step by step. But, since China's historical and cultural traditions as well as the economic and social development level, this process still has heavy responsibilities, and the road is distant.