Adaptability Of The Law

This article tries to study the adaptability of law from the angle of the four Constitution amending phenomenon from 1982 to 2004.The adaptability of law means, first, law must accurately reflect the social relationship; secondly, law should adapt to the society factors such as the politically, economic and cultural by its own adaptation mechanism. During the rapid social transformation period of China, with fast development and opening up to the outside worldly, the social relations become much more complex, which cause the inadaptability between the law and the society, especially in the area of Constitution. To be the fundamental law, it is important to solve the conflict between the reality and the Constitutional norms. Since the promulgation of the 1982 Constitution, there were four Amendments of the Constitution which were passed in the year of 1988,1993,1999 and 2004. The frequent revision of the Constitution was seen to be a typical example which reflected the interaction between the law and the society appropriately. It is necessary to study whether the Constitution Amending based on the social reality or adapted to the society, and what is the standard to evaluate the adaptability of the law.This article studies by the methods of historical analysis and empirical investigation, in order to show the interaction between the law and the society, the inherent logic of the Constitution amending and the adaptability of law during the process of the legal state building. The article tried to argue vigorously by the logic reasonable things and analysis by fact. The author uses the method by the theoretical analysis and the real diagnosis analysis to launch the research, pays great attention to other subjects particularly Sociology. This article uses lots of sociology research results and statistical data utilization in order to find the Reasonable demonstration.This article is more than 45,000 words, and is divided into three parts include the introduction, the main text and the conclusion.The preface first introduces the origins of this paper, and theoretical foundation. The origins of this paper results in the conflict between the society and the law; The study angle is the phenomenon of the 1982 Constitution's four Amending just because it is fit for the social reality, provide space-time dimensions; The theoretical foundation lines in the interaction theory between the law and the society.the main text include three parts.The first part mainly discusses from the perspective of history in order to find the reasons and background of the four Constitution mending. This part mainly discusses the Act 1, Act 7, Act 13 and Act 24 because they were all first written into the Constitutional. They can briefly reflect the change of the society and the spirit of law, which can seem to be the Logical basis of the Constitution Amending.The second part mainly discusses from the perspective of current constitution in order to analysis the reality of results. This part comes from four aspects which were the development of the individual economy and private economy, the perfection of socialist market economic legislation , the establishment of socialist legal system and the improvement of the human rights protection situation. We can explore the role of the law by inspecting the Constitution Amending social effects. They can seem to be the reality evidence for the study of the interaction between the law and society.The third part mainly discusses from the perspective of theory on the basis of the historical reasons and the reality performance. This section mainly thinking from the following three aspects: First, the Constitution Amending is based on the driving force of economic and social transformation; Secondly, the Constitution Amending is fit for the society which went to the balance of the adaptability and stability; Finally, the inherent logic of the Constitution Amending is unified with the process of the legal state building.At last, the conclusion part points that the legal state is the inevitable development of the modem society tendency. The legal state construction is a gradual process, and the legal state and the protection of human rights are the standards of the adaptability of law. Only when the laws comply with these standards, they adapt to the society.