On The Chinese Government Led The Modernization Of The Law

At present, the theory of legal modernization has developed into the most widely used and relatively mature theoretical tool for explanation of legal change in China. The division of the public-led-type and government-led-type is to solve the problem.of which part dominate legal modernization.The core is the role, status and relationship between the public and the government. The western modernization of law attributed to new strength, new factors of the society. In contrast, the government-led-type means a country's legal modernization movement is started and promoted by the government, and the aim of law is designed by the guidance of the government's objective, and it is a top-down man-made process. The Process and its objectives are completed by use of local political resources of government. As for the government-led-type, the leading role of government and the guiding role of the social elite have a great effect; they use the manner of legal transplantation and stress the tool value of laws.Chinese modernization of law is rooted in Chinese social characteristics since the legal reform of late Qing along with the national social practice and the dream of a strong country for one century. We had to admit that this ambitious project of modernization of the law can not be done overnight. Therefore, the practices of the legal changes confront the lack of time, take economic catch-up under political stability as the core and cause more conflicts by legal transplant.I think, the government-led-type legal modernization has many advantages and has achieved obvious results in the process of building the rule of law. But many contradictions it implied put forward great challenge to Chinese modernization. To solve these problems, the author believes that in the current and future reform practice, at the same time of political authority establishment, we should strengthen the government responsibility, pay full attention to the significance and role of civil society. In the process of transplantation of western legal system and technology, we should grasp the complex, arduous and long-term nature of Chinese rule of law to make the transplanted western laws truly into the native, relieve or resolve the differences between the law and informal system, establish a good interaction relations between the political state and civil society and jointly promote Chinese legal modernization.