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The Study Of Folk Law Issues In The Process Of China’s Running The State According To Law

Posted on:2013-01-19Degree:MasterType:Thesis
Country:ChinaCandidate:H X WenFull Text:PDF
GTID:2246330392960009Subject:Basic principles of Marxism
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After the establishment of People’s Republic of China, new socialist country graduallybeen established by overturning the old system. From then on China has entered a new era. Theidea of “abolish the ancient regime and establish the new” has become the mainstream ofChinese social consciousness and political enthusiasm. China imitated the Soviet mode inpolitical, economic, cultural and legal field to construct a high concentrated socialistic building.In order to construct the new country, political state centralized all power resources. New Chinaformed the relatively single social governance mode and gradually neglected and negated theexistence of private rights (individual rights) just because of the collectivism philosophy.Based on the reflection and experience summarization of30years’ socialist construction,the process of China’s development and construction gradually returning to the rational after thereform and opening up. China’s planned economy system has gradually transformed to themarket economic system, collectivism interests have gradually given consideration to theindividual interests, and social governance structure has gradually transformed fromsimplification management structure to scientific and reasonable management structure. China’slegal system has been improving, and the progress of rule by law has been acceleratinggradually. In the process of social governance and democratic nomocracy construction, thefundamental shift of collectivism-based thoughts made the political state focused on the masssociety and its individual interests. The individual rights and liberty were regulated by thestatutory laws such as the nation’s fundamental law (the Constitution) and laws of the localdepartment (the Civil Law), so the individual rights gradually recognized and guaranteed by thepolitical state. In this context, the compilation and publication of the Civil Code, reasonablesocial governance structure and the appealing to establish laws to restrict the rights of localdepartments became the important motivation in the process of governing the country by law.In recent years, the lag of the reform of the political system and the unitary of socialgovernance structure has become the obstacles in the process of China’s running the stateaccording to law. Now integrity deficiencies, social governance disorder, and law system failurebecame the influential factors that impact the structural contradiction of China’s socialgovernance. Seen from the advanced countries’ management idea, scientific and reasonablebinary governance structure (political state and civil society) is an important basis of effective social governance. After reviewing and introspecting contemporary Chinese social governance,this paper elicits the existing anomie factors: public power of political state is so powerful thatit squeezes the space of mass society, the recessive and unbalanced binary governance structure,national law system has not formed a reasonable path to fuse folk laws, Civil Code system hasnot formed, the anomie of the mass society’s norm, the subject consciousness and rightsconsciousness of mass society’s members has not become the mainstream consciousness of themass society’s governance and so on. This research takes all these influential factors as thestarting point.Based on the above background and the present situation, this paper starts with the binarygovernance structure, the basic idea of establish laws to autonomy and research status at homeand abroad, trying to identify the form and its carrier of Chinese folk laws, define the normalform of Chinese folk laws and find out the practical way and mode of Chinese folk laws in theprocess of China’s running the state according to law throughout digging local resources intraditional social governance mode. These modes and practical ways are:(1) to cultivate thebasic idea of mass society autonomy;(2) to identify and explain the norm of Chinese masssociety, select the path to practice mass society norm;(3) to resume native resources andoptimize the binary governance structure;(4) to construct the academic framework of fusingChinese mass society norm and active private law system. Combined with the research findings,this paper tries to deal with the problems of how to improve social governance’s paradoxformed by “stable as the first priority” thought and give full play to the regulative effect causedby mass society norm in the process of social governance.The study of Chinese folk law mainly relies on seeking thoughts and methods of Chinesesocial autonomy. Abundant resources in traditional social governance are enough to improveChina’s social government structure. The legal civilization objectively requires a border andboundaries between political state and mass society, realizes basic social autonomy in the fieldof social scope, and guarantees the behavior of establishing laws and rights by the members ofmass society freely, equally and independently. Moreover, the legal civilization objectivelyrequires perfecting China’s civil law system, optimizing and realizing effective binary socialgovernance structure.
Keywords/Search Tags:rule by law, folk law, mass society, social governance, mass society autonomy
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