Rule Of Law: A Contemplation Of The Interactions Between Governments And People

Rule of law is the key routine of our socialism political improvement,however, in the current situation of development of “rule of law”, there aremany confusions and issues that force us to reasonably overlook at thecoordinating with conditions between the construction of “rule of law” andour nation’s social reality. As the most excellent and oldest politicalinstitutional ideal, its general authority-“everything complies to the rule oflaw” that is concluded by “rule of law” is the fundamental ideal aspirationthat modern country and society take the step for constitutional developingway, besides ruling of law is realistic appearance outside of the concepts of“rule of law”.“Rule of law” isn’t only the result of “ruling of law”, but alsoits final state. On the prospect of administration, the social universality oflaw is fundamentally reflected through the regular interactions betweengovernments and people. Whether governments and people can both obeyand protest laws under the idea of “no difference, no privilege” will be thekey to accelerate lawfulness and finally realize “rule of law”. Through thecontinual pursuit of “rule of law”, the interactions between governmentsand people revoke our profound introspection.Political thinkers from home and aboard, ancient and now, all havetheir elaborate ideas and opinions on “rule of law”. From the times ofancient Greece Plato and his student Aristotle, the west knowledge of “ruleof law” reaches to “generality of law application” level. Besides, Socrates’sdeath for “rule of law” which he defended by his life made deep differenceon Aristotle’s political thought. Thus, Aristotle at last deepened the theoryof “rule of law”, and cautiously made a definition for “rule of law”:“itmeans the laws that contain all goods can be advocated and respected by allthe society”. And later the concepts of “rule of law” were developed byancient Rome politicians like Cicero, which also involve “the restriction of public power and sole feeling factors”. At the latest era, many politicians,such as Lock, Hobs, Montesquieu, Jefferson make great effort to expand itsconcepts, and “rule of law” now concretely become a realistic institutionalof “check and balance” that sill lead the oldest capitalism nations’ politicdevelopment. Our “rule of law” theory formed rudiment from Chunqiu andZhanguo times, after the endeavor and practice of Guanzi, Shendao andShangyang when the legalist school came to existence, had turned intoinstrumental theory of “rule of law” containing law, power, and situationsby Hanfeizi when emperor Qin shihuang was about to unify china. Astraditional legalist school could not well deal with the relationship betweenmonarch and law by institutional design, absolutism later graduallyextended and Confucianists had made great damage on universality of “ruleof law”. At last our “rule by law” all collapsed in traditional constitutionalframe of the last Qing dynasty. When the country was trapped in nationaldisorder, disrupted foreign aggression, and continual domestic trouble,people had to put their eyesight to the west.“Rule of law” had beenrecognized to be the only medicine to remedy the nation at that time. Themodern political ideologist like Liang qichao made no effort to study andintroduce the theory of “rule of law” for people, but cannot yet change thesituation of warlords’ separatism, foreign powers’ invasion, socialprosperity that was depicted as “people’s nation get nothing but the name”when the Qing dynasty was fell off by its people.If the failure of the political effort of stubborn Qing government afteropium war and corrupt government of republic china established atrevolution of1911was due to be lack of strong centralization base,naturally the people’s republican found in1949after our Party’s28hardrevolutionary struggle would be the best period when Chinese put “rule oflaw” again on the politic developing agenda. Besides, it’s also logicalstarting point to reach the ideal of developing our “rule of law” that weselect three ranks of sixty years after founded (the founded period, theculture revolution period, the reformation period). When the new china wasfounded, the increasing passion of people endorsing Party and her government prompted the development of our socialism legal system underthe mode of nation leading society. When the time moved to the culturerevolution period, people started to get the illusion of political participationin the social lager-scale mass movement and failed to realize that under themode of elite leading society people-government interactions drove bothpeople and governments into the conflicts and contradictions which caused10years of the country’s chaos. The3rdmeeting of the Party’s11thcommittee opened the prologue for the reformation times, the goodtreatment of the relationship of nation-society prompted the interactionsbetween people and government developing into theincomplete-nation-leading-social mode when the socialisticmarket-oriented economy was established and national constitutional basewas gradually developing. However, the faith lost left by culture revolutionperiod pushed the society nowadays to the edge of utility and apathy. SoAmerican jurist Berman profoundly pointed out，“rule of law without faithwill turn to crazy”.On the prospect of system, the interaction of G-P could be analyzed tobe a model of “ruling of law” that contains subjects (government andpeople), objects (admistraiton implement， admistraiton legislation，admistraiton jurisdiction), environment (a legal base coordinating laws andhabits) and ways (institutional or non-institutional) firmly. Besides, theregularized model of G-P interactions should need power, standard,interest-the three basic factors to march its realistic motion. In sum, wefind the G-P interactions in fact related firmly with “ruling of law” andfinally prompt the final target of “rule of law” to realize.Furthermore, to avoid concluding blindly, we at last discreetly raise afundamental routine and measures to prompt our “rule of law” based on thefocus of the experience of European, U.S.A. and some countries from EastAsia. The essay finally get a conclusion like this, without neglecting thereality, we should take a basic routine, namely, unity of law base, theinstitutionalizations of government, society, and G-P interactions. And wealso adopt four measures including improvement of legislation system, transformation of administration institutional frame and autonomy ofjurisdiction system to realize the final tragic goal of “rule of law”. At last,we sincerely hope china could make its “rule of law” come true and finallyreach another powerful time.