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Enterprise Of The Rule Of Law Culture Research

Posted on:2013-12-27Degree:MasterType:Thesis
Country:ChinaCandidate:P ZhangFull Text:PDF
GTID:2246330395973120Subject:Science of Law
Abstract/Summary:PDF Full Text Request
The society does not have a common definition of the rule of law, but we bothrecognize that culture of the rule of law contains Montesquieu’s "spirit of the law",and Savigny’s "national spirit", and Berman’s "legal traditions". In the culture of therule of law, the law was an important part of the culture. As the United States JusticeHolmes said, that humans in the political, economic, religious and moral conflict,finally to be resolved through legal system. At the same time, cultural properties todetermine the properties of the rule of law, to some extent, the rule of law is themirror of culture.China’s reform and opening up and the wave of globalization of the law in the20th century, the legal construction of Chinese enterprises presented unprecedentedchallenges. When it came into21st century, Chinese enterprises become an importantforce in the international economic and trade, that switches legal construction intolegal culture construction. The legal system in the enterprise has become a kind ofculture, the production follows administrative order has transferred to independentproduction, market trading, reasonable profit, and the concept of the development ofpolitical parties. When the country has completed the system in enterprise’sestablishing、producing、trading、eliminating the internal rule of the enterprise alsogoes well. The equal status、reliable trade and protection of the interest betweendifferent enterprises and relatively major subjects make the legal construction ofenterprises becomes legal culture construction. This culture can affect theperformance of the enterprise in the enterprise organizational structure, systems,concepts, conduct of operations, etc., to integrate with other enterprise culture spiritand leads the development of enterprises.This article is going to organize the enterprise culture, from the systemarrangements、the performance of awareness、social relationship and externalimage,in order to understand the outside illustration of the culture. In the market economy and foreign trade, enterprise culture of the rule of law to system for carriers,oriented by the Western concept of the rule of law, in dealing with external businessactivities, internal production activities are gradually from the administrative thinkingdevelopment of rule of law thinking. Essence of the culture of the rule of law, equality,honesty, equity, credit and other ideas with the development of market economy, therule of universal to promote and guide the development of enterprise culture of therule of law and ensure an orderly economic society running under the overallframework of the rule of law.Study on Enterprise cultural construction of rule of law, not only to examine itsexternal appearance, more visible through the performance of its internal conflicts.The culture of the rule of law comes from the West. Western companies is based onthe system of constitutional democracy, while China "the autocrat of the people, thisis no concept of equality". In the context of such a culture, Chinese companies willinevitably exist in the cultural construction of the rule of law, experiencing theconflict of Western cultural values, the conflict of the different understanding of therule of law, and the conflict of the inherent of the rule of law. These conflicts,including conflict between corporate profits and the rule consciousness, innovationand comply with the conflict of laws, habits and culture of conflict, development andmaintenance of the rule of law. This article attempts to find causes of those conflictsthrough the enterprise’s performance in these conflicts.Enterprise legal culture is part of the culture of society. Therefore, significanceof research on enterprise culture of the rule of law is not only at the enterprise level.This article explores enterprises as the basic unit of society, the enterprise’sconstruction of rule of law will be how to promote the construction of rule of law inthe community as a whole, how to restrict government administration according tolaw, and as an important force for social harmony and progress. It should be notedthat China’s market economy is to come from the traditional feudal economy,construction of enterprise culture of rule of law in favor of the introduction of thebasic concepts of the rule of law, production and trading of people’s lives, to improvethe overall legal environment has a positive significance of the whole society. Meanwhile, dissemination of the culture of the rule of law will also help thegovernment in the social development process; continually look at the relationshipbetween the government and enterprises, to make our government put more restraintEnterprise behavior by means of markets and the rule of law, the promotion ofeconomic development, rather than simply by administrative means. This articleconcludes that to build construction of enterprise culture of rule of law both underinstitution-building and dissemination of ideologies could have a positive effect onthe construction of harmonious society.
Keywords/Search Tags:enterprise, cultural, the rule of law
PDF Full Text Request
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