The Traditional Resources Of Rule By Law And Modernization Of Rule By Law

The thesis on modernization of rule by law is always hot. As long as one countryupdates and develops her law, what she faces are the problems of modernization of ruleby law. As one of developing countries, in order to ensure the orders of economy、politics、culture and the society, especially after the meetings of the seventeenth people’sreputation in which the “rule by law” has been contained into the constitution, there is notime for our country to stop the contribution of nomocratic society. In the process when wemodernize the rule by law, we tend to utilize the ways of legal transplant to modernize ourrule by law. At the same time,we have to deal with the question on the generality andspecificity of rule by law----how to do with the contradictions between the traditionalresources of rule by law and the modernization of rule by law. To our regret, reading allkinds of means, no matter the magazines or the academic books, they only keep an eye onthe modernization of rule of law but not to emphasize the modern spirits of rule by law. Inother words, they only notice the prosperous developments of western exterior legalsystem, and keep an eye on legal system theories, so that we can realize our modernizationof rule by law. This one-sided opinions without emphasizing the modernization of ruleby law, not only will they make us lose our research directions, but they will block ourmodernization of rule by law. Our contributions on rule by law not only should weconsider the exterior legal system, but also we ought to dig the depth of rule by law and wecan not only appreciate and copy the foreign legal systems. According to this aim, analysethe meanings of traditional resources of rule by law and modernization of rule by law;explain the reasons why their contradicts takes place、the contrary form and theconsequences. By the means of expressing the steps of solving the problems, hope to findthe concrete methods on how to mix them. basis on this,come up with the newconcept—innovation of rule by law. only should we keep an eye on innovation of rule bylaw with the basis of legal inherits and legal transplants can we realize our rapiddevelopments of modernization of rule by law. And only in this way can we solve thisproblems. Because the topic about innovations of rule by law fit the spirits of our rule bylaw, besides, it also fit the modern requirements of rule by law economy、rule by lawpolitics and rule by law culture. As long as we stress the importance of modernization ofrule by law, its levels can be developed quickly at the same paces with times. At last butnot least, hope this can enrich our national academic theories and contribute myself to thedevelopments of our modernization of rule by law.