Approach To The Rule Of Law In China Under Urban-rural Dual Structure

Since the16th national congress, under the guidance of scientific concept ofdevelopment, the party center has strengthened the overall planning among therural, urban and regional development, constantly promoted rural modernization.Presently China’s urbanization rate has surpassed50%, displaying a tendency ofurban-rural integration. Moreover, move support has been given to the agriculture,countryside and peasant’s livelihood. With the increase of payment and wealth ofpeasants, most of Chins’ rural areas have witnessed significant changes. Forexample, the rising mobility of rural population has transformed a traditionallyexclusive “acquaintance society” into a “semi-acquaintance society” or “post-ruralsociety”. As people’s knowledge and awareness of law increase, law is moregenerally regarded as a way to resolve conflicts. However, those changes aremerely results of loosening urban-rural dual structure and household registrationsystem. Urban-rural dual structure remains.Urban-rural dual structure is not only an economic and political problem, but acultural and social problem, the latter two of which more hard to address. Theexistence of the dual structure has a very profound influence on our construction ofrule of law. Due to the long continuity, complex causes of the urban-rural dualstructure as well as the mobility of rural population and formal withdrawal ofnational policies, system and measures from the countryside, the rural legal systemis suffering a setback. Therefore, China’s countryside remains a folk society wherefolk law or local rules exerts great influence whereas national law is either evadedor ignored; or failed in delivering expected outcomes.Facing this reality, what’s the appropriate approach to rule of law in China?Heated discussion ensues. Some scholars emphasize traditional legal resources tothe rule of law; others predict the maturity of urban-rural integration will naturallyphase out folk law, thus a unified legal authority dominated by national law shouldbe established. However, we have to base the rule of law on our national reality andseek for an approach aiming for better legal outcomes.The thesis is broken down into four chapters, reflecting on the socialenvironment that sustains urban-rural dual structure despite the development ofurbanization and rural modernization. Moreover, by analyzing the dual structure’s influence on the rule of law, the thesis will discuss what approach national lawshould take in the countryside and how to promote modern rule of law in China.