On The Lack Of Law-abiding Citizens And Solutions In China

China in transitional period imposes huge test to the society and people. For example, in terms of law-abiding, citizens are not active in law-abiding. Here the writer analyzes and researches reasons for and solutions to insufficient law-abiding of citizens of China at the present stage from the perspective of culture, particularly the legal culture.The paper consists of four chapters. Chapter one is about the definition of law-abiding and insufficient law-abiding. Based on analysis of law-abiding and status of insufficient law-abiding, the paper approves the universal definition that law-abiding refers to the activities of state organs, social organizations and individual citizens exercising rights (power) and performing obligations (functions) in accordance with regulations of laws. Then, the research object of the paper is limited to citizens of law-abiding subjects. After contrasting similar concepts and analyzing the status, the insufficient law-abiding is defined as citizens of law-abiding subjects choosing to act anarchical behaviors which are inconsistent with law in force or owning tendency of unwilling to abide law due to many reasons,which have the possibility of harmful consequences. In China, the behaviors of insufficient law-abiding of citizens are including disobeying the law, not maintaining the law, not use the rights lawful, and not believing in and respecting the law.Chapter two presents and defines the research method in the whole paper, which is culture and legal culture. The writer adopts the neutral cultural view that regards culture as social consciousness and matched system and institutional framework which are consciousness and system for short on the basis of analysis of research status of culture and legal culture. In light of this, the paper divides legal culture into legal system and legal consciousness.Chapter three explores reasons for insufficient law-abiding of citizens from the angle of legal culture. Firstly, the relationship between legal system and legal consciousness which are contents of legal culture is introduced, for the introduction is prologue of detail analysis of reasons for insufficient law-abiding. Secondly, the paper summarizes reasons for insufficient law-abiding in terms of legal system and legal consciousness through case study. Reasons in terms of legal system include imperfect laws and regulations, not defending traditional virtues by judicial persons,"caging" of rights by law-executors, ambiguous standards and buck-passing. Reasons in terms of legal consciousness include lack of common concept, lack of independent consciousness, mentality that law does not punish numerous offenders, the concept of "replacing law by power", habitual valuing relations and human relationship, and the benefit pursuing value of money first.Chapter four discusses solutions to insufficient law-abiding of citizens from the legal culture standpoint. In the first place, the paper gives priority to rationality analysis which is basis and precondition of finding solutions from the perspectives of legal system and legal consciousness. The research on this subject will be of no significance without rationality. In the second place, the paper proposes solutions on legal system and legal consciousness in which the former contain weakening expanded power, eliminating the obstacle of "power supreme", valuing judicial adjudication, stressing knowledge production role of judge and establishing "rational-legal government" and effective procedure operation mechanism; the latter contain cultivating subject consciousness of citizens, promoting forming of law-abiding spirit, approaching the theory of "economic man" with prudence, strengthening sense of legal identity and enhancing moral consciousness through internal cultivation.In the final peroration, the writer gave the conclusion and sublimation of the whole paper, also mentioned the difficulties and uncertainties during the writing. This paper makes a progress comparing with these former researches about law-abiding. And using the legal culture as a method to complete the paper is a feature. Hope can be an idea which helps the following research.