A Study On Relation And Order Having Effect On The Process Of The Rule Of Law In China

Relation and order is an important social phenomenon, no matter in Chinesetraditional society or modern society, showing some important concept of Chinesepolitical life and lawful phenomenon. The thesis tries to analyze and extract thecharacters of relation and order from sociological angel, starting from concrete casesin life, and discusses the significant influence relation and order has for China’s theprocess of the rule of law. Firstly the author analyzes and extracts the generalconnotation of relation and order, and then by integrating the opinions and thoughtsof relation and order from Chinese and overseas scholars, the author considers thatthe basic connotation of relation and order includes at least melting of reason andration, combination of relation and power, relation order and beneficial order and theembodiment of relation order presented into hidden order, which leads to a contrastcondition to modern spirit of rule of law, blocking the concept of rule of law, hardlypushing development of rule of law and showing resistance to law. In part two, authorgives a detailed analysis on the formation, operation and psychological reasons ofrelation order, putting forward that relation order has non-rational reason order, anauthority order operating according to power, utilitarian exchange of interests as wellas three legal principle features of allocation order. To enhance the practicalness, theauthor takes the case of Ding Shumiao as the actual example in part three to give afurther analysis for the establishment and operational rules, illuminating the initiativedriven by interest, mutual trust influenced by reason, the commutativity influenced bymutual benefit and the rent-seeking under concentration of power in currentestablished Chinese relation order, analyzing its influence on modern laws in China.Finally the author analyzes the current situation and developing trend of the threefeatures for current China’s social relation order, putting forward that the efficientrestricting power is the key to the shift from relation order to rules of law,illuminating democracy based on rules of law system direction of humanized scienceand feasible way for the concept of three parallel ways. In the end, the author considers that it is a long process for a society to produce a proper value that suitsitself, and it cannot disappear, especially today when the intrinsic way of thinking andbehavior pattern can still provide people with social resources, even stronger. Theopinion of the thesis deposits during the study and work of many years, which mayhave practical meaning for the study of China’s relation order.