Research Of Legal Modernization Pushed By The Society

The legal modernization is the embodiment of the social development process in the legal level, which is a developing transformation process of law from the tradition to the modern. There are two main types of modernization mode in the world from the point of view of the main driving force of legal modernization. One is society-driven (the inner dynamics mode) mode, which is driven by the social inner power; another is government-driven (the exterior impact pattern) mode, which is caused by the impact of foreign advanced legal system on their backward legal system. This article expounds the specific content and form of legal modernization of Western Europe which is pushed by social model, explores the social background of its existence and development direction and analyzes the role of civil society in European law modernization by analyzing the legal modernization of Western society, which is a typical representative of the first mode. At the same time, this paper compares the function of government in different mode and applies the mechanism of Western European society to the government-driven mode of our country. We should establish a reasonable road to promote the construction of the legal modernization of China, to achieve the aim of the rule of law by exploring the direction of development and reform of the legal modernization of our country, combining the force of government and society, balancing the position and role of government and society in the legal modernization.