Research About The Rule Of Law Theory Of Hayek

Philosophy is the sublimation of human spirit and the philosophy of law is the freedom and order of the human civilization. Freedom is the human pursuit of the ultimate ideal, and the rule of law is the best way to achieve this ultimate human ideal. In the history of Western philosophy, a long-standing concern for the rule of law, and achieved fruitful results. But a combination of freedom and the rule of law, its system is different from the general theory to study the rule of law only Hayek. Hayek draws on classical liberalism and the Austrian school of thought, values and knowledge to the ignorant bounded rationality is the logical starting point, based on the constructivist rationalism above criticism, presented its unique evolutionary rationalism and rational evolution Marxism is a product of evolution as a theory based on the entire Hayek spontaneous order, Hayek combined with "personal" private domain demonstrated the spontaneous order of free helpful superiority. However, sooner or later, Hayek theory exists between the law of a huge transformation, from the mainland had believed codified rule of law theory convert common rule of law theory, this paper analyzes the causes of Hayek’s theory of the rule of law conversion, combined Hayek critique of legal positivism, based on the basic contents of the hole saw Hayek theory of the rule of law. At the same time, precisely because of the originality and rebellion against the traditional view of Hayek’s theory of the rule of law, rule of law and the theory put forward its outset scholars suffered critical attention. In the critical period of building the rule of law, rule of law, Hayek’s theory study and learn, not only provides a unique perspective on the theory of the rule of law, and more importantly, has important implications for the rule of law in our country especially judicial reform.From the perspective of history and reality last, the realization of the rule of law is an important and difficult task. The socialist rule of law in our country since the founding of the experienced a tortuous development process, review the development of our country under the rule of law, only on the basis of summing up experience, to avoid a repeat. At the same time, we should be more tolerant mind, on the basis of a foothold in China’s basic national conditions, critically absorb western scholars discourse and theory about the rule of law. This article is based on this starting point, tries to through the study of the interpretation of hayek’s theory of rule of law, and to excavate the useful Suggestions to the construction of socialist rule of law in our country.According to this thinking, this article is divided into four chapters, the first chapter analyzes hayek method of governance Want to origin and theoretical basis, clarify the ins and outs of hayek’s theory under the rule of law to clear the austrians and inheritance of classical liberalism, also a deep understanding of the hayek ignorance of knowledge view, the evolutionary rationalism and authigenic spontaneous order; The second chapter the author will of hayek’s theory of rule of law to construct a general comb, including the rule of law theory and the reasons of the conversion, as well as to the legai positivism criticism based on hole see hayek’s concept of the rule of law theory; The third chapter, the author summarizes the basic content of hayek’s rule of law theory, it especially analyses the "public law" and the division of "private law" and their relationship; The fourth chapter through the will of hayek’s theory of rule of law, the author summarizes the ideas the contributions and analyzes its deficiencies, hayek also described. in addition, the rule of law theory significance of contemporary Chinese rule of law.