Chinese Nomocracy And Its Subject Construction In Social Transformation Period

Social transformation and change is the theme of modern China, it is so comprehensive and fundamental that without the government the promotion of the rule of law is barely impossible. We have made some achievements, however, there are still many problems:transplanted law does not adapt to the local situation; positive law does not respond to the needs of society properly; the expansion of state power has digested the subjectivity of citizens; citizens’ rights, especially political rights,are not adequately protected. From the book "Law and Society in Transition:Toward Responsive Law", which written by Selznick and Nonet——two American law sociologist, we can get some inspiration. It introduces three types of law:Repressive Law, Autonomous Law and Responsive Law, and says that the Responsive Law will solve the above-mentioned problem.By studying responsive law theory, we try to find ways to solve our problems:strengthening the consciousness of rights, increasing subjectivity in political activities, weakening the dominant power of the government, and balancing the national interests and the personal interests effectively. We hope we can contribute to the construction of democracy and nomocracy in our country.