The Study On The Relationship Between The Essence And Form In The Process Of Rationalization Of The Institution

In today’s society, with the rapid development of production capacity, the constructions of social security institution also develop. On the one hand the system construction guarantee the rights of the people and realize the public value, on the one hand it contributes to the personal and social rationality of integration. It achieves the society civilization and individual value. In various fields of social life, the rationality performance at two aspects of formal rationality and substantive rationality, the rationalization of social life is a part of the modernization. With the social life being institutionalized, the research on the relationship between form and substance is an exploration of social modernization, also a a study on the value of social life.This study use the comparation of historical analysis and logical analysis 、 the comparation of theory analysis and normative analysis to think of the market economic institution. The study discuss the pursuit of efficiency, the encouraged interests by substantial rationality analysis, discuss the market economy rules by formal rationality analysis. Research on the instituion cannot be done without the historical perspective, also cannot be done without the institutional comparation, through the comparative analysis of the institution, we can clearly see the formal rationality in the institutional change. With the see-saw relationship reasoning of form and substance, we investigated the historical change of position and information fairness in the market economic institution, maked comparison research on the two changes relationship. Do the research of formal rationality and substantive rationality tension changes in the history of the study of political democracy. Through the dialectical analysis of the role of the judge in the process of rule of law and judicial interpretation of the two kinds of path, formal rationality explanation and substantial rationality explanation, in order to understand the judge as real rational defenders specific behavior.It is the relationship between form and substance of epistemology, the concept of a group is a form of rationality in the field of social life, form the rational in weber is the expansion of the rational under specific historical conditions, and the "substantial rationality" is irrational. Form rational characteristics of exteriority, procedural and procedural rules are consistent with modern market economy system operation, and the political system in the operation of the modern democratic rule is consistent. the relationship between the formal rationality and essential rationality can be regarded as a tool to examine rules of market economy institution on epistemology, democratic politics and legal justice issues, and even can be extended to life, family life, daily life in this way, this study discusses about the relation between form and substance is only the beginning.Market economic system has instrumental for the development of the society, have played a role in the deployment of social resources, but in the pursuit of the efficiency of the road more walk more far out of control, so that its own structure set up loopholes exist in the market transaction process in the root of unfair. Modern society as an expert society, market economy helped people to the requirement of the division of one dimensional development, this may make it harder for people to realize the comprehensive liberation, and planted because information leads to unfair trade unfair seeds.In the process of political democratization, formal rationality has experienced a process of ups and downs. In the primary democratic society, the people based on the value of the community and maintain, through such a form to regulate the relationship of the people to achieve the original democratic rule. In the social productivity ceaselessly, form rationality expands, has become the pursuit of efficiency and become the ruling class oppression and the tools of grab the interests. The role of the tide of modernization, ideological enlightenment evoke the essential rationality, by dissecting the form rationality into the life of capitalism. Substantial rationality is formal rationality completely suppressed, but in the cruel social reality and the social contradictions of capitalism, capitalist form machine realized only to revive the essence rationality of democracy, freedom, justice and efficiency value can realize self-salvation of capitalism. Then form the rational demand substantial rational return, while the real reason on a higher level to form rational set up the democratic politics of capitalismLaw is one of the symbol of human civilization, it is the embodiment of substantial rational resort to form rational advanced, but in front of the real life infinite abundance, the law in the form of a rational explanation for life will encounter moral, beliefs, values. Judge as the guardian of the authority of law and essence of justice defender will make a choice according to the pros and cons of these, so Moment of encounter to the substantial justice and formal justice, the judge or to include moral factors in form in the rational explanation, perfecting the unification of the law and morality, in either in the choice to achieve the pareto optimality condition.