Proposition On Coherence Of Rule Of Law In Contemporary China

Since the 18 plenary session held, “promoting the rule of law comprehensively” has become the development direction and goal of our developing of rule of law, “adhering to the socialist road with Chinese characteristics, building a socialist system with Chinese characteristics” has also show the positive role of law. Since “Adhering to promote governing, holding power and administrating by the law, adhering to construct the country ruled by law, the government ruled by law and the society ruled by law together” has been proposed and practiced, our research on rule of law should base on the profound reflection of practice plights and theory limitations. We should look inside, exploring the internal connections and the essential characteristics of the country ruled by law, the government ruled by law and the society ruled by law, namely the coherence of rule of law.The proposition on coherence of rule of law is based on the realistic reconsideration on our practice plight, as well as its solid philosophical and legal foundation, which means regarding the components and elements as a whole unit, all elements supporting each other and mixing into all parts, all parts coordinating each other to realize the dream of rule of law in China. Then when we judge the reasonable value target of coherence of rule of law, we will find that it has both the lawfulness of legal construction and the conformity to the aim of legal China. According to the theory of coherence of rule of law, its advance path breakthrough the opposition of state, government and society, fulfilling the coherence of rule of law in China by the unity of society and country, the leading of the government ruled by law and the interaction of other factors of socialist legal system with Chinese characteristics. Obviously, since we pursue the unity of limiting power expansion and preventing the abuse of rights, we will face some dilemma such as the social freedom and rights lacking growth space, the role and function of country occurring deviation, the social power lacking the pattern of reformation. To solve these problems, we should reshape our value system and legitimizing identity, improve and perfect all institutional mechanisms at the same time, and then can we implement the idea of coherence of rule of law and achieve the goal of rule of law in China.