Legal Revolution To The Idea Of Revolution In Modern State-building Of China

The modern state-building of China is one of the important dimensions of China’s modernization since the nineteenth century. It is also quite an important task to be achieved during the transformation of the movement. In the first half of the twentieth century, the ways of modern state-building of China contained reform and revolution. The state that had been constructed not only had the form of the prototype of the Nation-state, but also had the characteristics of the Party-state. For the most part, the twentieth century in China is the century of revolution,which not only has Xinhai Revolution 、 National Revolution, but also has Communist Revolution. Revolution becomes the legitimate basis of the subversion and reconstruction of political system and the basis of social action. Revolutionary discourse has its natural political legitimacy and moral nobility in the hearts of the compatriots. Eventually, the social revolution and class revolution advocated by Communist Party of China won the final victory and established the People’s Republic of China through launching and shaping the people.The idea of revolution in the modern state-building of China means a rapid and thorough change in some kind sense,which is an ideology deriving from the process during which the revolutionary subject under the leadership of the Communist Party of China put radical means of class struggle and mass movements on the revolutionary objects in pursuit of the value of equality and democracy and in the process of the pursuit of the ultimate ideal of socialism and communism. The idea of revolution eventually became a new "Heaven" and an ultimate concern, which dominated the process of legal construction of institutional system in China. Thus, the legal construction of institutional systems was unfolded in accordance with the logic of the revolution rather than the logic of the law, which was attached to the Party’s policies and to the needs of mass movements and class struggle. Law had thus lost its own inherent character that it should have been had. The punitive and violent trait of law is prominent with a distinctive color of class struggle. The legal construction of institutional system dominated by the idea of revolution cannot provide a stable foundation for the modern state-building,limit the state power and provide proper protection for civil rights,which has not established the institutionalized form of state,but put the country to the brink of collapse during the Cultural Revolution.To complete the modern state-building of China,the idea of revolution has to be transformed. In the background of modernity and globalization,the idea of revolution in the modern state-building of China has achieved its transformation,turning the idea of violent revolution to the concept of peaceful reform. The transformation of the idea of revolution has a direct impact on the change of the principle of the modern state-building. After the Reform and Opening, the institutionalized transition of the democratic principles, the evolution of the principle of the rule of law and the introduction of the principle of human rights protection indicate that the principles of democracy, rule of law and protection of human rights has become the main principle of the modern state-building of China. In the process of this era,the legal system itself has undergone a revolutionary change.The legal construction of institutional system dominated by the idea of revolution,the transformation of the idea of revolution and the introduction and implement of the principle of the rule of law, democracy and human rights protection, means that a "legal revolution to the idea of revolution " has happened in the course of the modern state-building in the history of Republic of China. The rule of law,the democracy and the constitutionalism can not only provide a stable institutionalized basis and a legitimate foundation for the modern state-building but also give effective protection for the rights of citizens. In the background of globalization and modernity,the stereotype of the legal revolution to the idea of revolution in the modern state-building of China is a republic that has the dimensions of democracy, rule of law and Constitutionalism!...