The Study On Three Basis Of The Construction Of Socialist Legal Society

The theory on the construction of socialist legal society originates in the ideological treasury of Marxism-Leninism, Mao Zedong Thought and the theoretical system of socialism with Chinese characteristics. Further research and improvement on the theory of socialist legal society are conductive to promote socialist legal construction. After experiencing the fundamental changes from Rule of Man to Rule of Law, the boundaries of government power in China has moved from infinite towards rights and liabilities given by law, and legal has acted as the criterion of the government administration behavior. The development of market economy is the root cause of this phenomenon, civil society growing up from the development of market economy is an important force to promoting government administration legalization.Mean while, constitutionality way of governing by law is also the endogenous demand in market economy and the concentrated reflection on legalization of government administration in the promotion of civil society.Socialist market economy is the economic foundation of constructing socialist legal society, which essence is the rule-of-law economy, the development of socialist market economy objectively requires the realization of rule of law and provides soil and power to the construction of socialist legal society; Rule by Constitution is the political foundation of constructing socialist legal society as well as the fundamental means of protecting civil rights and the premise on the rule of law; civil society is the social basis of constructing socialist legal society, and is a prerequisite and political safeguard for the construction of socialist legal society. The socialist market economy is the premise and basis of Rule by Constitution and the rise of civil society, Rule by Constitution can provide legal protection for socialist market economy and civil society, the rise of civil society is an important force of the development of socialist market economy and Rule by Constitution, and three of them are with interrelated interaction.Socialist market economy has the determined and spontaneous character, which means that no one can make pre-design on the order of market economy beforehand,while the market itself has self-selection of rules during the economic operation,therefore, the running of market economy must be guided by the stable and reasonable rule system, or it can be said that the running relies on the rule of law. A major feature of the socialist legal society is that the statutory rules of country has a completesystematic system, different legal rules contact with each other and they all obey the basic legal guidelines, maximize harmony should be maintained between different legal rules. If there is no Constitution as the fundamental law, the basis and foundation of the rule of law in a country will be changed by the ruler, the basic social norms under the rule of law will be ceased to exist, Rule of Man would replace Rule of Law in regulating social affairs. Under the premise of that China, as a socialist country with democratic centralism, different interest groups and individuals restrict the rights according to electing NPC members. But the power of the individual would be often inadequate in facing with the state apparatus, a collection of personal power, all it can be called that the civil society organizations, the need of representing the interests of individual supervision emerges at the right moment. Civil society is relatively independent to the state power and entitled to statutory civil rights, which can grasp the social rights occupied by the state power so as to not only address internal social problems, reduce the burden on state power, but also deliver the interest requirements from different social groups to organs of state power more importantly, directly involves in the construction of state power and supervises the implementation of state power. Therefore, the study on the theory of socialist legal society from the three aspects including market economy, Rule by Constitution and civil society would be conducive to improving the construction of theoretical system of socialist legal system.