The Theoretical Exploration Of Hayek's Spontaneous Order And Rule Of Law

Friedrich Auguste von Hayek was an important scholar of the twentieth century,who is involved both in economics,politics,law and other fields.Such a broad academic background has given him a unique academic perspective to observe jurisprudence,the rule of law issues,such as his well-known contribution to freedom,law,and so on.It is precisely because Hayek has been long-term influenced by the western mature market economy and has been engaged in economic research,his theory in the field of law has a unique perspective and entry point.The Fourth Plenary Session of the Eighteenth Central Committee put forward the rule of law strategy--the rule of law reform escorts economy development,and the development of economy provides a strong material backing for the rule of law.So the research of Hayek,a scholar who was both with such a theoretical background of the economic theory and the late study of the theory of law,is bound to has important theoretical and practical significance in China's rule of law.It is of great theoretic significance in knowledge increment to study a imported product like "the rule of law" from the perspective of Western liberalism.The above three factors are the reasons to study Hayek--this classical liberalist insider with a profound economic background.Hayek's "Spontaneous Order" is based on the rules of individual's proper conduct,but also on the shoulders of the giants--Mandeville,Hume,Rawls,Kant,Ferguson,Menger,etc.The controversial dualism,The bounded rational structure,The third category,The evolutionary mechanism have an important impact on his formation and maturity of thoughts,and even the ancient Natural law school has a certain impact on Hayek.The thesis begins with the introduction of the "rule”issue.From the shallow depth of the "Spontaneous Order" context of the rule of law within China's practice to the deeper progressively,the author aims at forwarding some inspirations to the breakthrough of rule of law theory and the promotion of rule of law practice in China.