Tradition And Modernity:the Change Of Ideas In The Rule Of Law In Rural Areas

The rule of law in rural areas is an important link to promote the rule of law,and it will also be the difficulties encountered in the process of governing the country by law.The opposite two element structure in rural society has become the biggest obstacle to the rule of law.In the analysis of the connotation of the rule of law in rural areas,we can see that it not only includes the construction of the system level and the improvement of governance level,but also means the change of the concept level.Through the introduction of the traditional elements in the local society,the traditional concept is deeply rooted.However,with the establishment of modern state power and the deepening of economic system and political system reform,rural society has changed greatly from organizational structure to ideological concept,and to the practice of rule of law.The change of family concept shapes the villagers' individual consciousness and right consciousness,and makes people get rid of the bondage of clan politics and gain self.However,it is embarrassing that the concept of "individual rights standard" has not been completely formed,and it is difficult to regard law as faith.The change of the idea of litigation is also not complete and complete.Because in rural society,interest litigation is of course reasonable.Therefore,the current villagers' concept of litigation is the status of both litigation and litigation.This is also caused by the coexistence of the difference order pattern and the group pattern in the rural society.However,the traditional concept of justice and profit is changing constantly from the view of seeking profits,which has its positive and negative aspects.The development of the rule of law in rural areas must rely on the promotion of the economy,people's profit seeking behavior is paving the way for the rule of law in rural areas.But at the same time this behavior if the lack of power and norms,but it is dangerous,is very easy to fall into the evils of the rural development,therefore need careful treatment.After discussing the changes of the three concepts,the author analyzes the reasons for the existence of the change of ideas.The first is the political reason.The "state" in the traditional society is not a country in the sense of modern politics.It is a special state that the family is equal to the imperial power,and the state of society is in harmony with the state.It is also called the society of family and state isomorphism.Therefore,the establishment of the new state power means the collapse of the family system and the weakening of the patriarchal clan system,and this series of changes reflect the transformation of Chinese society from "home country" to "country".All kinds of power and order in this process contained in the society are dispersed,and the fate of humankind.The second is the economic reason.The market economy is the overall change of the society,especially under the conditions of market economy "formal rationality" is established,and three kinds of traditional ideas are telling the opposition,this is a rigorous,plan,procedure and loose,lazy,passive cultural opposition.At the same time,there is also the change of social class status standard,that is,the differentiation of the cultural class in the traditional society into the differentiation of the modern economic class.And these are concentrated in the increase in economic disputes.Third is the catalysis of the development of rule by law.This is an indispensable external reason for the change of ideas.The purpose of the development of the rule of law should not be to destroy the existing,but to guide,reverse and rectify.Finally,in the basis of the change of the concept of the rule of law that abuses attempt to explore and demonstrate the framework of the rule of law in the countryside.From the point of view of the opposition of two elements,its structure should also be understood from two aspects of the country and the country.However,there should be primary and secondary points in the rule of law at the present stage,and the modern rule of law should be integrated into the rural autonomy so as to realize the rural rule of law in the modern sense.Specifically,to explore autonomy in rural areas is to demonstrate that it should be a cultural autonomy in essence.However,"culture" does not come into being in a short period of time.All people's behavior will be accepted,absorbed and integrated by the culture,and it is difficult to see the change of its half.It really takes a long and long time to wait,maybe after millions of times of effort,after success and failure,to form a different culture.But it is difficult to be framed,but can be pushed forward and accelerated.Therefore,it is necessary for the country to promote the rule of law in rural areas,and it should be persistent.We must constantly improve and perfect the system and judicature,and then we can see the results.