On Civil Disobedience:Concept History,Jurisprudence Analysis And System Construction

The traditional concept of legal system in our country has always stressed the absolute obedience of the citizens to the law,which is the only way to realize the harmonious and orderly society and the root of the concept of the rule of law.On the contrary,any dissenters will be considered to be the destroyers or anarchists of the rule of law.The value of the theory of ?civil disobedience? lies in breaking this traditional legal concept.It emphasizes that citizens in a real society under the rule of law will never be only a group of law-abiding machines without thought,but they will have an independent life based on the law,which is based on the self conscience of the law,and dares to correct the injustice through some minor offences when necessary.The law.Therefore,we can not generalize the traditional illegal activities,but distinguish the general illegal behavior from the ?citizen disobedience?,which is of great significance to the development of the rule of law in China.This paper first expounds the origin and rheology of the theory of ?civil disobedience? in the western society,thus generalizes the characteristics and types of ?civil disobedience?,demonstrates its legitimacy,and puts forward some institutionalized suggestions for the introduction of the legal system of our country on the basis of sufficient understanding of ?civil disobedience?.