| The concept of “Rechtsstaat” originates from the western countries.It is the result of the economic development.Its content mainly includes two aspects,establishment of the form of law and the embodiment of its real value.As to concept of “Rechtsstaat”,there is mainly such concepts as the form of law and the essence of law.The formal rule of law pays attention to the instrumental aspect,order,efficiency and universality while the essential rule of law includes people's basic rights such as fairness,justice,freedom and democracy.This thesis mainly studies the formal and essential rule of law,and takes the German rule of law for example.An analysis of unity and separation between form and content in rule of law comes to the conclusion that the implementation of Rechtsstaat needs the unity of form and content,and thus contributes to the development of the country under the rule of law.Only in this way can the real Rechtsstaat be achieved,which provides guidance and suggestion for development of China's rule of law at the primary stage of socialism.The thesis comprises three parts: introduction,main body in four chapters and conclusion.The introduction mainly summarizes the background and significance of the topic,which explains the theoretical basis and research methodology.This thesis includes three theoretical basis.First,Kant's law philosophy,according to whom "country is an association composed by lots of people according the law".The core of his legal theory is the respect for people,as only people have free will.People who seek their own freedom must respect the freedom of others',be sure to make theirown freedom not infringe others'.The law is extension of morals,the purpose is to safeguard the rights and interests of citizens.The law must also be the continuation of the essence of moral metaphysics: goodness,respect for human nature,rationality and freedom.Second,Humboldt's state theory,the main idea of which is to emphasize individual value,that state power should be weakened and government should do certain things but refrain from doing other things.The state should safeguard the rights and interests of individuals,and pay attention to the achievement of personal purposes.Third,Marxist's thoughts about the union of free persons.Rechtsstaat must be the embodiment of the will of all the people and the national will.Rechtsstaat should aim at personal development to realize everyone's all-round free development.The main body includes four chapters.Chapter one is about the relationship between form and content of Rechtsstaat.First,it defines the concept of countries under the rule of law and the universal characteristics of a country under the rule of law.Second,it defines the formal rule of law and sums up its characteristics in the instrumental aspect,order,efficiency,universality,certainty and predictability.Second,it defines the essential rule of law and sums up its characteristics in the purposefulness,respect for human rights,restriction of state power,justice,democracy and rationality.Finally,it concludes that the form and essence of the rule of law are in dialectical unity based on the analysis of their relationship.Chapter two mainly analyzes the present situation of Chinese development of Rechtsstaat.Firstly,it analyses the systems and theories of Chinese rule of law in a historical perspective to explain that the form of the Rechtsstaat of China was gradually developing but there is potential for improvement.Further analysis of the present situation of China's development of Rechtsstaat shows that Chinese citizens' awareness of the rule of law is not enough at present,the rule by people and the rule of law co-exist and blend,and the value of rule of law needs to be further highlighted.As for the development of Rechtsstaat in China,the form and content are separated to some extent.Thus,the analysis of the fundamental reasons of that leads to the following discussion of system origin,people-oriented thoughts and economic situation.Chapter three mainly analyzes the development of German Rechtsstaat,Germany is the typical representative of the civil law country.It analyses the development of the Rechtsstaat in Germany in four periods.The first period is from the end of the 18 th century to the later period of the 19 th century,when the German constitution issuedthe Frankfurt Constitution in 1848,the Prussia Constitution in 1850 and the North of The Federal Constitution in 1867.The second period is from the later period of the19 th century to the establishment of the German Empire during World War I,when the German Empire Constitution was promulgated.The third period is from the end of World War I to the full outbreak of World War II,when the Weimar Constitution was promulgated.Then the fourth period is when Hitler came to power,while the Weimar Constitution was completely destroyed.The fifth period is after World War II,when Germany completed its unification,the Basic Law was promoted.On the basis of the five periods' analysis in the separation and unity of form and content of rule of law,it concludes the experience and lessons learnt from the development of German Rechtsstaat.Chapter four which is mainly based on the research of former chapters,puts forward suggestions on the development of Rechtsstaat in China.First,the rule of law thinking is the foundation of improvement,and thus it needs to raise the awareness of citizens.Second,law is the premise of Rechtsstaat,It's formulation and implementation needs to be grounded in reality,achieve the goal of Rechtsstaat also need to limit the power.Third,In the process of Rechtsstaat in China,that need to based on our national conditions.Finally,Rechtsstaat is an objective need of country's economic and social development,so that economy should be developed.In addition,democracy can help improve the formal rule of law and ensure the implementation of essential rule of law,It is suggested that democracy should be put forward to promote the unity of forms and contents of Rechtsstaat. |
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