On the transformation from "rule by law" to "rule of law
Li Yang
Abstract
Li Yang
Abstract
by and Rule of are two different conceptions. Rule by refers to ruling people by law. of law can be defined as the predominance of law. Rule by expects the availability and the people′s obedience of laws. However, the elements of of include the principles of goodness of laws, of limit to government power, of legal equality, and of the protection of basic human rights. The transition from by to of is to be based on having a limited government, developing and perfecting socialist market economy, cultivating rule of law culture and enforcing rule of law education.
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by and Rule of are two different conceptions. Rule by refers to ruling people by law. of law can be defined as the predominance of law. Rule by expects the availability and the people′s obedience of laws. However, the elements of of include the principles of goodness of laws, of limit to government power, of legal equality, and of the protection of basic human rights. The transition from by to of is to be based on having a limited government, developing and perfecting socialist market economy, cultivating rule of law culture and enforcing rule of law education.
Key concepts: Rule of law, Law, Due process, Public law, Obedience, Private law, Chinese law, Municipal law