2009Journal of Hubei University of EconomicsRequires access

Head for Rule of Law: From Ought to be to Positive——How does Market Economy Construct Rule of Law

YE Huo-jie

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Abstract

rule of law is once human being's ideal desirability of governance,which is characterized by the state that governmental power is out of legal control for a long history.After market economy became the leading civilized countries production system,rule of law,which people expected for long,realized through restraining governmental power by laws.Mar-ket economy therefore is the intrinsic basis of the process that rule of law converted from ought to be to positive: market e-conomy integrate people as unified and powerful economic force based on itself economic restrict system,to constrain opera-tion of governmental power,and thus became the economic basis and vital force of generation,development and establishment of rule of law.And of course,due to development of market economy shows multiplicity and complexity among countries as they face various domestic and foreign factors which interfere,obstruct and hold down it,the way to realize rule of law in different counties not always share the same.

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rule of law is once human being's ideal desirability of governance,which is characterized by the state that governmental power is out of legal control for a long history.After market economy became the leading civilized countries production system,rule of law,which people expected for long,realized through restraining governmental power by laws.Mar-ket economy therefore is the intrinsic basis of the process that rule of law converted from ought to be to positive: market e-conomy integrate people as unified and powerful economic force based on itself economic restrict system,to constrain opera-tion of governmental power,and thus became the economic basis and vital force of generation,development and establishment of rule of law.And of course,due to development of market economy shows multiplicity and complexity among countries as they face various domestic and foreign factors which interfere,obstruct and hold down it,the way to realize rule of law in different counties not always share the same.

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Available abstract

rule of law is once human being's ideal desirability of governance,which is characterized by the state that governmental power is out of legal control for a long history.After market economy became the leading civilized countries production system,rule of law,which people expected for long,realized through restraining governmental power by laws.Mar-ket economy therefore is the intrinsic basis of the process that rule of law converted from ought to be to positive: market e-conomy integrate people as unified and powerful economic force based on itself economic restrict system,to constrain opera-tion of governmental power,and thus became the economic basis and vital force of generation,development and establishment of rule of law.And of course,due to development of market economy shows multiplicity and complexity among countries as they face various domestic and foreign factors which interfere,obstruct and hold down it,the way to realize rule of law in different counties not always share the same.

Key concepts: Rule of law, Law, Economics, Market economy, Public law, Ideal (ethics), Business, Economic system

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Head for Rule of Law: From Ought to be to Positive——How does Market Economy Construct Rule of Law — Research Paper | ScholarLens