2003Unpublished venueRequires access

A Legal Perspective of the Political Country and the Citizen Society——Also Discuss the Chinese Legal Construction Enlightened by the Western Legal Spirit

HU Zheng-chang

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Abstract

The Western legality is emerged from the relative separation and mutual development of the political country and the citizen society. The conflicts between the extended right and restricted power result in the legal spirit. The ways for Chinese legal construction, which has initially started and faced the difficulties, lie in reconstructing the relationship between the political country and the citizen society in order to extend the right and restrict the power.

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What this paper is about

The Western legality is emerged from the relative separation and mutual development of the political country and the citizen society. The conflicts between the extended right and restricted power result in the legal spirit. The ways for Chinese legal construction, which has initially started and faced the difficulties, lie in reconstructing the relationship between the political country and the citizen society in order to extend the right and restrict the power.

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Available abstract

The Western legality is emerged from the relative separation and mutual development of the political country and the citizen society. The conflicts between the extended right and restricted power result in the legal spirit. The ways for Chinese legal construction, which has initially started and faced the difficulties, lie in reconstructing the relationship between the political country and the citizen society in order to extend the right and restrict the power.

Key concepts: Principle of legality, Politics, Political science, Legal realism, Law, Order (exchange), Power (physics), Perspective (graphical)

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