2013Unpublished venueRequires access

On the Argument and Sticking to the Principle of Formal Rule of Law

Jin Chen

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Abstract

It is significant that we get a clear understanding of the meaning and functions of essential rule of law so as to avoid the excessive role.Because of the Chinese integrated culture underlining the dialectical thinking,it is difficult to implement the thinking guided by law.The authority,clarity,stability and the fixity of law could be commonly lessened with the thinking of contradiction.Meanwhile,the transmission and prevalence of critical legal studies,legal realism and postmodern jurisprudence further aggravated the thinking by law disintegrated.Adhering to the essential rule of law caused the thinking mode of formal rule of law to fall.The theory of rule of law seems to be declining.It is necessary to restate the opinion that formal rule of law is the backbone of the theory of rule-of-law.Without sticking to the formal theory,or rather without catching up with formal rule of law in China,it could be impossible to transform to a society with rule of law.The theory of formal rule of law depends on legal methods to pursue the justice.The essential rule of law would play an active role of regulating the society only under the premise of sticking to the formal rule of law.

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It is significant that we get a clear understanding of the meaning and functions of essential rule of law so as to avoid the excessive role.Because of the Chinese integrated culture underlining the dialectical thinking,it is difficult to implement the thinking guided by law.The authority,clarity,stability and the fixity of law could be commonly lessened with the thinking of contradiction.Meanwhile,the transmission and prevalence of critical legal studies,legal realism and postmodern jurisprudence further aggravated the thinking by law disintegrated.Adhering to the essential rule of law caused the thinking mode of formal rule of law to fall.The theory of rule of law seems to be declining.It is necessary to restate the opinion that formal rule of law is the backbone of the theory of rule-of-law.Without sticking to the formal theory,or rather without catching up with formal rule of law in China,it could be impossible to transform to a society with rule of law.The theory of formal rule of law depends on legal methods to pursue the justice.The essential rule of law would play an active role of regulating the society only under the premise of sticking to the formal rule of law.

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Available abstract

It is significant that we get a clear understanding of the meaning and functions of essential rule of law so as to avoid the excessive role.Because of the Chinese integrated culture underlining the dialectical thinking,it is difficult to implement the thinking guided by law.The authority,clarity,stability and the fixity of law could be commonly lessened with the thinking of contradiction.Meanwhile,the transmission and prevalence of critical legal studies,legal realism and postmodern jurisprudence further aggravated the thinking by law disintegrated.Adhering to the essential rule of law caused the thinking mode of formal rule of law to fall.The theory of rule of law seems to be declining.It is necessary to restate the opinion that formal rule of law is the backbone of the theory of rule-of-law.Without sticking to the formal theory,or rather without catching up with formal rule of law in China,it could be impossible to transform to a society with rule of law.The theory of formal rule of law depends on legal methods to pursue the justice.The essential rule of law would play an active role of regulating the society only under the premise of sticking to the formal rule of law.

Key concepts: Law, Rule of law, Philosophy of law, Municipal law, Comparative law, Public law, Positive law, Contradiction

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