On the Difficulty in Reaching Common View on Rule-of-law——From the Inspection of Trend of Thought on Rule-of-Law in China Today

From the different directions of thought on rule of law in china today,we discuss two problems on contradiction of thinking:The first problem is the contradiction between the form of the rule- of- law and the essence of the rule- of- law thinking tendency.When some people paid more attentions to the form of the rule- of- law and discussed positive significance on the rule- of- law based on logical reasoning,they would be accused idealism out of society if they didn't accurately see weather the social factors and interests behind legal reasoning or the potential impact on the power structure.Another group of people contradicted the generality of the law with social factors and believed that the law can be effective only adapted to the actual situation.Although there was legitimacy based on the sociological sense,the viewpoint gave up the ideal of rule- of- law.The second problem is the contradiction on the service object of the law as a tool.The power can be absolutized in the name of the rule- of- law which is treated as means to strengthen management by some governors,while some citizens pursue the right on absolutization in the name of the rule of law which is treated as means to defend rights.Without the fundamental common view on rule- of- law between governors and citizens,the development of the rule- of- law is interfered with two kinds of opposite tendency which are both significant to the construction of rule- of- law.Only when the theories of special national conditions,formal legality and peaceful evolution should be surpassed in the trend of thought on rule- of- law in today's China,we can find the way to rebuild relations between the rule of law and society and structure the concept and path of the rule of law which is suitable for China's progress and development.