2015Unpublished venueRequires access

On a Number of Propositions in the Process of Promoting Modernization of the Rule of Law in China

Zhao Yan

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Abstract

In the course of advancing the rule of law in today's China national governance system,there are many pairs of competitive govern model,that is,the govern power and society power,rule of law and rule of man,formal and informal rules. The consequences of competitive govern model will eventually affect the govern model in the future. The development of social power is the important index of the growth of the rule of law.But the prevailing conception of an almighty government,to some extent,inhibits the social power form which the rule of law is generated. Therefore,the binary division of state power and social power will affect the modernization of national governance system. In the process of constructing the rule of law,we must admit that the rule of virtue,the rule by man and the rule of law will exist simultaneously for a long term. Any governance mold has cost issues; we have to prepare for burdening its cost,which will help us to shape the modernized governance. The underdeveloped law environment provides spaces for the existence of informal rules. The adjustment and adjustment standards for formal rules and informal rules will also affect the level of modernization of national governance system and management ability.

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In the course of advancing the rule of law in today's China national governance system,there are many pairs of competitive govern model,that is,the govern power and society power,rule of law and rule of man,formal and informal rules. The consequences of competitive govern model will eventually affect the govern model in the future. The development of social power is the important index of the growth of the rule of law.But the prevailing conception of an almighty government,to some extent,inhibits the social power form which the rule of law is generated. Therefore,the binary division of state power and social power will affect the modernization of national governance system. In the process of constructing the rule of law,we must admit that the rule of virtue,the rule by man and the rule of law will exist simultaneously for a long term. Any governance mold has cost issues; we have to prepare for burdening its cost,which will help us to shape the modernized governance. The underdeveloped law environment provides spaces for the existence of informal rules. The adjustment and adjustment standards for formal rules and informal rules will also affect the level of modernization of national governance system and management ability.

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Available abstract

In the course of advancing the rule of law in today's China national governance system,there are many pairs of competitive govern model,that is,the govern power and society power,rule of law and rule of man,formal and informal rules. The consequences of competitive govern model will eventually affect the govern model in the future. The development of social power is the important index of the growth of the rule of law.But the prevailing conception of an almighty government,to some extent,inhibits the social power form which the rule of law is generated. Therefore,the binary division of state power and social power will affect the modernization of national governance system. In the process of constructing the rule of law,we must admit that the rule of virtue,the rule by man and the rule of law will exist simultaneously for a long term. Any governance mold has cost issues; we have to prepare for burdening its cost,which will help us to shape the modernized governance. The underdeveloped law environment provides spaces for the existence of informal rules. The adjustment and adjustment standards for formal rules and informal rules will also affect the level of modernization of national governance system and management ability.

Key concepts: Rule of law, Modernization theory, Corporate governance, Law and economics, China, Power (physics), Economic system, Law

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