2014•Journal of Nanjing Normal UniversityRequires access

Rule of Law and Reform Thinking: Conflicts and Their Solutions

Chen Jin-zha

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Abstract

The relationship between the rule of law and the reform requires us not only to regard it as a dialectical unity of the two but also to understand it in a broader vision. Firstly,observing reform, rule of law and revolution together,we will find that both the rule of law and reform are intended to avoid the outbreak of revolutionand to win the race with revolution; secondly,studying reform, rule of law and revolution at the same time,we will find the rule of law is a means of promoting social development and of achieving fairness and justice; thirdly,analyzing the rule of law,reform and state power at the same time,we will find that to implement the rule of law is our political goal,the core of which is to check state power through progressive reforms. The rule of law and reform will conflict with each other in a particular historical period. Therefore,it is necessary for us to take the conflicts seriously in the period of social transition and to reduce them to the minimum. To build reform consensus according to the rule of law is the basic mode of thinking in future reform,so China needs to carry out its reform within the framework of the rule of law.

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The relationship between the rule of law and the reform requires us not only to regard it as a dialectical unity of the two but also to understand it in a broader vision. Firstly,observing reform, rule of law and revolution together,we will find that both the rule of law and reform are intended to avoid the outbreak of revolutionand to win the race with revolution; secondly,studying reform, rule of law and revolution at the same time,we will find the rule of law is a means of promoting social development and of achieving fairness and justice; thirdly,analyzing the rule of law,reform and state power at the same time,we will find that to implement the rule of law is our political goal,the core of which is to check state power through progressive reforms. The rule of law and reform will conflict with each other in a particular historical period. Therefore,it is necessary for us to take the conflicts seriously in the period of social transition and to reduce them to the minimum. To build reform consensus according to the rule of law is the basic mode of thinking in future reform,so China needs to carry out its reform within the framework of the rule of law.

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Available abstract

The relationship between the rule of law and the reform requires us not only to regard it as a dialectical unity of the two but also to understand it in a broader vision. Firstly,observing reform, rule of law and revolution together,we will find that both the rule of law and reform are intended to avoid the outbreak of revolutionand to win the race with revolution; secondly,studying reform, rule of law and revolution at the same time,we will find the rule of law is a means of promoting social development and of achieving fairness and justice; thirdly,analyzing the rule of law,reform and state power at the same time,we will find that to implement the rule of law is our political goal,the core of which is to check state power through progressive reforms. The rule of law and reform will conflict with each other in a particular historical period. Therefore,it is necessary for us to take the conflicts seriously in the period of social transition and to reduce them to the minimum. To build reform consensus according to the rule of law is the basic mode of thinking in future reform,so China needs to carry out its reform within the framework of the rule of law.

Key concepts: Rule of law, Law, Due process, Public law, Dialectic, Political science, Politics, State (computer science)

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