2005Journal of Southwest China Normal UniversityRequires access

The Tentative Analysis of the Nature of the Conception of the Rule of Law

Pan Jia-ming

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Abstract

The conception of the rule of law is both the basis of the theory of the rule of law and the theoretical prerequisite to building the socialist state, which is ruled by law. The different understanding of the nature of the conception of the rule of law inherently contains the different stipulation of the construction of the rule of law,even stipulates the different model of the construction of the rule of law. In a sense of the nature, we cannot limit the conception of the rule of law in the domain of the law, and just look it as a purely legal concept. The conception of the rule of law contains the pursuit for the morality value and the stipulation of basic principles of the politics, even contains the zeal and belief to the law. The rule of law ought to be a comprehensive conception. So the construction of the rule of law is also a comprehensive project of society, which includes the politics construction, legal system construction and morality construction.

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The conception of the rule of law is both the basis of the theory of the rule of law and the theoretical prerequisite to building the socialist state, which is ruled by law. The different understanding of the nature of the conception of the rule of law inherently contains the different stipulation of the construction of the rule of law,even stipulates the different model of the construction of the rule of law. In a sense of the nature, we cannot limit the conception of the rule of law in the domain of the law, and just look it as a purely legal concept. The conception of the rule of law contains the pursuit for the morality value and the stipulation of basic principles of the politics, even contains the zeal and belief to the law. The rule of law ought to be a comprehensive conception. So the construction of the rule of law is also a comprehensive project of society, which includes the politics construction, legal system construction and morality construction.

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Available abstract

The conception of the rule of law is both the basis of the theory of the rule of law and the theoretical prerequisite to building the socialist state, which is ruled by law. The different understanding of the nature of the conception of the rule of law inherently contains the different stipulation of the construction of the rule of law,even stipulates the different model of the construction of the rule of law. In a sense of the nature, we cannot limit the conception of the rule of law in the domain of the law, and just look it as a purely legal concept. The conception of the rule of law contains the pursuit for the morality value and the stipulation of basic principles of the politics, even contains the zeal and belief to the law. The rule of law ought to be a comprehensive conception. So the construction of the rule of law is also a comprehensive project of society, which includes the politics construction, legal system construction and morality construction.

Key concepts: Stipulation, Law, Philosophy of law, Rule of law, Natural order, Public law, Due process, Private law

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