On the Coordinate Development Between Phenotypic Democracy and Rule of Law and Cryptotypic Democracy and Rule of Law
Feng Meng-cheng
Abstract
Feng Meng-cheng
Abstract
Democracy and the rule of law is a kind of culture,which can be devided into two parts.one is phenotypic democracy and rule of law and the other is cryptotypic democracy and rule of law.Phenotypic democracy and rule of law is a kind of material culture,which includes three parts:political and legal norms,political and legal systems,and political and legal facilities;while cryptotypic democracy and rule of law is a kind of spiritual culture,which also includes three parts:political and legal psychology,political and legal awareness,and political and legal thought.Since the founding of PRC,especially after the implementtation reform and opening-up,phenotypic democracy and rule of law has made great progress,but cryptotypic democracy and rule of law develops slowly.These are mainly manifested in the conflict between cryptotypic power-oriented thought and the phenotypic norms of power operation,the gap between cryptotypic right awareness and the phenotypic democratic systems,the contradiction between cryptotypic legal psychology and the phenotypic principles of rule of law.Currently,in oeder to attain coordinate development of the two parts,it is necessary to pay enough attention to the construction of cryptotypic democracy and rule of law.The construction of cryptotypic democracy and rule of law is to popularize and spread the culture,concepts and values which hide in democracy and rule of law,so as to make people become modern in spirits,and form modern political and legal attitudes,values,ideas and patterns of behavior,which is to cultivate people's spirits of modern democracy and rule of law that is rooted in corresponding political,cultural,economic,mental,social and institutional conditions.
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Democracy and the rule of law is a kind of culture,which can be devided into two parts.one is phenotypic democracy and rule of law and the other is cryptotypic democracy and rule of law.Phenotypic democracy and rule of law is a kind of material culture,which includes three parts:political and legal norms,political and legal systems,and political and legal facilities;while cryptotypic democracy and rule of law is a kind of spiritual culture,which also includes three parts:political and legal psychology,political and legal awareness,and political and legal thought.Since the founding of PRC,especially after the implementtation reform and opening-up,phenotypic democracy and rule of law has made great progress,but cryptotypic democracy and rule of law develops slowly.These are mainly manifested in the conflict between cryptotypic power-oriented thought and the phenotypic norms of power operation,the gap between cryptotypic right awareness and the phenotypic democratic systems,the contradiction between cryptotypic legal psychology and the phenotypic principles of rule of law.Currently,in oeder to attain coordinate development of the two parts,it is necessary to pay enough attention to the construction of cryptotypic democracy and rule of law.The construction of cryptotypic democracy and rule of law is to popularize and spread the culture,concepts and values which hide in democracy and rule of law,so as to make people become modern in spirits,and form modern political and legal attitudes,values,ideas and patterns of behavior,which is to cultivate people's spirits of modern democracy and rule of law that is rooted in corresponding political,cultural,economic,mental,social and institutional conditions.
Key concepts: Democracy, Rule of law, Law, Legal culture, Politics, Due process, Contradiction, Public law