The Structure and Operating Mechanisms of Chinese Society with Rule of Law
Chen Baifeng
Abstract
Chen Baifeng
Abstract
“Society with rule of law” is a concept strongly marked by the distinctive features of Chinese practice. It refers to the introduction of “rule of law” in the life of society over and above the operating system of public power. Like a country with rule of law and a government with rule of law, a society with rule of law has its own independent sphere, constituting the “one body, two wings” of Chinese rule of law. The concrete context of a country’s ability to mobilize, its existing legal system, the foundation of social governance, the state of social contradictions, etc., may encourage or limit the construction of a society with rule of law. Such construction should have strongly identifiable target guidelines: it should guide orderly public participation in the governance of society, maintain good order in material and cultural life, calibrate supply and demand for basic public services, and define the proper space for the activities of social organizations. The community level is the main field for the construction of a society with rule of law. We should confront grassroots constraints, focus on the main business of grassroots society, and make full use of the function of grassroots social organizations. At the same time, we should effectively integrate the important roles of government, social organizations, enterprises, lawyers and other players in the construction of a society with rule of law.
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“Society with rule of law” is a concept strongly marked by the distinctive features of Chinese practice. It refers to the introduction of “rule of law” in the life of society over and above the operating system of public power. Like a country with rule of law and a government with rule of law, a society with rule of law has its own independent sphere, constituting the “one body, two wings” of Chinese rule of law. The concrete context of a country’s ability to mobilize, its existing legal system, the foundation of social governance, the state of social contradictions, etc., may encourage or limit the construction of a society with rule of law. Such construction should have strongly identifiable target guidelines: it should guide orderly public participation in the governance of society, maintain good order in material and cultural life, calibrate supply and demand for basic public services, and define the proper space for the activities of social organizations. The community level is the main field for the construction of a society with rule of law. We should confront grassroots constraints, focus on the main business of grassroots society, and make full use of the function of grassroots social organizations. At the same time, we should effectively integrate the important roles of government, social organizations, enterprises, lawyers and other players in the construction of a society with rule of law.
Key concepts: Grassroots, Rule of law, Public law, Law, Private law, Political science, Chinese law, Government (linguistics)