CLC: DF051 Document code: A
the rule of law is the law of the social function of a special function , perfect state.
Governance as the rule of law the country's basic strategy and operational techniques
system , asked the Law in the social life in a supremacy, the authoritative position, to obtain relative other social adjustment measures, priority, made independent of the specific
political to go beyond the power struggle. Rule of law in real life unfolds, it will create a new legal order type. To specify the rule of law in the formation and operation of the law and the process of governance at the national management and social significance and role in the process, the need for further analysis of the social function of the rule of law. Rule of law, social function of law as a precondition of fulfilling its functions, it should further be noted that, when the law in the areas of social life in the first, positions of authority, the law can have on the direct impact of social life. And the method has positive features and negative features, the rule of law and social functions can also distinguish positive features and negative features. Here, we focus on the rule of law is the main function of the positive features to expand the analysis, during the rule of law also involves the negative features.
First, the rule of law, social integration
continuous differentiation and integration in any society towards a more advanced stage of the necessary steps. Any society to be the survival and development , we must first in some way, with some of the social forces to maintain basic social order, so that all aspects of social systems are able to basically stable, so that members of the community between a basic, minimum level of unity, consensus and cooperation. Law is to achieve basic social order, the implementation of the most important means of social control,
ghd planchas, one is to achieve social cooperation and solidarity of the structural elements. Many researchers of sociology of law to social integration as one of the basic functions of law, that the law is a special kind of social integration mechanisms. Rule of law, social integration mainly in the following areas:
the rule of law through the legitimacy of the state authority to provide According to the social integration
based on the legitimacy of the modern state that it is a legal authority, that national action through the legal process set the scope, limits and methods,
tory burch outlet, law, law is the source of the form of state power and its legitimacy, the legitimacy of reason. People out of loyalty to the law, this impersonal authority of law respect and recognize the legitimacy of the exercise of state power. The legitimacy of state power under the fundamentally social mode of production from the development of the internal regularity. Regularity is the ultimate basis for the existence of state power, is ultimately based on its legitimacy, and the law, the law is in the form of modern state power, the legitimacy basis. In
socialist society, dictatorship of the proletariat is not subject to any legally binding regime, it is based on violence to achieve and maintain. But this does not mean that violence itself can prove the legitimacy of state power, legitimacy, nor that of the socialist state power will not require legal basis and legal support. Strength itself can not produce
right and legitimacy. Strength must be translated into the rule of right, to make a strong legitimacy. Only the direct violence of the dictatorship turned to self-restraint
constitutional , the socialist regime will be stable and healthy development. Socialist state power also has the possibility of alienation tends to be the state power in the law reflects the will of the people under strong constraints, be possible to truly become a people's state power
democracy dictatorship powerful tools to truly serve the people, to maximize the inhibition of its Dictatorship can not be directly with the nature of violence to deny the political power structure and legal form of the dictatorship of the necessity and inevitability.
provide legitimacy for state power and the rule of law and effectively under the constraints of state power, the rule of law is the basic core requirements. Only be effective restraint on state power, in order to promote the rule of law or principle from the concept to reality has taken a crucial step. Rule of law and recognition of the legitimacy of state power, in fact, is the relationship between a law and national recognition. Law and state power in terms of functions with a direct link. State law is dependent on the one hand, it is also one of the tools of national administration, but not subordinate to state law, it should be through the establishment of their independence, autonomy and become a tool of state power constraints. Establish the supremacy of law of significance will become bound by the rule of law is the power of state power, the legitimacy of state power on the basis of the law strictly, lay the foundation for the constraints of state power.
state power by giving legitimacy to the rule of law, aimed at making state power into a certain
system the track,
mbt shoes ireland, making a majority of members of the community supported by the legal management and control of social forces and play social integration. In fact, given the legitimacy of the legal authority of the State itself is a consolidation of state power, which the state has the legal authority to legitimacy, so that it has a strict hierarchy, with clear terms of reference and the division of labor,
abercrombie ireland, thus public officials of state power to strengthen the ethical responsibility to make the general public loyalty to the country and the trust to be strengthened, that is, strengthening their sense of obedience and sense of responsibility, which is obviously conducive to social integration. But this guide is certainly not the legitimacy of nationalism, driven the country's blind worship, superstition, and without reflection of absolute obedience. State law gives legitimacy to the state was never intended to become an oppressive violence, precisely in order to be bound by such norms and violence, leaving the country to become a positive force of social construction and management. This is a function of the rule of law than the law functions to further areas. Obtained by the rule of law and legitimacy, to leave the state's functions are broader social support and obedience, so that the proper management of social life is more authoritative and more effective.
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The social function of the rule of law
rule of
society function
Chinese leaf mass star
People University
Law hospital, Beijing 100720
leaf mass star, male, Dingtao County, Shandong, China People's University Law School Associate Professor, Doctor of Laws.
is the rule of law can be summarized in four aspects:
justified by the country power , to promote
value diversity and resolve disputes social integration; by reducing social interaction and
Management cost, to promote market efficiency and individual
free to achieve incremental welfare function;
through the establishment of legal The
justice the image, the form of rationality and authority to achieve its
sense form function; by uphold the theory of bounded rationality, get rid of superstition and the power to confirm the basic the legal value of the critical function of the rule of law. As between the several features inherent tensions.
The functions of rule by law can be summarized as the following four aspects: promote the value diversity, solve the dispute and realize the social reorganization function; promote the market efficiency and personal freedom and realize the increase of material benefits; establish the justice image, formal reasonable and authority of law and reach the ideology function; get rid of the power superstition, confirm the basic legal values and realize the critical function of rule by law.
rule of law / social function / social integration / ideology
rule of law / function / social reorganization / ideology
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