Legal Modernization - Research on Issues of China's Rule of Law Development

Author: Jiang Lishan
Publisher:
Publish Date: 2006-09-01
Features: There are two fundamental choices for the path of legal modernization in different countries: one is the government-led path to the rule of law, and the other is the socially-evolved path to the rule of law.
Characteristics of the former: The government (state) is the designer and primary driver of the legal modernization movement.
Characteristics of the latter: The rule of law is primarily naturally formed and evolves in "civil society" life, lacking pre-set goals and plans. Although China in the 20th century experienced local efforts at institutional innovation, it ultimately did not independently become the main driving force in the process of legalization. Why? In terms of which kind of driving force should be used to promote the rule of law, Chinese legal academia mainly has three theories: , Mr. Jiang Lishan advocates the "Government-Led Rule of Law Model." Second, Mr. Lai Suli advocates the "Social-Led Rule of Law Model." Third, to avoid overemphasizing the roles of government and society in the first two models, some scholars moderate and advocate the "Government-Society Interactive Rule of Law Model."——Wang Taixian, Ai Ming, "The Concept and Strategy of the Rule of Law"