Structural Transformation of the Rule of law and Internal Challenges Faced by It in China


 

 

Abstract: By analyzing the semantic structure of “the rule of law” on the basis of the basic theory of semiotics, it is not difficult to find out that the rule of law is not only a set of sound and image system that can reproduce and project the evolution of the reform in China, but also an institutional system with the dynamic development character embedded in it. Therefore, it is bound to take the road of structural transformation under the influence of its institutional environment. To be specific, the structure of the rule of law in China has undergone a process of transformation from a synchronic one to a diachronic one, which means that reform and development have become the constants in understanding the basic category of rule of law. However, the transformation of the rule of law is faced with such challenges as those posed by the idea of “harsh and ruthless treatment”, which prevents the emergence and development of the rule-of-law consciousness, the theory of superstitious understanding of the rule of law, which impedes the implementation of the rule-of-law belief, and normative global pluralism, which counteracts the functions of the rule of law. To meet these challenges, it is necessary to put into practice the systematic norms of legal science on the basis of fully grasping the law of transformation of the structure of the rule of law, and promote and implement the basic principles of a socialist state under the rule of law, such as combining the uniformity and dignity of the socialist legal system, non-contradiction of legislative norms with the constitution, investigation of violations of the constitution and equal treatment.

Keywords: rule of law; structural transformation of the rule of law; challenges to the transformation of the rule of law; the principle of the rule of law

 

Author: He Hai-ren, research fellow and head of the Department of Jurisprudence, CASS Law Institute;

 

Source: 8 (2021) Hebei Law Science