法治的社会基础-马克思主义理论与思想政治教育专业论文.docx

治 而在于通过社会制度的改革 对国家政治权力尤其是自身权力的控 制 还权于社会和民众 让社会民众自主 促成一个独立自主的市民社 会 加快市民社会的经济现代化和法观念的现代化进程 从而为法治提 供坚实的社会基础 关键词 法治 市民社会 社会基础 法治模式 Abstract In the morden times , rule of law means not only “government under law ” and “rechtsstaat” but also means autonomy of the civil society. Factly, in the modern times china`s motion of rule of law was set with having taken government as the principal and with government authority from top to down . Because of neglect the power of the common people and the basis of the civil society , China has not realized ideal of rule of law. Rule of law isn`t only that the government rules the common people and the society with law and its authority . Rule of law can`t be established depending on the government own wishful thinking and its authority . It must be established in the corresponding basis of the civil society and should be inevitable result of the civil society evolution. An independent civil society separated with politics state is the social basis of rule of law. The economic basis of the civil society and legal culture established in it have decisive influence on the construction rule of law. The modern economic basis of the civil society and legal idea established in the economy are decisive elements on the construction for China`s rule of law. The government changing its function , government power being restricted , weakening and standarding its intervene to the civil society is the key to construct the market economic system and to form legal idea such as freedom equality and the legal right . The government can`t build directly and carry out rule of law with its force and subjective willing . So the function of