Break the Western rule of law universal myth -based on European rule of law
December 01, 2021 08:48 Source: "China Social Sciences" December 1, 2021, Issue 2299, author: Liu Heng

Europe is one of the most developed regions in the world today,It is the birthplace of the concept of modern rule of law,It is also the main experimental field of the practice of rule of law。Discovery by sorting out the origin and development of the rule of law in Europe,Whether it is the rule of law in European countries,It is still the rule of law at the EU level in the European regional integrated organization,The history of the rule of law in Europe fully indicates,The "universal nature" and "characteristics" of the rule of law are opposite and unified,The rule of law is not exclusive to the West,The practice of the rule of law in the West is far from perfect,Socialist rule of law with Chinese characteristics and Western rule of law can learn from each other、Promote each other。

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In Western Context,The rule of law means that when exercising the political power that affects the rights of citizens, it should follow certain principles,The source of these concepts can be traced back to ancient Greece and ancient Rome。In the Middle Ages,Western rule of law has produced some legal concepts that have influence on the development of the rule of law,Especially the concept of personal rights。In the historical long river of the development of the rule of law,This period of history is the history of natural law。After the establishment of the Westpulia system in 1648,Sovereignty State first generated in Europe,The country we have perceived as a country that exists as a political entity,The relationship between the country and the law of nature has changed with the development of society。After the Western Bet365 app download Enlightenment and Industrial Revolution,Politics from the restraint of feudal divine rights and natural law theory,Gradually formed the concept of the rule of law based on the legal system and judicial security that is currently familiar with。

It can be said,In Europe,The rule of law is rooted in ancient Roman Dharma、Middle Ages Religious Law、The World Law after the Natural Law and Enlightenment。After the emergence of the sovereign state,The concept of the rule of law will inevitably implant the domestic law of different countries,Therefore, it develops into different traditions of rule of law。where,Germany、France and Britain are representative legal order in Europe,It is also three different traditions of rule of law。Since then,The rule of law has gradually entered practice in Europe,Start germination in different countries。

  The rule of law is in different times、Different development models according to different national conditions

In Germany,The rule of law initially involved the protection of individual autonomy。But after the failure of the revolution in 1849,The rule of law is gradually defined as a formal meaning,The rule of law is not the purpose and content of the country,Instead of implementing these purposes and contents and characteristics。In the lower 19th century,With the rise of law empiricalism,The concept of basic rights decline,The rule of law has evolved into the principle of legitimacy; at the federal level,The idea of ​​judicial review of legislative measures is not accepted。At the end of the 19th century,The entire German enters the turbulent period,The rule of law will not be able to talk about,Until the end of World War II。

Since the end of the 18th century,The evolution path of the rule of law in France is completely different from Germany。The Constitution is in the center of the development of the rule of law in Bet365 lotto review France。Constitution first and suspected justice was two typical features of the French rule of law after the French Revolution in 1789。but,The continuous changes of the French Constitutional Documents in the 19th Century have damaged the principle of supremacy of the Constitution to a certain extent。After the establishment of the Third Republic of France,The rule of law has become a pronouns for parliamentary sovereignty and legitimacy。France's legal community is not as believed in laws and empiricalism as German peers,But the concept of the rule of law gradually disappears in French legal doctrine,This situation lasted until the 20th century。

In the UK,The concept of the rule of law was the first appearance in the book "Introduction to the British Constitution Research" in 1885,Its proposal was to distinguish the British constitutional doctrine that was popular at that time,To some extent, it is also to distinguish between the concept of the rule of law on the European continent。Since the Middle Ages,The constitutional development model of the UK is very different from almost all European countries.。The author of the book wrote: "For us,Constitution is not the source of personal rights,but the result of personal rights。"" In the author's opinion,Since the essence of ordinary law is to protect personal freedom,There is no need to create a "public law" department for the exercise of political or administrative power to exert legal restrictions on political power or administrative power,Rule of rule of law and other constitutional principles and the principles of parliamentary sovereignty。Overall,Until Britain joined the European Union and approved the "European Human Rights Convention",British rule of law and Germany rule of law、French rule of law、Many characteristics of the rule of law in the United States are different。

bet365 live casino games After World War II,The rule of law has gained new development in many European countries,such as Germany and Italy。Because these countries have experienced totalitarian or authoritarian regime。To prevent the state from entering the state that cannot be re -entered,People have designed many systems。especially,The concept of human rights concepts constitutes the foundation of a civilized society has gained unprecedented attention,In the constitution of many countries and other important legislation,Human rights have been expressed by law。These trends continue to affect our modern understanding of the rule of law。

EU is a young regional international organization,European coal and steel community, which originated in 1952,The evolution has been more than 60 years。The EU's establishment is to solve the division and war in Europe,Promote the reconciliation between France and Germany,Then achieve European peace。At that time, all countries realized,Joint development is the best and most feasible way to realize European peace,It can be said that the EU's goal has basically achieved。The rule of law is an important feature and experience of EU governance。The rule of law is not only a value of the EU,And the European Union itself is also known as the "rule of law community"。As a regional rule of law,The formation and evolution of the EU rule of law has its unique historical background and actual needs,Different from the country's rule of law。but but,Whether it is regional rule of law or national rule of law,All have the basic common commonity of the rule of law。and,Absorbing the beneficial experience of absorbing the construction of the rule of law from the development of the rule of law from European countries,It is the basic practice and logic starting point for the establishment bet365 Play online games of the European Union's rule of law。

  The rule of law is the common pursuit of human beings and is not unique to the West

The rule of law shows the following characteristics in the long historical evolution of Europe。First,Different times and different countries have different or even different understandings and practices of the rule of law,The development process of the rule of law is diverse and twists。Second,Different concepts of rule of law between different European countries and the practice of rule of law originated from different laws、political tradition and development status,Social structure that acts in the actual operation of the rule of law。third,In different countries,The concept and specific content of the rule of law will follow the development of law and politics,and changes in the social structure。Last,Except the original practice of the Athens era,The practice of rule of law in Europe is mainly a story that occur after the industrial revolution。These characteristics are still applicable to today's Europe。

should be recognized,The emergence and development of the rule of law in Europe made basic important contributions to the construction of the rule of law in human society,It is a blueprint for the development and construction of the rule of law in the world。European rule of law does largely define the basic elements of the rule of law,It's just that these elements are just conflicting with the so -called "universal" in the West。As mentioned earlier,The rule of law has obvious diversity、dynamic and multi -dimensional,It is manifested as: first,Different countries,Different times,The development and construction of the rule of law have a strong era brand and obvious national characteristics。Second,In different countries and regions,The concept and practice of the rule of law、The specific content of the rule of law and the way to build the rule of law is not fixed,Even bet365 best casino games in Europe, it is different,No need to be the same,It is even more impossible。third,rule of law in Europe,But the development and construction of the rule of law are not limited to Europe,It is not limited to the European mode。Fourth,If the rule of law has some kind of "common applicability",refers to the common pursuit of the rule of law as humans,instead of referring to the rule of law mode of Europe (West) is suitable for the world,Objectively in the Western model, it is impossible to apply to the world,The rule of law defined in the West is not all of the rule of law,Not the only one in the rule of law。From the perspective of materialist dialectics,The construction of the rule of law is a great practice and historical process that humans continue to transform themselves,It is not just a purpose,It is a means of pursuing "people's comprehensive and free development"。Brief words,The rule of law is the common pursuit of human beings,It is not only the West,It can also be the socialism of Chinese characteristics。

"Decision of the Central Committee of the Communist Party of China on Promoting Several major issues of governing the country in accordance with the law" pointed out,To build a socialist rule of law must "learn from foreign rule of law"。The construction of the rule of law of socialism with Chinese characteristics can learn from the successful experience of European countries and the European Union.。From the end of the Qing Dynasty, I dropped,China continues to learn from foreign in the difficult exploration of the rule of law,First learn Europe,After the founding of New China, turn to learning the Soviet Union。Because these studies have not considered China's real social structure,and the specific legal and political environment of the rule of law operation,Failure bet365 best casino games to bloom in China。The practice of socialist rule of law in contemporary China still has a two -dimensional face that draws on and innovated: it is not only a reference for the beneficial experience of Western rule of law,It is also the inheritance and innovation of the tradition of the rule of law in China,Reference and innovation after breaking the Western rule of law universal myth。

 (Author Unit: European Institute of the Chinese Academy of Social Sciences)

Editor in charge: Chen Jing
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