当代中国公民社会的长成及其法治化

公民社会理论主要致力于公民社会的结构性要素 /特征和法律文化特征 ,以及公民社会和国家之间的关系之研究。通过对社会契约论的重新解读可以认识到经济与国家之间的互动关系将导致第三法域的形成。承认当前我们正经历法律体系从二元结构向三元结构的嬗变 ,确立独立于公法和私法的第三法域的法律地位 ,无疑是理论法学对现实的最佳回应。我们有理由期待公民社会合法性的确立、制度的创新和全新权利体系的架构

The Growth and Legalization of Chinese Civil Society in the Contemporary Era

The theory of civil society mainly focuses on the study of the constructional essential factor and legal cultural feature as well as the relationship between civil society and state. Through unscrambling the social contract theory, we can recognize that mutual movement relationship between economy and state will lead to the making of the third domain of law. It is undoubtedly the best response of theoretical science of law to the reality to acknowledge that we are undergoing an evolution of legal system from duality structure to tri-structure, and to establish the status of the third domain of law, which is independent of public law and private law. It's reasonable for us to expect to establish civil society's legality, innovation of rule and to set up a completely new right system.