Keywords:Rule of law; social orientation; gift; gift; clan; standard effectiveness;

1. Introduction

As a political practice method, the rule of law is humanThe safest and most useful organizational and orderly skills of civilization development to this day are the basic methods of governing the country in modern countries. The openness, stability and anticipated reorganization characteristics of the rule of law determine that the rule of law can realize the healthy transformation of society through the most obvious and efficient methods.

In modern times, the modernization process of all countries in the world, including China, has basically been the process of “legal modernization”, but the actual conditions of legal modernization in different countries are different. [①]

For China, the Confucian tradition has undoubtedly deeply shaped the legal civilization with unique characteristics of modern China, and the modernization of China’s legal system will definitely not be separated from the historical foundation of Confucianism. But what is swearing is that as the essence of China’s traditional civilization, the rule of law contained in Confucianism is often ignored by scholars.

In fact, traditional civilization is deeply integrated into the blood and bones of the native race like a gene. It can be reformed to a certain level with the development of the times, but it cannot be completely eliminated.

In the standard aspect, although the rule of law is not the focus of Confucianism, Confucianism and its Sweetheart Baobaobaobao.com actually contain a profound modern rule of law mechanism. “The real meaning of the rule of law is to limit the power of all political institutions.” [②] The rule of law is the rule of “limiting power”, and this is not fundamentally contradictory to the social vision pursued by Confucianism. [③]

The disagreement perspective will uncover the multi-dimensional rule of law contained in Confucianism. This article takes the “social orientation” of the rule of law as a priority, and then summarizes the unique practical effectiveness of the rule of law contained in the Confucian throne.

In theory, Confucian tribute governance is a concept that later generations have concluded based on the Confucian social management concept. Gift governance is a large social governance project. The normative system of gift governance, namely “gou”, is a social rule formed by the common people and passed Confucianization. [④] Under the tribute rule, “the rules are everywhere, and all human activities are under the constraints of gifts, regardless of whether there are specific rules now”; [⑤]

The actual body of Rongzhi is the clan in the basic society and other social organizations developed and derived from this foundation. The social rules represented by the ceremony, together with other social organizations such as clans, formed the complete face of Confucian eulogy.

The thinking of examining Confucian rule through the rule of law and its actual value is not only because society has a major basic position towards the rule of law, but also because the long-term rule of law construction activities in our country have always been based on the wisdom of national public power, but it ignores the social promotion of the rule of law construction.

2. Clear the theory of the rule of law “social orientation”

“What the rule of law touches is neither the upper level of society nor the few people in society.” [⑥] The participation of the majority of society in the business of rule of law is the social aspect that the rule of law should be well-established.

For the past 18th century, the political party has gradually formed a theoretical or verbal system about a “rule of law society” in the process of building a national rule of law. In fact, the so-called “rule of law society” is exactly the response to the rule of law society.

But until now, the academic community still understands the existence of “rule of law society”, that is, the social orientation of the rule of law, and many students still understand “rule of law society” in the aspect of the country managing this law in accordance with the law. After the Fourth Plenary Session of the 18th Central Committee of the Communist Party of China, the rule of law society has not received detailed descriptions from scholars.

It can be seen that in the above-mentioned scholars’ expression, the society of the rule of law was always understood to regulate and control society from top to bottom according to the national regulations, but the importance of the regulation and control effectiveness of the rule of law is to the national public power rather than society.

The rule of law has dual goals, namely restricting national public rights and protecting national private rights. The “limitation” goal of the rule of law can naturally be realized through laws and regulations on the binding of public power, but the single dependence of national laws to control society lacks the goal of achieving the goal of maintaining private rights intact.

Because, “the so-called rights means that the subject can actively perform certain actions, or may not perform certain actions by the person seeking rights”, [⑦] In other words, the actual exercise of rights is in the exercise of rights, rather than the blindly passive acceptance of regulations or control of rights subjects.

Therefore, the rule of law society cannot be simply interpreted as the state’s public power to govern society in a single dimension, and its actual quality should be “social governance of society”, that is, social autonomy.

From a scientific point of view, the ultimate effectiveness of the rule of law is to meet the society’s needs for orderly careers, and even the rule of law is a social order.The existence of order and social relations determines that the rule of law must contain social orientation, and society is the true mother of the rule of law, and the rule of law does not take serving the state’s public power as its responsibility.

As Marx said, “Social is not based on decrees. That is the vain imagination of jurists. On the contrary, decrees should be based on society.”[⑧]

(Marx)

Therefore, “the first condition of modern rule of law is that it must be based on social autonomy.” [⑨]

The social orientation of the rule of law in the normative sense is “referring to the benign an