What is the role of the rule of law?

First, maintain the function of existing social relations.

The function of safeguarding and maintaining order

The maintenance and guarantee of a certain social order requires various mechanisms. The most obvious way for law and the rule of law to maintain and support order is to make people anticipate each other's behavior and arrange their own behavior along the set track through the declaration and guidance of norms. At the same time, when the established rules are violated, the law will respond, standardize and punish the illegal subjects. When the rights are infringed, remedy according to the established channels and procedures, restore the established order and reduce the disturbance to the people.

Modern law and the rule of law not only adjust the various behaviors of social subjects, but also adjust their own operation. This mainly means that the formation and operation of Buddhism are arranged by established rules and procedures. There are corresponding legal provisions on how to form and confirm rules and how to apply them in administration and justice. Through such an institutionalized movement, the legal system is constantly replicating itself and the legal order is constantly being replicated. Through the adjustment of society and itself, the legal system can standardize and order the society, reduce disorder and chaos, and prevent turbulence and impact.

(2) the function of protecting rights and ensuring social vitality.

In a society, if people wear uniform clothes, have the same language, have the same pace and posture, and have the same thoughts, people will find that this is a very orderly society, but it is not an ideal society, or even a normal society. Society must have both order and vitality. Only in this way can a society have order and vitality and the potential for sustainable development. By protecting property rights and transaction security, the law makes the society more energetic economically and people's enthusiasm is mobilized, which will produce a large number of material and spiritual products. This is the advantage of ruling the market economy by law. In the economic field, as in other fields, everyone's freedom is guaranteed, and everyone becomes the main body of active activities, so that society will have vitality and stamina.

The rule of law is to protect the rights and freedoms of each subject. Through this kind of protection and tolerance of social diversity, the rule of law can stimulate people's enthusiasm to give full play to their potential, thus stimulating labor and creation and promoting the continuous development and progress of society.

(C) the function of safeguarding and restricting democracy

Modern rule of law is often associated with a certain degree of democracy. Democracy and the rule of law are both important contents of modern national construction. Democracy is one of the spiritual aspects of the rule of law. Without basic democracy, the rule of law can not be perfected and developed. The rule of law is the guarantee of democracy, and democracy needs the regulation and guidance of the rule of law, and it also needs the restriction of the rule of law to prevent the irrational elements of democracy from flooding. The rule of law designs the track of democracy in a rational spirit, provides a clear boundary for the scope, procedure and effectiveness of democracy, and prevents and adjudicates disputes in democracy.

At the same time, the authority of the judiciary can also limit the restless factors in democracy. If the authority of the rule of law in a society has not been established, the great leap forward of democracy will probably not benefit from democracy, but the disputes and harms caused by it will flood.

(D) The function of legitimizing the established political order

A certain political order certainly needs the support of coercive force. Legalization is the most important non-violent support mechanism needed by political order. Weber, a German thinker, believes that the traditional ruling order has several legalization mechanisms: traditional, attractive and legal. The traditional legalization mechanism means that the legitimacy of political order is established through tradition, such as the consistent system of succession to the throne. Charming means that the legalization of this order is based on the extraordinary charm of the leader, who is similar to Christ the Savior and has great attraction and appeal. Weber believes that modern society has disenchanted, and the charming legalization mechanism is difficult to last even if it exists; The traditional legalization mechanism cannot be continued because of the arrival of the rational era; The rule of law meets the needs of modern society. The legal system with rationality as the core is above the society and becomes a recognized authority, which legitimizes the current order. This legal rule is actually the rule of law. The authority of law replaces the authority of individuals, that is, the rule of law replaces the rule of man. When the authority of sacredness and tradition declines, it is natural and necessary for rationality and rule of law to take its place. Two. The function of adjudicating disputes and upholding justice

(a) Providing the function of an authoritative dispute adjudication mechanism

The adjudication mechanism of social disputes is diverse, and judicature is final and authoritative in the dispute resolution mechanism, which plays a guiding and correcting role in other dispute resolution mechanisms. If major social disputes can be resolved peacefully and reasonably by the judiciary, and this solution has great authority and can be accepted by the whole society, then this neutral great authority will become the ballast stone of a society, which can ensure that the society will not be chaotic in the face of "disputes" and the overall situation will be stable. The higher the authority of the law, the more fully this role will be played.

(two) the function of coordinating interests and values and safeguarding justice.

The law recognizes important interests and protects legitimate interests, but the difficulty is that interests often conflict and overlap with each other. Therefore, it is an important task of the law to coordinate various interest relations and clarify their priorities. The legal coordination of interest relations inevitably involves various values, such as freedom, equality and order. All kinds of values are in their proper places, forming a harmonious relationship between existence and existence, which is what people call justice.

Law has been closely linked with fairness and justice since its birth. The rule of law promises the lowest degree of justice, and the rule of law with the narrowest connotation also requires the authority of rules and equality before them. Normative adjustment itself is to treat the same people and things equally, which is the minimum equality. The adjustment of norms also gives the actor a certain freedom of behavior, which is consistent with the nature of human pursuit of autonomy. Normative adjustment is also less arbitrary and arbitrary, and its predictability can make people who bear its advantages and disadvantages avoid it. After a long evolution, the rule of law has formed a complex mechanism to discover more facts and accommodate more adequate reasoning and rational argumentation. Although the rule of law is sometimes beneficial to the strong, if there is no rule of law, the situation of the weak will be even worse. From this point of view, the rule of law is the balance of power between the strong and the weak. In the pursuit of a certain degree of substantive justice, the rule of law can give more than the rule of man.

(C) enrich the functions of the existing ideological system

It is ideology that is accepted as correct without argument and thinking. This is a brief definition of ideology. The nature and level of the rule of law vary from country to country, but the rule of law itself has almost gained global recognition. People think that the rule of law is good and should be implemented, which shows that the rule of law itself has become an ideology. Ideology has the function of defending and solidifying the established order, and the rule of law actually has this function. The ideological function of the rule of law here does not mean that the law protects the existing ideological system, but emphasizes that the rule of law itself is an ideology with the characteristics of being easily accepted and not questioned.

Western scholars believe that the rule of law is neutral, non-political and has nothing to do with ideology. However, Marxist classical writers believe that capitalist law has ideological attributes and plays a role in sanctifying the existing order and covering up its essence of exploitation and oppression. The rise of western critical jurisprudence in recent decades also reveals the non-neutrality of the rule of law, which is regarded as politics and ideology in the cloak of neutrality. Undoubtedly, the above viewpoint is reasonable and profound. However, from the point of view of stabilizing the existing order, it may be more realistic that if a country or order has a certain degree of progress and justice and its existence is reasonable, then its related ideology has positive value as a whole.

The rule of law is an indispensable myth in modern society. It deifies the existing social structure and order. The introduction of the rule of law can enrich the existing ideological system, make ideology more flexible and resilient, and improve the security of ideology.

(d) The function of inheriting history, protecting and developing civilization.

Pound, a famous jurist, believes that in order to maintain and develop civilization, we must strive to control various conflicting needs and interests. If we don't coordinate and control all kinds of desires, civilization will stagnate or die out, because this will lead to either excessive consumption and failure to accumulate, or lack and lose the enthusiasm for labor and creation, or mutual destruction in mutual struggle. The mechanism of restraint and coordination can be custom, religion, morality and law.

Among all kinds of mechanisms, law appeared at the latest, but it developed rapidly until it became the dominant coordination mode and means. Since modern times, legal culture has generally developed into the rule of law in the West. The rule of law has quickly become a global popular discourse. Man built his own house and lived in it. People make their own running AIDS and then use them to achieve higher speed. Law and the rule of law are such artificial facilities, the externalization and crystallization of subjective forces, and an important way to objectify people. As objectification and externalization, the legal system is also a springboard for human development. The rule of law is a kind of human civilization, and at the same time it can accelerate the progress of civilization. Law and the rule of law maintain and accelerate civilization. It translates, expresses and preserves human experience and wisdom, and spreads and expands them. At the same time, as the result of objectification, it has the characteristics of concrete existence beyond time and place, and it is the third world besides material and spirit: culture. This is the system and institutional civilization. In this way, legal civilization can be handed down from generation to generation, spread in space, and become the object of people's respect and "worship"