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in our country through a number of important historical period of development, the exploiting class as a whole class has been eliminated, economic development, countries and the whole nation has become the overwhelming task of future long-term; in the international , the end of the Cold War, peace and development have become the two major theme of modern society, the international cause of peace and sustainable development of human society, which is not a class, which class or social system which the State or a political party which can separate commitment and implementation, she says, but the entire society, the task of the world and mankind and the pursuit of the goal. Therefore, the process of modernization in the law, legal norms should play a universal feature of human behavior, and to the broader organization of social forces to maintain peace and achieve development in the great cause must be sought to reflect the common needs of the whole society, and pursuit of social equity, justice and freedom as the goal, play down the political ideas and ideological infiltration of law, strengthening civil law and common social functions.
(b) the process of legal modernization in China, improve the legal effectiveness of containing concept of justice is essential to the legal concept of modernization. This is actually the law and general civil society to further deepen the sexual function.

in this day and age, Marx pointed out long ago: to clearly tell us that democracy and rule of law in modern society, the law should be the law of all citizens, protect their legitimate rights and interests of citizens and public interests of the weapons. The law should not only will the performance of which class, which not only protected class, which party or which personal interests, but should be concentrated expression of the will of all citizens, is shared by the whole society is to protect the interests of all citizens . Only in this way in order to be citizens to voluntarily comply with the law, the law can play its due role in achieving their social benefits. However, in Chinese tradition, the legislators, government officials, Law Home, talking about ordinary people in the law, often just take it as a tool for domination and dictatorship is the . So the law of the diaphragm caused by people, tired of First Instance, to the right pressure method, the statement on behalf of the law to made legislation to repeal the laws and Yanchufasui words such abnormal phenomena, and strong political aim of the law, to serve economic and social function is impaired. The nature of the practice against the law, making the law can not achieve its true purpose and effect, in essence, is no law, advocacy of

clear from the civil law and common social functions in the socialist market economy, social relations gained broad social base and material strength. This is the law in the process of modernization must first be recognized from the concept, but also in practice, should grasp and make full and complete.
in accordance with the view of development economics, economic and social forces are always present in the system and the occurrence of interaction between political arrangements, institutional structure in the expansion of the role of human choice is very important, and expansion of human choice is economic development a basic goal. System through the influence of human choice availability of information and resources, by shaping the power and the transactions through the establishment of the basic rules of society achieved. System innovation by providing more efficient ways to organize economic activity and contribute to development, and these channels often lead to the economic base of the adjustment. In any economy, the neglect of effective policies or legal system encourages inefficiency, distorted economic growth; re-effective policy or the legal system is just the opposite. School system representatives famous Ronald Coase in his famous Coase that the purpose of the law is to eliminate and reduce transaction costs, in legislation the right to arrange a choice of ways to make the transaction costs to a minimum to achieve the maximization of resource allocation. The economic role of transaction costs, different legal systems will bring a different economic benefits, the more necessary to consider the legal costs, in order to achieve maximum benefit. For the specific rights and obligations, the rights or obligations whether the division of the boundary was clear and direct impact on the rights or obligations to achieve the cost and efficiency. When the rights or obligations of the fuzzy boundaries, the increase in disputes and litigation, protection of the rights and achieving the resulting increased costs, and even lead to the subject of rights waiver so that the main obligations escape sanctions or restrictions, resulting in social inequality and wealth waste; contrary , when the rights or obligations of a clear boundary, the lawsuit is expected to have reliable security, the realization of rights fees and costs will decline, or maintain the right to gains greater than zero. Therefore, the legal rights and obligations of the operating costs of the clear contribute to minimizing the cost to achieve revenue maximization, in turn, maximize the benefits to ensure that the law must be clearly limits the rights or obligations.

the traditional political and harsh sanctions or punitive, very few explore the effectiveness of the law, not to mention the law or pure economic efficiency of the economy. This mindset has become a modern concept of legal barriers, need clear, from the deep structure of the concept of strengthening the effectiveness of Chinese law includes fair view.
The modernization of Chinese legal concepts (below)

Third, the modernization of Chinese legal concept of the basic orientation of modern Chinese law is a rich, covering a wide range of systems engineering, its structure, not only marked the modernization of society as a whole legal system, also marks the legal concept of the whole community modernization. Modernization in the system, including legal created both processes (legislative level) of the modern, and including legal action process (law enforcement, judicial, law-abiding level) and the realization of the modernization of the law. Comrade Deng Xiaoping pointed out: embodiment of. However, the system was not spontaneously generated, it is enacted by the people, need people to perform and achieve. People as the creation and operation of the legal system the subject of legal modernization is the most critical and most active factor. Thus, to enhance the legal concept of the law on the modernization of China's problems in the proper meaning. Proved modernization of the law is not law-making, law enforcement, the result of isolated movement, but closely linked with the modernization of the legal concept, indivisible. If there are no thoughts and ideas of modernization, even if the economy further developed, the material and then rich, then more detailed laws and regulations, it will not appear on the real modernization of the law. Canada's former Foreign Minister Dr. Make Mai Gui Root said: levels of legal concepts have this function, then, in the form of rational knowledge, not to mention the legal concept. Lenin made it very clear: Therefore, the process of legal modernization in China, so that all citizens and society as a whole, the macro perception and grasp the essence of Chinese law and the law of development, and promote the modernization of the legal concept, has become an indispensable prerequisite.
the discussion on the legal benefits, not Richard Posner began in the law school of economics represented. In fact, Marx pointed out long ago: human basis of all other social activities; of material production is the basis for human survival and development, determine the composition and development of social superstructure. Law as a form of superstructure, resulting in economic activities and economic activities among the services, but also to ensure that the benefits. As Marx in the and reflect that any law has deep economic roots are to a certain degree of social and economic basis for their material existence. However, this dependency is not a one-way, the law on the promotion of healthy economic development function, and its many variables and economic factors interact with the complementary relationship. Moreover, the existence and development of society there are two basic premise, namely security, the second is security of supply of material goods. Law to provide protection not only for safety, but also for the production of information material to provide protection to guarantee the normal supply of social life. Can be seen, the law on social and economic role in promoting not only suppress the hostile class,[link widoczny dla zalogowanych], protection of property ownership and economic existence of the static, more important aspect is that it guarantees the increase of social wealth, that is to ensure economic efficiency as a function of the law based Therefore, the law should not be limited to maintain fair and just focus on the need to establish a proper view of the benefits, in particular, can not ignore or deny the economic benefits of the law. Mira Ge Liya Italian jurist pointed out: noted that the laws of economics, as it does the legal and legislative dominated much of the object. wealth of the country each year plays a role in the natural process of reproduction. principles. This is from the school system,[link widoczny dla zalogowanych], as evidenced by the rise and development. Socio-economic growth is inseparable from the evolution of the legal system. The central issue is economics pursued in economic activities to less expensive to obtain greater efficiency. The input-output (or cost - benefit) mode is not confined to the economic field, by extension, it is also suitable for areas of law. value, cost benefit analysis spread, from the 1960 Coase, Risk allocation and some think of tort law an important seat, Governments increasingly accept the benefits and importance of law concept, such as the Reagan era the U.S. government through the Presidential Decree No. 129 to require all new regulations enacted to
(c) the process of legal modernization in China should also grasp the concept of power from the standard changes to the right standard. This is closely related to the first two legal concepts, is the inevitable result of the development of their deepening. In turn, the establishment of rights-based philosophy, but also for legal citizenship and universal social and legal effectiveness of the enhanced features to enhance the social basis for further lay the reality.
in China, from the ancient China has long insisted the new socialist economy is the planned economy of the error theory and practice, over-emphasis on national public authority as the center of the Civil on the private rights held extremely negative attitudes, a variety of private social relations were included in the system of direct state control and to obey the relations of power manifested a lack of equality between autonomous right environment for growth and development. And because the commodity economy developed, the natural loss of the economic foundation of private law. By Lenin, together with public and private law issues on the discussion of the individual, accustomed to the division of public and private law and the demarcation of the social system equated the basis of private law is that private ownership, making private law concepts in the theory and socialist countries lost their political support. So, and the lack of the right to operate independently, causing corruption in government agencies and social reform very difficult, the executive power can not play a role in the full exercise, and should not be penetrated in the This situation is with modern society and market economy incompatible.
socialist legal pursuit of the ultimate purpose of objective law also called for gradually dilute the political ideas and class ideology. Marxism, socialist society and socialist laws to eliminate class differences and class oppression, the coordination of social security benefits and all social justice and equality as their responsibility. Therefore, whether legislative, judicial and law enforcement should be set up legal services to citizens and society as a whole concept of the universal function. After elimination of the class should play down the political and class differences in the performance of the law, socialist law in order to facilitate the realization of the ultimate goal. Moreover, the law will of the ruling class as a pure expression of the proposition is simply incompatible with objective reality, Especially in China's socialist market economy, the system of exploitation and the exploitation of class as a whole no longer exists, all citizens are members of the state and society, should not be read to the members of society into rulers and the ruled , even if the socialist relations and undermine the interests of criminals, nor is it natural or already doomed, but the first socialist country of citizenship to exist in society, but because of acts in breach of the law until after the socialist become criminals. In this case, if the will of the ruling class will still be legal as the performance and life in the law blindly adhere to In fact, modern civil society, all citizens become the basic unit of national and social circumstances, with a fictional premise of the theory, though we can still talk about who is the ruling class and the law will represent the ruling class and the law only to maintain the interests of the ruling class, can in fact, apart from in life, who can distinguish between illegal and criminal, and who abide by the law, but who can really distinguish which one is the ruling class, which is what the ruling class ? Are often distinguish between the popular concept of the division is not only a lack of foundation in reality,[link widoczny dla zalogowanych], but incorrectly classified on the same political ideas,[link widoczny dla zalogowanych], applied to the law, artificially create paradox; both as a ruling class of citizens has been the ruling class as . Objectively, in modern society, the law no longer advocates the exercise of the ruling class to maintain the rule of the functions of the class struggle as the main task, but give full play to the protection of economic construction and maintenance of the interests of all citizens, such as the role. Is very sharp in the class against the social form, the law is not simply the will of the performance of the ruling class, because the ruling class will not be completely excluded the influence of other classes and constraints. Throughout the history of the evolution process of the law, the rulers in order to maintain long-term stability, in its legislation does not completely rule out the ruling class interests and demands, which in feudal society and the laws of capitalist society in both the performance. Therefore, in the socialist countries, but should let the law reflects the will of all citizens, not take it as a small number of people or those in power Civil law and the universal essence of social function is: Which law is not because of class, political party or individual standing came to power, nor by which one class, political party or individual to step down and waste, must protect its constancy, even if Reform must also be community based on the objective conditions of material life, any person, any class, any political party must be within the scope of the law, or to only a certain class, political party or a ruler of the law, and can not be called all citizens of the law or the laws of society as a whole. Thus, if the rulers of the law will be interpreted as pure performance does not reflect the will of all citizens, then the implementation and maintenance of the law will not be treated as citizens within their own things, the development of laws and regulations have more then fine only will be futile, can not really put into practice, and even into Reflect the status of implementation of the law, more generally, there's and compliance with the crux of the situation is not ideal.

study of history since the founding of new China, before the Third Plenum, plans monopolized all economic life. Although little change since 1978, but the party's congress to establish a socialist market economic system goals before the planned economy still dominant. Requirements of the planned economy of the instincts of the supreme authority of the executive power. Because this economic system and operation mechanism mainly depends on the administrative powers over the economy to promote and manage the operation of the entire national economy. As a result, power standard prominent right is the power absorption and ablation. Producers without their own independent identity, separate and independent property rights and the will of the economic interests of producers do not actually occur between the main horizontal relationship, but rather with the higher levels and government departments under the vertical relationship of all major economic activities are in a command or run under the domination of power, enterprises, organizations, individuals and all economic decisions are not self-freedom. Together by the kind of all-encompassing plan to recognize the interests of each individual is only included in the common interests of all members of the recognition of being, and no one special recognition to the interests of pluralistic society is absolutely the same, unified, completely deny the right of individual autonomy. State or Government authority to corporate rights, civil rights, absorption, resulting in Its drawbacks and consequences have been more than 40 years in China's economic construction in the performance was very obvious. We can say that the past failures and loss of economic development is not caused by workers or peasants, but not because they caused their own abuse of civil rights. The emergence of severely limits the realization of the rights of citizens. Therefore, in the process of building a socialist market economy, rule of law to establish a modern society,[link widoczny dla zalogowanych], we must focus on standard of right and continue to enhance its status and role. Because the citizen is a natural person, the person as a fully self-awareness and behavior of the expected high-level creatures, is the productivity of the system Human Resources the composition of the main body, constitute the basic unit of legal persons is the most basic of productivity, the most active and most revolutionary factor. Only the social rights of workers to exercise the rights and benefits set a clear, positive protection, enthusiasm for production workers will increase and economic organizations have vitality. Society to development and progress, the power of state and government must build on civil rights, based on the reverse of the fundamental justice, strengthen the unequal distribution of rights, leading to bureaucracy and corruption.

view on the effectiveness of the law, long-term there are two opposing views: one is the The former is the law only as the embodiment of justice and negating the value of the other objectives of the law. This is a traditional point of view, long accustomed to think of the legal rules of social justice and equity objectives to achieve the only means to ignore and even reject the benefits of the rule of law objectives. Most people, especially lawyers only as to the role of law is to provide justice. This idea of China's socialist market economy today is still a great market. The u>. According to this idea, then replace the legal language can be cumbersome as the excess lost. Posner even notions of fairness as the expression of purely personal preferences, the application of the law claim it is more efficient to replace the concept. This view became the rise of the seventies representative of the legal school of economics known theme of Posner works, but too radical and utilitarian with a clear color. Such an argument, since the theory of the law school of economics was introduced into China since the early eighties, many voicing support for those who have sprung up. Regardless of the legal effectiveness is still holding an overall negative attitude towards the overall positive attitude, are one-sided, extreme metaphysical point of view. In fact, the nature of law is the pursuit of justice, and efficiency goals are implicit in the law the legal nature, must not be definitely a negative one. The process of modernization in the law, the pursuit of efficiency targets included just law has become an inevitable trend. Because of legal benefits not only the law itself has aspects of social equity and justice, but also the economic benefits within the law and the social and economic relations as adjusted net economic benefits arising from (or efficiency). When we look at the modernization of Chinese legal point into the issue of the effectiveness of the law, then, the inherent nature of legal knowledge of features and functions will have a revolutionary leap, law enforcement will be more solid and effective.
(a) the process of legal modernization in China, we must first have the legal nature and function of a scientific, objective knowledge and grasp of the concept gradually fade from the political ideas and ideology of the Legal System strengthen the legal citizenship and universal social features.

we all know, the famous Roman jurist Wuerbian by public and private law first proposed the idea, he thinks the law is to protect national interests of the public law, the legal protection of private interests of a private law. Wuerbian this belief has been the sixth century Justinian Imperial With the medieval feudal capitalism negated the distinction between public and private law as the basic principles of modern law and legal order of the basis has been further promoted and the bourgeois legal system and was later recognized as One of the important division. legal norms and institutional reality, only the private law and the legal system has become the basis for them to rebuild. Common law in the evolution of the process, to improve the old common law system, in use and draws a large extent by the concept of public and private law, as a trend of modernization of common law.

(d) If the process of modernization in the Chinese law, legal concepts must be based on the realization of the power shift to the right standard, but in practice is feasible, then the process of modernization of the legal system, subject to civil and commercial law for the advancement of private law legal concepts should be the modernization of China's basic orientation of another.

the functional requirements of market economy, respect for rights-based standard, where not prohibited by law citizens can do, not free of state and government interference; Similarly, where the law does not mandate, the Government has the right to do . This, along with the establishment of socialist market economic system and the modern rule of law to speed up the process of social construction, more and more people pay attention and gradually dominate social life. Can be said that the modernization process of Chinese law, mainly the full realization of civil rights and the process of complete liberation of human personality. Rights-based improvement is conducive to personal freedom and security of citizens, legal status, economic development is the most direct, most powerful driving force. The dominant position of disregard for civil rights is very easy to lose the economic development of the internal energy. The expense of the rights-based economic development lack the necessary social infrastructure. However, in the emphasis on rights-based, you must be careful not to be one-sided understanding of the individual rights-based, it should contain the meaning of rights-based society, because any individual's right to exercise all the interests and shall not infringe the interests of society, otherwise, no way to talk about rights-based, rights-based society will not only damage, and personal right standard will also be destroyed.

the establishment of socialist market economic system is a huge system transformation, is a revolution. To plan for long-term living mainly in the economic environment of the Chinese people realize the concept of conversion or mind-particularly important. The full realization of the legal concept to the supremacy of law by the supreme power, by the power of the concept of standard changes to the right standard, is an inherent requirement of modern Chinese law.

However, with regard to fairness, justice and efficiency, the efficiency of the relationship, has been a troubled jurists, economists, philosophers, and Sociology home global problem. Since the first American economist Okun put forward the difficult to justify, at best, a scene is just a temporary expedient, there is the risk of poor prognosis. Therefore, the urgent nature of law within their own start, revealing the inherent regularity of legal development, the effectiveness of inspection on the macro level, efficiency and fairness in the benefit of substantially all of the. Enhance the fairness of law, justice, and also in the process of actually improving the effectiveness of the law, in turn, strengthen the effectiveness of the law also in the deepening of fairness, justice, namely the one hand, the deepening of the legal benefits includes equity, justice, development, and the other On the one hand the law of pure economic efficiency, especially (or efficiency) improvement, is equity, justice and lay a solid material foundation. Therefore, the rule of law in modern society, the law has to be subjective and objective uncertainty with a fair and predictable, objective to be achieved organically combined, in particular, just to make their own laws with effective target taken to infiltrate our country all aspects of the operation of specific laws. Because / P> All in all, the process of modernization of Chinese legal concepts to enhance the legal effectiveness of a just view of embedded, it must pay attention to the diversity of the legal benefits, economic benefits must not be legal (or efficiency) as the only value orientation, ignoring fairness (justice), the most intrinsic nature of goals, let alone the two against each other. Legal system should be beneficial not only to maximize economic benefits, or that maximize the benefits of social resources, and must adjust the conflict of interests of all social groups to achieve social fairness and justice for the mission.

Buchanan's public choice theory also showed that: the human political, economic, cultural and legal activities, are all human beings to achieve specific objectives for a social choice behavior, legal activities and economic activities there how the best way to select and implement a reasonable means of targeted problems. The Law and Economics that all legal activities and all the legal systems in the final analysis there an effective use of natural resources, maximize the wealth of society, namely the cost of the same or a larger income gains at the same time minimizing the cost expenditure. This naturally reminds us to attach importance to the effectiveness of the law, from the dynamic grasp the true meaning of the law and the law, focusing on the parameters of the system variables, time dimension and the relationship between the system state in order to achieve dynamic balance inside and outside the law to adapt to , and seek to maximize efficiency. However, the effectiveness of the law must not be simplistic goal, such as the legal reference and transplantation, copying, according to State law sets his model, the surface low cost, cost-effective, but in the end because of price. In short, the legal benefits of economic considerations and the pursuit of short-term effects can not be one-sided, short-sighted from a fundamental view is the lack of economic rationality.

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