I. The meaning of the rule of law
Governing the country according to law is the core of the socialist legal system construction, and it is also the primary issue for China to enter the development of modern market economy. The newly revised Constitution puts "ruling the country according to law and building a socialist country ruled by law" into the fundamental principle and general plan of the country, which makes China people pay attention to the rule of law and think about the opposition between the rule of man and the rule of law and its disadvantages to China society. It can be said that the discussion on the rule of law is not only a hot topic. More importantly, it reflects the trend of the times and the wishes of the people. It is also a summary of historical experience and lessons. In front of it, everyone, including ordinary citizens, scholars and even those in power, must pay deep consideration.
(A) the concept and meaning of the rule of law
At present, people have done a lot of research on the rule of law and given many definitions. The reason is that the rule of law is indeed a very complicated issue, and we can have very different understandings from different angles. The concept of rule of law can be said to have been put forward and demonstrated by ancient Greek thinkers and China thinkers in the pre-Qin period. Since then, thinkers of all ages have spared no effort to explore the rule of law.
The word rule of law is "rule of law" or "legitimacy" in the west. Aristotle, an ancient thinker, first put forward the concept of rule of law, which has two meanings, namely (1) "established laws are universally observed"; (2) "The law that everyone abides by should itself be a well-formulated law." In fact, this definition summarizes two obvious characteristics, or two most fundamental signs, of the external form and internal meaning of the rule of law. First of all, the rule of law requires laws that have been formulated and people to abide by existing laws; Secondly, this law must be good, not evil, backward, cruel and hierarchical.
Generally speaking, the rule of law can be summarized as five aspects:
1, the rule of law is a macro strategy and a system, means or principle of governing the country according to law. In this sense, the rule of law is generally defined as "ruling the country according to law" or "ruling the country according to law". Literally, the rule of law is first of all opposed to the general plan of governing the country by people. The former emphasizes the role of law, and "people generally abide by good laws". Among all kinds of social control means, law is chosen as the main social control means. The latter emphasizes the role of people and mainly chooses wise monarchs and officials as the means of national operation and social control. Since "ruling the country according to law" was written into the report of the 15th National Congress of the Communist Party of China, the basic formulation is to regard ruling the country according to law as "the basic strategy of governing the country" and "an important guarantee for the long-term stability of the country". The report pointed out: "Governing the country according to law means that the broad masses of the people, under the leadership of the Party and in accordance with the provisions of the Constitution and laws, manage state affairs, economic and cultural undertakings and social affairs through various channels and forms to ensure that all state work is carried out according to law." (See Shen's Textbook, page 220)
2. The rule of law is a rational principle, that is, after the law is enacted, the activities of any individual and organization should be bound by the legal rules, and no individual or organization may violate the legal rules for any reason. In this sense, the rule of law is called "doing things according to law". There are two points to explain here. One thing is that the rule of law is rational because it is a rule that people set in advance according to their own will, and it is stable and continuous. Universality and unity are not affected by personal will and feelings. Second, the rule of law in this sense mainly emphasizes the legitimacy and authority of the laws that have been formulated. As long as it is an established legal rule, that is, the current legal rule, all organs and individuals must abide by it. In other words, it pays attention to the external manifestation of law rather than the internal value, regardless of whether the law is "good law" or "evil law". Individuals and organizations must abide by it. Although some people criticize that understanding the rule of law in this sense and observing evil laws (such as fascist laws) are destructive to the value of the rule of law, before the law, only by making the form reasonable first can we achieve substantive rationality. Modern laws are often elaborately crafted and embody the spirit of fairness and justice, so "acting according to law" is also the basic requirement for the establishment of the rule of law.
3, the rule of law is the embodiment of political democracy in the legal system, is a democratic legal model. In this sense, the rule of law and the rule of law are both related and different. Judging from the relationship between the rule of law and the legal system, these two concepts were once confused, and later some scholars distinguished them. (1) The legal system is mainly a static concept. The "system" of the legal system refers to the system, which often refers to the existing laws of a country or a region. In a dynamic sense, the legal system refers to the legal formulation and implementation process of "there are laws to follow (premise), there are laws to be followed (key), law enforcement must be strict (requirement), and violations must be corrected (guarantee)", which is called the 16-character legal content. (2) The rule of law is related to the concept of democracy, which is the embodiment of a series of democratic principles, democratic systems and democratic procedures in law. This system can be very advanced in legislative technology or relatively backward and cruel. Without the spirit of democracy, there would be no rule of law, leaving only a legal system used as a tool. For example, in feudal society, we say that it did not realize the "rule of law" in the modern sense, but it does not mean that there was no "rule of law" in feudal society. At that time, the legal system was also the main means for feudal monarchs to govern the country. But because the monarch is above the law, the law comes from the monarch, and his words are greater than the law, so it is impossible. The combination of legal system and democratic system will serve democratic system, such as socialist legal system. With the development of world civilization, most countries have abolished the autocratic system, and the implementation of democratic system will make the rule of law a democratic legal model. Therefore, in the contemporary sense, the concepts of rule of law and democratic legal system are common, but the legal system can never be common with authoritarian legal system. For example, we can say that the realization of socialist democracy and legal system means the realization of "rule of law", but we can't say that during the period of slavery and feudalism.
4. Rule of law is a civilized legal concept or legal spirit. In this sense, rule of law is called "rule of law principle", "rule of law concept", "rule of law belief" and so on. The spirit and concept of the rule of law mainly include: the supremacy of law, legal equality, power restriction, right standard, due process and so on. On the surface, the rule of law requires good laws and the implementation of such good laws, but it is a symbol of legal civilization, a product of human progress, and it is associated with a series of recognized values. On the other hand, if people do not accept the spirit of the rule of law such as fairness, justice, freedom and rights, but maintain the value standards of hierarchy, privilege, oppression and power, even with good laws, it is impossible to realize the rule of law.
5. The rule of law also means an ideal social state, which is called "the society ruled by law". The realization of the rule of law will eventually be reflected in the existence of certain social relations and reasonable and standardized social order. If the society is unstable, wars are frequent, and people's interests are not reasonably distributed and adjusted, it cannot be said that the rule of law has been realized. An ideal society should be one in which laws can restrain the management and operation of the state and coordinate the power balance of state institutions. It can regulate the behavior of the government and citizens, thus avoiding fierce conflicts, ensuring that the legitimate rights and interests of various interest groups are not infringed and maintaining the normal operation of social life. When the formulation and implementation of laws ensure this ideal social order, we say that the "rule of law" has really been realized.
(2) The development history of the rule of law and the difference between the rule of law and the rule of man.
There is a long-standing debate about the rule of law and the rule of man in history.
(1) Confucianists and legalists have different views on the rule of law, and the core of the debate is whether to rule by man or by law. Confucianism advocates the rule of man, or the rule of virtue, and holds that the country should be governed by a wise monarch or a sage with noble moral quality through moral influence and restraint. Because of this, the representatives of Confucianism have fully demonstrated, such as: "Tao is the government, the people follow it, and they are shameless." Law makes people have no sense of shame, while courtesy makes people not only know shame, but also have rules. On the contrary, Legalists hold that only those who hold state power can govern the country well by formulating and implementing mandatory laws. For example, Han Fei asked the rulers to "rule by law without virtue" and "rule by saints, not relying on others to do good things for me, but using them to do bad things".
(2) Ancient Greek thinkers also argued about the rule of law and the rule of man. The core of the debate is whether to implement the rule of "good law". Their exposition on the rule of law is mainly related to natural law, conscience, fairness, kindness and other philosophical and political ethics concepts. The rule of law is only a part of its huge political thought, philosophical thought and ethical thought. Among them, Plato is a representative figure who actively advocates the rule of man. He believes that if there are no "saints" at the same time, he will despise the role of the rule of law and oppose the legal restraint of "excellent people." Contrary to Plato, Aristotle, the most famous Greek thinker, believes that "the rule of law should be superior to the rule of one person" on the grounds that the rule of law embodies rational factors and is not affected by all passions; Rule by man cannot exclude animal factors. Although there are the best sages, it is inevitable that there will be ruling bias. In ancient Greece, an earlier and relatively developed practice of rule of law was carried out in the history of the world, which was the establishment of slave democracy in Athens. From Solon's legislative reform to Pericles's Constitution, Athenian democracy was maintained. It is different from autocracy, it is a system in which a large number of rulers share state power.
(3) In modern times, the dispute between rule of law and rule of man is mainly manifested in the dispute between democracy and autocracy in the field of political system. The core of the rule of law is decentralization and power balance. Because the rule of man places the governance of the country on a wise monarch, it actually supports the monarchy or oligarchy, while thinkers who advocate the rule of law criticize and criticize the autocratic monarchy. Aristotle once pointed out: "under the monarchy, if the heir is a mediocre person, it will inevitably endanger the whole country, but under the condition of the rule of law, this problem will not happen." He also said: "Most people are less prone to corruption than a few." In the 8th century, bourgeois enlightenment thinkers always linked the implementation of the rule of law or the rule of man with the political system and the state system. American thinker Paine declared: "In an authoritarian government, King China is the law, and the same is true. In a free country, the law should be king. " Rousseau, a famous French thinker, held high the banner of democracy and opposed feudal autocracy. He said: "Any country that practices the rule of law-regardless of its administrative form-I call it * * * and the country; Because only here is the ruler of public interest, and public affairs count. " It is with the support of these enlightenment thinkers that the constitutions of the United States and other countries first embody the principle of rule of law in the constitution, so that this principle can be truly implemented in the national life of democratic politics through law.
Second, the principle of rule of law.
As a broad principle or concept, the rule of law has always been a topic discussed by scholars. It can be said that there are different opinions, which can be understood from two aspects: value principle and form principle.
1, the value principle of the rule of law, that is, the principle of realizing the goals and objectives of the rule of law. In modern times, the concept of rule of law mainly includes the following concepts: the supremacy of law, people's sovereignty, natural human rights, separation of powers, control of power with power, equality and freedom. Specifically, the principles or values of the rule of law mainly include:
(1) survival. This is the primary human right. Before the founding of New China, China's economic conditions were extremely poor, and the enjoyment of the right to subsistence was just empty talk for ordinary people. At present, social development has provided living conditions for the vast majority of people, but China is still a developing country, and it is still an urgent and important task for the rule of law to serve the improvement of living environment.
(2) security. The enlightenment thinker Hobbes said that "people's safety is the highest law", which is extremely simple but profound. In feudal society, extorting confessions by torture prevailed, people's safety could not be guaranteed, and the rule of law could not be realized. The laws of any modern country regard the personal safety and freedom of citizens as important rules. In other words, the minimum task of the rule of law is to maintain security.
(3) Democracy. The relationship between democracy and the rule of law is more extensive and profound. As mentioned above, democracy means the political power or governance of the people. Without democracy, there would be no modern rule of law. In socialist countries, people should be emphasized to govern the country. If someone pretends to be the "master" above the people, it is actually a blasphemy against democracy and a destruction of the rule of law. In the primary stage of socialism, people's enjoyment of democracy still has limitations.
(4) freedom. Freedom, like rights, has specific provisions in the laws of various countries, such as freedom of assembly, freedom of association, freedom of speech, freedom of communication, freedom of publication and freedom of belief. However, freedom has always been restricted and bound by law. On the one hand, the law gives people the right to enjoy freedom, on the other hand, it prevents and punishes the abuse of freedom and the violation of others' freedom.
(5) Equality. Equality is also a broad concept and principle of the rule of law. In feudal society, the law maintained the hierarchy, so people were extremely unequal. Both capitalist countries and socialist countries regard equality as the principle of rule of law. Of course, meaning and realization conditions are very different. Equality includes the legal provisions on equality, but it is only written and a form of equality. What is more important is to truly achieve equality in the process of law enforcement and justice. Some people call it substantive equality and procedural equality.
(6) Justice. As for justice, it has been mentioned in the chapter on the value of law, and its most reasonable standard is whether it meets the requirements of social progress and the interests of the vast majority of people. Therefore, the concept of justice and the concepts of equality, freedom, democracy and security are interrelated, that is, justice cannot be achieved without democracy and freedom.
(7) peace. Peace is very important for a country as a sovereign actor and for ordinary individuals, because the opposite of peace is war, aggression, conquest and plunder, and ordinary people suffer the most. If the international community cannot bring peace to the people all over the world, it cannot be considered that there is a rule of law in the world; If a country can't protect its citizens in a peaceful environment, then the government is incompetent or even a government that must step down. Therefore, progressive people in the world oppose colonialism, hegemonism, fascism and wars of aggression.
(8) development. In international affairs, peace and development are considered as two major themes in the contemporary world, especially for underdeveloped countries and regions. Emphasize that the right to development is one of the basic human rights. The reason is that if the gap between the rich and the poor is too large, some developed countries will use their economic advantages to control the world and make the international order unbalanced. Since modern times, China has strived for opportunities for peaceful development in the construction of international legal relations, opposed economic monopoly and hegemony, and opposed the economy.
(9)*** with benefits. * * Welfare is one of the principles of the rule of law generally emphasized by some modern welfare countries, which is characterized by paying attention to the development of public utilities and social welfare undertakings to meet the needs of people's material and cultural life to the greatest extent. Some countries, such as Sweden and Switzerland, even flaunt their own countries as welfare countries. Reflected in the rule of law, they attach importance to the development of social insurance and social security legislation, such as
(10) Humanism. As a concept of rule of law, humanism was put forward by the bourgeoisie in the anti-feudal struggle, aiming at feudal judicial tyranny. The feudal legal system is famous for its cruelty and barbarism, and countless tortures stifle human dignity, rationality and life, which can be described as "countless books". In order to change this situation, western countries put forward humanitarian punishment principles, such as abolishing corporal punishment and reducing prisoners.
2. Form or procedure principle of rule of law: refers to the form or procedure necessary to achieve the above-mentioned goal of rule of law. According to the relevant provisions and theoretical discussions in the procedural law of China and other countries, there are the following formal principles that must be observed:
(1) The judicial organs exercise judicial power independently, without interference from administrative organs, social organizations and individuals; (2) The lawsuit is based on facts and takes the law as the criterion; (3) All applicable laws are equal, which is called the generality of law; (4) the law is not retroactive; (4) Adhere to the principle of open trial; (five) the implementation of the two trial system, challenge system, jury system and defense system; (6) to use the spoken and written languages of their own nationalities in litigation; (7) The three organs of the Public Prosecution Law implement a system of division of labor, cooperation and mutual restraint in criminal proceedings; (eight) criminal proceedings should implement the principle of a legally prescribed punishment for a crime, the principle of suiting the crime to the punishment and the principle of presumption of innocence; (9) If the state organs and their staff members cause damage due to illegal acts in the process of exercising their functions and powers, the victims can obtain state compensation.
Third, the theory of rule of law.
(1) Interpretation of a country ruled by law
The concept of "country ruled by law" was originally compared with "police state", which exercised "public power" without any restrictions, thus infringing on "private rights". A country ruled by law in the modern sense means that state power, especially administrative power, must be exercised according to law, so it is also called "administration ruled by law" or "government ruled by law". Because the rule of law has great advantages over the rule of man, people pay more and more attention to the construction of the rule of law.
(B) the basic goals and social conditions of a country ruled by law
The rule of law is not only stipulated by the constitution, but also can be achieved by leaders saying a few propaganda slogans. It is indeed what people call "social engineering". The casting of this project requires the efforts of all officials and people, and the struggle of several generations and dozens of generations. Generally speaking, a society ruled by law should have certain social conditions, such as developed economy, stable society, complete legislation, and members of society have certain legal awareness and moral standards.
1, the political rule mode of a country ruled by law should be a democracy. From ancient times to the present, there are mainly monarchies in all countries of the world (such as the feudal monarchy in China); Aristocratic regime (such as the aristocratic system in ancient Rome) and democratic regime (such as democracy in modern western countries). A democratic regime is characterized by obeying the decisions of the majority and allowing the opinions of the minority in state management. The elected parliament, responsible government and independent judiciary hold the supreme power of the country, abolishing hereditary system, exclusive system and autocratic king. Under the autocratic regime that existed in history, there was generally no rule of law. In countries with relatively democratic politics such as the United States, Britain and France, the rule of law in the modern sense has been established.
2. The state power structure of a country ruled by law should be the relationship between division of labor and restriction. The division of labor and restriction mentioned in the past is "capitalism" and must be criticized. However, the practice of socialist state management fully proves that the state power structure must be balanced and restricted. If a country abuses state power without any constraints and sanctions, it will lead to corruption and arbitrariness, causing endless harm. We have some government officials. Because of the lack of power supervision mechanism, private interests can be exchanged at the expense of national interests. Wang transferred a large amount of state funds abroad. It is important to investigate crimes afterwards, but it needs more institutional constraints beforehand. In this regard, western countries have successful experience and should learn from it.
3. The principle of social control in a country ruled by law should be subordinated to legal governance. There are many ways for the state to control society, such as the policies of the ruling party, moral customs, religious beliefs, ideological education, personal prestige, administrative orders, public opinion and so on. But among all the means, the power of law has the most advantage, because law has the characteristics that other means do not have: clarity, universality, stability, compulsion, compensation and so on. , which made the law.
4. The economic condition of a country ruled by law is a market economy mechanism. Throughout history, the rule of law has never been associated with a self-sufficient natural economy and a planned economy monopolized by the state. For example, in a feudal society based on land and dominated by nobles, the rule of law has no spirit of equality and freedom. The condition of developing commodity economy is that the parties concerned establish equal and mutually beneficial trading relations with equal value and compensation, which requires the concepts of rights, freedom, equality, contracts and interests to be embodied in the law.
5. The cultural conditions of a country ruled by law should be a progressive and developed rational cultural foundation. Cultural foundation and literacy also determine the degree of realization of the rule of law. In the cultural environment of ignorance, superstition and blind obedience, the body of "rule by man" will inevitably be derived. The rule of "Zi Di" in China depends on China people's inherent human weakness and various drawbacks in traditional culture. On the contrary, when all citizens generally have cultural knowledge, when legal beliefs, civic awareness, human rights thoughts and justice needs, when people respect the truth, abide by rules and understand the law, people will not pin their own interests and the fate of the country on their personal wisdom and conduct, and governing the country according to law will become an inevitable choice. Therefore, we should emphasize legal publicity and education at present. We can't just treat law enforcement as a matter for the state and the government. The influence of culture on the rule of law is the most deep-rooted, basic and important. Ordinary citizens must realize their importance to the rule of law, which is the basic point that we should emphasize and publicize.
(3) Building a socialist country ruled by law
Socialist countries should sum up and accumulate the experience and lessons of capitalist rule of law construction in their own practice of rule of law. Socialist countries also need to build the rule of law, and can learn from the successful practices of western countries. Because the rule of law system in China is still underdeveloped, and there are still many phenomena that undermine the rule of law, we cannot think that it has reached the level of "rule of law". To complete the task of building a country ruled by law, we must work hard from the following aspects. In other words, the basic elements of a country ruled by law are the following, or to realize it.
1, establish a unified, complete, rigorous and predictable legal system, and realize the transformation from no law to law to a complete and scientific legal system. The primary meaning of the rule of law is to have the "law" of the rule of law, and the socialist rule of law first requires the external form of "good law" or "good law". This kind of law must be fundamentally. The principle of separation of powers should also be established to prevent excessive concentration of state power. Since the Third Plenary Session of the Eleventh Central Committee, China has chosen the strategic policy of governing the country according to law and promulgated a large number of laws and regulations. The phenomenon that there are laws to follow has changed, but the laws should be standardized, easy to understand, concise, scientific and rigorous, and not built in a day. For example, in China's legislation, it is backward, outdated, contradictory, passive, expedient and short-term. (2) The law should be clear and unambiguous; (3) Laws should coordinate with each other, and there should be no contradiction or conflict; (4) The law should be stable and not constantly changing; (5) The law should be practical and realistic, and it does not stipulate impossibility; (6) The law should foresee and feedback the trend of the times.
2. Establish a strict and fair law enforcement system, require administrative organs to act according to law, and realize the transformation from lack of restriction of administrative power to the initial establishment of administrative law enforcement system, and then to the realization of administrative rule of law. In a country ruled by law, the government should be able to effectively maintain the legal order and provide legal protection to stop the abuse of administrative power. Administrative organs and public officials must deeply understand that the purpose of enjoying state power is to protect citizens' rights. We must abide by the principles of "no basis, no power", "no power and no influence" and "the government must abide by the law", and we must not allow the administrative organs to have the privilege of surpassing the law; We must deeply understand that privilege is the enemy of the rule of law, the government should adhere to the principle of governance, and everyone should resolutely oppose abuse of power, oppression, abuse of power for personal gain, violation of civil rights, abuse of power and "sliver phenomenon". At the same time, in modern society, although administrative organs are allowed to enjoy "discretion" within their jurisdiction, the exercise of this power must adhere to "legality"
3. Establish an independent and fair judicial system and a professional legal professional team, and realize the transformation of the judicial system from imperfect to initially sound, and then to the formation of a fair judicial procedure. At present, a hot issue that scholars generally talk about is judicial reform. Because judicial power is regarded as a kind of ultimate power, the injustice of judicial power will lead to the final recovery and compensation of damaged organizations and individuals. In criminal trial, it may also lead to unjust, false and wrong cases and deprive people of their freedom and life. Some people describe it as: "Doctors may treat patients as dead, but seldom treat good people as bad people", because good people generally don't go to hospitals. However, different judicial actions may lead to the death of innocent people or victims. Therefore, ensuring judicial justice is extremely important for the construction of the rule of law. There are many standard requirements for judicial justice. The most important things are: (1) The judicial organs should exercise judicial power independently, and no other organs or individuals are allowed to interfere with normal judicial activities. The courts should provide legal protection to citizens to prevent the abuse of state power; Guided by the rule of law, judges fearlessly implement the rule of law. (2) Adhere to the judicial principle of procedural justice, so that the procedure meets the requirements of justice. Procedural justice is conducive to the investigation of misjudged cases and the execution of legal supervision, appeal, protest, defense, jury and other procedures, and will prevent or correct some judicial errors that should not have occurred. On the contrary, procedural injustice will bring endless harm. For example, ensuring that everyone is equal before the law is easier said than done. The interference of officials and the perjury of witnesses may lead to different punishments for the same crime. (3) Take the road of legal professionalization, mainly the professionalization and specialization of judges, prosecutors, police, lawyers and notaries. Laws are enforced by people. If the judicial power is in the hands of ignorant, blind and even barbaric laymen, it is hard to imagine that the implementation of the law will be reasonable and fair. If some policemen kill innocent people with guns, that is a lesson; At present, the demobilized soldiers who entered the court are also being sharply criticized by the academic circles. Legal professionalization should include: first, legal workers should be familiar with legal knowledge and master case-handling skills; Second, legal professionals should have strict qualifications and implement the examination and employment assessment system; Third, the legal profession should be full-time and stable, thus maintaining judicial neutrality.
4. Pay attention to the legal adjustment of political relations and realize the transformation from the imperfection of democratic system to the initial perfection, and then to the real implementation of democratic system. The realization of the rule of law must pay a certain political price, especially the rulers who hold political power should fully realize this. For example, to achieve the goal of the rule of law, we must appropriately abandon administrative means, policy means and planning means; The power of officials must be restricted by law; Local interests and departmental interests will also be limited to some extent. The specific requirements are as follows: (1) Most political actions are regulated by law, and political activities are standardized and programmed; (2) State power is controlled, including by laws, rights and other powers; (3) Policy can guide legislation, but it cannot replace it; When there is a contradiction between legal adjustment and policy adjustment, the law shall prevail; (4) The law guarantees the perfection and development of democratic system, democratic rights and democratic system.
5. Citizens and social organizations should cultivate their own legal awareness and legal beliefs, and the state should assume the responsibility of giving and protecting citizens' basic rights. In social life, citizens have the right not to be illegally interfered by the state. When this right is violated, citizens can take up legal weapons to protect themselves, and at the same time, citizens should consciously assume legal obligations and abide by the law. Correspondingly, the state also has the responsibility to safeguard everyone's "dignity right"; When the personal interests of ministers are damaged, the state should also bear the liability for compensation, which shows that the core and essence of a country ruled by law is the rational allocation of government power and civil rights. In this regard, China used to emphasize the subordination of individual rights to state power, but now, the extreme view is to emphasize the absolute rights of individuals, such as resisting state tax collection and local protectionism. Neither extreme is desirable.
Of course, the rule of law is by no means omnipotent, and the rule of law itself has its limitations. The textbook is divided into four points: (1) Law is not the only means to regulate social relations; (2) It is not enough to follow the law; (3) The legal ideal is divorced from the legal reality; (4) Sometimes, the fact that the law is applicable cannot be determined. The first three points are easy to understand. The last one is, for example, when there is a dispute over the ownership of real estate, the justice of the law requires the protection of the legitimate interests of the real owner of the house, but the loss of evidence or perjury sometimes covers up the truth, resulting in the failure of the law to protect the legitimate interests of legal persons. Due to the above defects of the rule of law, coupled with the lack of compliance with laws, the phenomenon of lax enforcement is still inevitable, and it is still a long-term and arduous task to realize a country ruled by law, which requires