The value choice of a social legislation, the content and level of legislation, the intensity of law enforcement, the state of obeying the law and the completeness of supervision mechanism are important signs of the degree of rule of law in this society. At the same time, from another perspective, it is also the main embodiment of this social legal culture. Legal culture is closely related to the degree of rule of law in society. It can even be said that what kind of legal culture there is, what kind of rule of law there is. Legal culture is the internal spiritual element of social rule of law, and rule of law is the internal requirement of the objective law of socialist market economy. Therefore, the socialist market economy is closely related to legal culture.
First of all, the socialist market economy determines the changes of legal culture.
Marxist theory on social basic contradiction and its promotion of social development holds that the movement of social basic contradiction is the fundamental driving force to promote the development of human society. The development of productive forces is the driving force of the basic social contradiction movement and the ultimate driving force that determines the development of human society, and it has eternal progress. The contradiction between production relations and productivity, superstructure and economic base is still the basic contradiction in socialist society. This is an objective existence that is independent of human will. Only because the exploiting system and exploiting class have been eliminated in socialist society, the basic contradictions in socialist society are different from those in capitalist society. The relations of production are basically adapted to the productive forces, superstructure and economic base, which has effectively promoted the rapid development of productive forces in a certain period and under certain conditions. The nature of the basic contradiction in China's socialist society determines the road and mode of China's economic system reform, and the legal culture of socialist market economy gradually takes root. Generally speaking, the marketization of economy is bound to be accompanied by the rule of law in society, and at the same time, it will also produce corresponding legal culture.
Due to the differences in economic and social structure, social development level and historical tradition, the legal culture of different countries or nationalities in different historical periods often has different characteristics and attributes. However, the economic components that are suitable for the development level of social productive forces and represent the development direction of social economic structure determine the development trend of legal culture. China's socialist market economy is an economic model adapted to the development level of social productive forces, which represents the development direction of China's social and economic structure, thus determining the development trend of legal culture and the legal culture that must be adapted to it will change sooner or later.
The socialist market economy is a socialized, intensive, international and mass-produced modern market economy armed with advanced technology. Public ownership is the main body, and various economic components coexist. It advocates efficiency, competition, justice and prosperity. The socialist market economy is an economy ruled by law that strictly reflects the will of the people and the laws of the socialist market economy. It is by no means the lawless economy, arbitrary economy, fraudulent economy and mercenary economy that some people imagine. The socialist market economy, like other market economies, must have corresponding laws to regulate, guide, restrict and guarantee. Without rules, there would be no Fiona Fang. Market economy yearns for and calls for the rule of law. At the same time, it also calls for a legal culture that adapts to it. This is not only the inherent requirement of the objective law of market economy, but also the objective need of national social stability and political stability, and the objective need of China's socialist market economy to connect with the international market and economy. Therefore, it is not only an urgent task to establish and improve the legal system of socialist market economy, but also an urgent need to establish a corresponding legal culture, that is, to establish a legal culture of socialist market economy. Therefore, the establishment and development of the socialist market economy is bound to be closely related to the establishment and improvement of the legal system of the socialist market economy, and also to the formation and development of the corresponding legal culture. In other words, the establishment, perfection and development of socialist market economy determine the formation and development of legal culture of socialist market economy.
On the other hand, the formation and development of legal culture of socialist market economy also depend on the establishment, perfection and development of socialist market economy. Legal culture is developing, and it develops with the development of human society. Market economy is a legal economy, not so much a modern economic system and model as a special carrier and external form of advanced productive forces in class society. The legal culture of socialist market economy can not be separated from the material basis that is compatible with advanced productive forces. The legal culture and socialist rule of law of socialist market economy must be based on socialist market economy. The legal culture of rule of law and ideology is actually the reflection device, maintenance device and promotion device of market economy. Without market economy, there is no modern rule of law, and there is no modern legal culture as the premise of rule of law. Without socialist market economy, there will be no socialist rule of law, and there will be no socialist market economy legal culture as the premise of socialist rule of law. The degree of rule of law in a society depends largely on the marketization of economy. The more developed the market economy is, the law will heal and develop, and the legal culture as the premise of the rule of law will also develop. The legal culture of socialist market economy is rooted in the development and perfection of socialist market economy. Therefore, the formation and development of legal culture of socialist market economy depends on the establishment, perfection and development of socialist market economy.
It is an indisputable fact that the development and change of the economic base of any society always determines the development and change of the corresponding superstructure. The change of legal culture is always accompanied by the change of social economic form and political structure, which is completely consistent with the basic principle that the Marxist economic base determines the superstructure. Therefore, the socialist market economy determines the change of legal culture, that is, the establishment, perfection and development of the socialist market economy determines the formation and development of the legal culture of the socialist market economy.
Second, the socialist market economy is influenced and restricted by legal culture.
The socialist market economy is completely different from the planned economy. It is an economy ruled by law, which determines that the legal model of socialist market economy is the rule of law model. This is an inevitable requirement for the unity of the inherent laws of socialism and market economy. Without the rule of law, the socialist market economy cannot be formed and developed. The socialist market economy is an economy ruled by law, and the key is that its economic order is formed and maintained by law, or legal order. In order to standardize the life order of the socialist market economy, the effective operation of the legal system of the socialist market economy and the orderly legal order are inseparable from the rule of law and the legal culture as the premise of the rule of law. Especially at the critical moment of economic system transition today, in order to plug the legal loopholes that lawless people can use, put an end to the conditions where power enters the market and the phenomenon of trading power and money breeds, prevent the disadvantages of planned economy from combining with the negative aspects of market economy to become backward economy, and make the socialist market economy develop healthily and orderly, the socialist market economy needs not only the rule of law, but also a legal culture that is compatible with it. Because legal culture is a specific cultural form, it reflects the group concept, ideal personality, behavioral tendency and emotional tendency in legal life. It is the value choice, thinking mode, emotional mode and behavior mode of social groups about rights and obligations. Legal culture is the precipitation of people's concept mode of emotion and demand for law. In fact, only when people's ideas and emotions have a conscious demand for the law, and when social groups consciously choose the law, the law will be consciously observed by people and the rule of law can be truly realized. Therefore, the socialist market economy needs a legal culture that adapts to it.
This is because the operation of law must be supported by culture. The life of law is deeply rooted in culture. Views on the world and social order determine the distribution of social power and the establishment of social system. The operation of law is not a unilateral act of the state, but the legal life of the whole society, including individuals, society, organizations and state institutions according to their respective understanding and attitudes towards law. Therefore, the operation of law is not only the realization of national will, but also the realization of culture in a larger environment. The socialist market economy is an economy ruled by law. To realize this economy ruled by law, there must be corresponding legal and cultural support. Without the corresponding legal and cultural support, the development of the socialist market economy will inevitably be restricted, and the life order of the socialist market economy will also be affected. That is to say, when legal culture adapts to the socialist market economy, it can maintain the life order of the socialist market economy and promote the normal, healthy and rapid development of the socialist market economy; If the legal culture does not adapt to the socialist market economy, it will affect and restrict the development of the socialist market economy. Therefore, the socialist market economy is influenced and restricted by legal culture.
The relationship between socialist market economy and legal culture confirms the potential guiding role of legal culture in legal practice and its role and reaction to socialist market economy, so we should pay attention to the establishment and development of this legal culture which is suitable for socialist market economy. With the improvement and development of China's socialist market economy, especially the establishment of the goal of "building a socialist country ruled by law", it is imperative to cultivate a legal culture that is suitable for it. Because the essence of the socialist market economic system is a social order based on the substantive equality and independence of personality, the corresponding legal culture can only be based on historical materialism, individual rights and a legal system that conforms to the laws of social activities. This is a new legal culture that is different from the existing legal culture in China and needs to be developed urgently, that is, the legal culture of socialist market economy. Therefore, to establish, perfect and develop the socialist market economy, we must establish and develop the legal culture of the socialist market economy. Only in this way can our socialist country become a civilized country ruled by law and our socialist market economy become a civilized economy ruled by law.