LAW AND DEVELOPMENT STUDY ON THE WAY TO ESTABLISH A SYSTEM OF RIGHTS AND THE RULE OF LAW IN THE CULTURAL CONTEXT OF DEVELOPING COUNTRIES

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(1)From the viewpoint of Law and Development Study, the culture can be regarded as a type of informal rules, the function of which is to reduce the uncertainty as well as maintain the peculiarity of the society. As a result, the cultural rules can not be ignored in the legal system that consists of a combination of a system of rights and the principle of the rule of law.(2)The current situation of the system of rights varies depending on the society, that can be measured by 1) the determination and registration of the land rights and other substantive rights, 2) the certainty and adequateness of the compensation for takings, 3) the competition law that guarantee the free competition, and 4) the redistribution system through the agrarian reform and tax reform, etc.(3)The current situation of the rule of law also varies depending on the society, that can be measured by 1) the fair adjudication, execution and implementation of private rights through the civil procedure, 2) the transparency of administrative, legislative and judicial activities and the civil access to them, and 3) the popularity of the non-profit and non-governmental organizations which consist of the civil society, etc.(4)In the practice of legal assistance, it should not be recommended to presuppose a fixed pattern of the legal system which is a combination of a system of rights and the principle of rule of law, and to introduce a complete set of the legal system at a time, because the cultural rules are influencing the way to establish the system of rights and the principle of rule of law.