A Study Of Classical Chinese Legal Methodology In The Perspective Of Modern Rule Of Law

The construction of the modern rule of law needs to be supported by a set of rational and effective legal methods,and traditional Chinese legal methods,especially the legalistic methods,are a useful resource for exploring such legal methods.As a collection of classical Chinese laws,the Tang Laws also contains a unique and mature legal methodology.With the modern rule of law as the stance and the legal methodology as the theme,and taking the Tang Law as the main object of investigation,it is of great theoretical and practical significance to construct a set of legal methodology that is beneficial to the modern rule of law.The ancient legal methods in the Tang Laws include legislative methods,legal interpretation methods and legal argumentation methods,and these traditional legal methods have a mutually reinforcing relationship with ancient Chinese law.The main focus of the legislative(law-making)methods is on the system of comparison and the system of "eight characters of examples" in the Tang Laws."The first six characters define the external form of the law,while the others serve to The first six words define the external form of the law,while "its" and "and" serve to refine the internal structure.The first six characters define the external form of the law,while ’its’ and ’and’ serve to refine the internal structure.It is this unique approach to legislation that led to the creation of such a masterpiece as the Tang Laws.The Tang Laws have a complete system and the legislative method gives them reliability,consistency and accuracy.With regard to the methods of legal interpretation(interpretation of the law),the Tang Laws use a large number of methods of legal interpretation,including textual interpretation,systematic interpretation,and,most characteristically,exemplary interpretation and question-and-answer interpretation,which have contributed to the development of traditional legal theory and are still valuable to modern legal interpretation,and whose importance is self-evident.With regard to the method of legal argumentation(the use of law),the Tang dynasty jurisprudence attaches great importance to the logical nature of the argumentation,which is often layered and employs multiple methods of argumentation.Compared with Western legal argumentation methods,although less precise than European logical argumentation,they are nevertheless full of doctrinal awareness and not superfluous in form.Classical Chinese jurisprudence includes the study of law-making,law-noting and law-application,the rich connotations of which are still of considerable value to the modern rule of law.The study of classical legal methods is aimed at solving real-life problems in China,and the construction of the modern rule of law should go beyond the West on the basis of returning to the local area,not by completely abandoning Western theories,but by refusing to rigidly apply them and combining Western theories with China’s rule of law practice,while absorbing the essence of classical legal science to build a socialist society under the rule of law.