Law And Religion, In Traditional Chinese Culture, As Threshold

On the basis of research results of domestic and foreign experts and scholars,and in the background of Chinese traditional culture and Patriarchal Religion in China the paper aims to study the relationship between Chinese traditional religion and law from philosophy, religious studies and the angle of law. At the same time,actively Discuss the coexistence and harmonious development of modern chinese and Western legal and religious on the basisof cultural relativism perspective.Different ethnic groups would interpret the world in different perspective, which not only had a particular cultural style, also produced a variety of legal and religious thought.Confucianism as the representative of Chinese traditional culture Considers Courtesy above the law. Liang Shuming, said:"China is the ethical society, Social organizations rely on social ethics." Confucian ritual formed its own theory and the culture,which is based on the development, implementation and continue to promote, explain the process of the etiquette, and this culture is still deeply affects our present legal system and religious thought.How to study the relationship between Chinese tradition and the present law and religion? What is the relationship between the two and their relations have gone through what kind of evolution? What kind of meaning to members of society? This is the focus of this paper and one of the difficulties. To study Chinese traditional relationship between law and religion, the difficulty is how to understand and grasp the so-called "Chinese traditional culture, " According to what kind of principles to choose historical datas, and how to Summary the "personality"of Chinese culture. What is a religious concept, the concept of law and the relationship between the two and so on. Explore the character of traditional Chinese culture, legal and religious ideas, not just specializing in Confucianism a pulse, which is in confrontation with other schools of thought and has grown up with the exchange. Philosophy and practice of law is of special significance to the cultural symbols, the law is not only revealed in the life of a particular kind of state space, but also the inner world of a specific population. The relationship between law and religion should be placed in specific historical and cultural background to understand inherently, legal and religious thought in ancient and living world should be trying to objectively study and research, they shall not be made "either-or" distinction.The introduction of modern Western cultural values,pattern of traditional Chinese culture was strongly challenged, what is the meaning of life, how to find the background of contemporary law? This is the true religion and legal issues. The disintegration of traditional cultural patterns also means its newborn, Similarly, deeply steeped in the ancient traditional culture, law and religion have a profound evolution. But this change is not completely out of history, as the vitality of the law is not just from the logic, but also from experience.We have to take turns to study the history and reality of culture. However, we must dialectical pairs, analysis of History, must realize that traditional Chinese culture and the legal and religious thought which is included in traditional Chinese culture have the limitations. After transplantation of Western law in modern China, to a certain extent, no longer consider a special ethical relationship. Use the words of Sir H. Maine is the identity to contract process. In the traditional view of Chinese law and Western legal concept of conflict and antagonistic, find a more suitable way of our own. Law and Religion are the human experience or are basic aspects of human nature, the law is non-interference in private life and personal emotions. Religion as an inner one is convinced that providing people with an emotional support and spiritual comfort, it is with the legal existence of a complementary structure and function.But the superficial custom of the opinion that modern law is purely secular, without the ultimate meaning of life. Law and religion, of course there will be too closely associated with the risk to monism, too much separation will be caught over the plight of dualism. We believe that the court not only located in the boat, even more important is the establishment in the heart of the faith. Law is a system of rules, but also a meaning system. China's modern legal system represents a kind of spiritual values, a long history in the evolving tradition. The problem is that a product of Western culture is essentially the principle of the system, how can we be happy to devote ourselves to inspire faith and passion! In this regard, we should study their differences, induction the same, learn to debate differences and integration. Thinking of a national culture of legal issues, and it must be discussed with religious, ethical and other issues put together,because culture has a particular tendency. These ideas were reflected in the specification system is the relationship between God and religion, the relation embodied in the Human relations is ethical or legal. How to "deal with" their differences, but "sense" similar to each other, which is What we have to work towards, and is also the paper trying to innovation.