Country And Society: The Movement Mechanism Of Traditional Oriental Law

The condition of realizable law is determined by the respective and mutual conditions of country and society. The country can make the law embodying social internal requirement emerge, change and develop effectual, timely only if it can play the role meeting with social internal requirement. The society can transfer the law required by society into the realizable law by country, the medium only if the society depends on itself. In order to expounding the movement mechanism of traditional oriental law, we should face squarely the respective and mutual influence of country and society.The theoretical base of this dissertation is research result on traditional orient countries and societies respective and mutual character of Marxian principal writers. This dissertation excavated out the essences of discussion on restricted factor of country and society about "The Movement Mechanism of Traditional Oriental Law" in Marxian Orient Theory. This dissertation rooted in concerning whole influence produced by change of society and countries role and function on development of law. This dissertation firstly sets about to summarize the social structure character of traditional orient country and society and systematic discuss respective character and internal relationship between traditional orient country and society. Then we will do research on influence of law's development come from traditional country and society respectively, the relationship among oriental counties, societies emerging in change time and laws will be discussed, and we specially use three representative countries China, Russia, India as good examples. The dissertation reveals that the ignorance of social powers is the reason that traditional orient law is lagging to the west and,on the other hand, was out line of picture about the movement mechanism of traditional orient law in contradiction composed by country and society. Without doubt, law development has opposite reaction to change of society. It not only influences social realitybut also in certain condition, can be decision - making power which can control society development. So, in order to make the law act as a good role itself, we should cautiously deal with the relationship between law development and society change, countries role transform and their two - in - one relationship, we can grasp firmly the pulse of law movement and elaborate law's applied function.The Oriental Sociological Theory is one organic component of ideology system of Marxism. The discussion on "The Movement Mechanism of Traditional Oriental Law" is the important aspect of Marxism's Oriental sociological Theory. We should seriously research and firmly grasp the essence of the theory. Nowadays, it has a significant theoretical and practical meaning for promoting the history progress of legal modernization. But now, there are few research and discussion on this academic area. Tradition embraces modern and foretells future. Following the developing track of Traditional Oriental Law, we can grasp the internal logic mechanism of the Chinese legal modernization, and promote the Chinese legal modernization through the internal rule.