Verdict Traditional And The Modern Transformation

This doctorial dissertation is the first article which specialized in reasons of judgment between tradition and modern in China. It puts different research methods and branches of learning to use, fills academic circles vacancy of this field in system and content. The thesis is that in China the climacteric process from traditional reasons of judgment to modern substantially the process from type of moral principles and human feelings to type of legal norms and the general trend exists in the period from Opium War up to now; from tradition to modern is the only way for reasons of judgment in China. This dissertation has academic value-one side, it points out the type of legal norms can not be turn back; on the other hand, it reveals the limitations of this type and the rational kernel of another one. This article also has practical value-it analyses how to perfect legislation, how to make moral principles, human feelings and legal norms in harmony and how to apply the type of legal norms, at the same time avoid its limitations.The dissertation has 6 chapters, less than 180,000 words. The first chapter analyzes traditional reasons of judgment in China; it discloses the fact that traditional one was the type of moral principles and human feelings. The second chapter continues to give a detailed description of its historical transformation from Opium War up to the present. And the third chapter unveils why the type of moral principles and human feelings is superseded by the type of legal norms, and why the type of moral principles and human feelings is not the main today. This chapter discusses them from different aspect like life styles, human nature hypotheses and human rights. The fourth chapter points out the problems and deficiencies of reasons of judgment in China today. The fifth chapter continues to point out how to solve the problems via the second birth of Chinese culture, institutional measures, and human modernization and so on. This chapter also points out how to treat tradition. The last chapter analyses limitations of the type of legal norms and gives some ways to conquer them. As a whole, chapter 1-3 are theoretic and chapter 4-6 are applied to practice.Chapter one takes an attentive scrutiny on Chinese traditional reasons of judgment from culture and makes a conclusion of Chinese traditional reasons of judgment being the type of moral principles and human feelings. First, from Chinese culture being...