Research On The Logic Of The Generation Of Legal Cultur

Zongzi is eaten on the Dragon Boat Festival,moon cakes are eaten on the Mid Autumn Festival,and glutinous rice balls are eaten on the Lantern Festival These festival cultures,which embody profound family and national feelings,make people remember the festivals and ceremonies.If one day the rule of law can be so deeply rooted in people’s minds,the rule of law will be truly rooted in society.Civilization needs corresponding cultural symbols to reflect its own value and vitality,and through these cultural symbols,people can develop their sense of identity and centripetal force.The rule of law is the same.If the rule of law wants to take root in the society,the soil for taking root lies in the culture of rule of law.So,how can we generate this cultural soil of rule of law?At present,China is committed to the construction of the rule of law.In 2021,the Office of the CPC Central Committee and the State Council issued the Opinions on Strengthening the Construction of the Socialist Culture of the Rule of Law.How to construct China’s cuture of the rule of law has become a realistic problem.Just talking about culture within the scope of law is not enough to touch the origin of the generation of the rule of law culture.The generation of the rule of law culture is not only a phenomenon description or practical strategy,but also a question of legal philosophy or political philosophy,that is,what role human reason plays in the generation of the rule of law culture.Is the generation of rule of law culture evolutio nary or is it constructed by human reason?Or is there any other possibility between the two academic positions?This is the problem that this paper tries to explore.In this way,the pursuit and realization of the rule of law culture is an important theoretical issue.There are two kinds of considerations about the generation logic of the rule of law culture in academia:evolutionary logic and constructivist logic.The evolutionary logic of the generation of the rule of law culture is represented by Hayek’s evolutionary rationalism.Under the theoretical framework of evolutionary rationalism,the generation of the rule of law culture originates from social spontaneous forces,is the result of human action,is generated in the process of competition and natural selection by means of imitation and learning,and is a process of continuous"experiment" and "error correction".The generation of the rule of law culture is indeed full of evolutionary factors,but there are also some constructive factors.Because"imitation" and "learning","experiment" and "error correction" are a process of giving play to subjective initiative to choose and construct.It can be seen that evolution is not pure evolution,and the generation of rule of law culture is not a simple evolutionary process.The constructivist logic of the generation of the rule of law culture focuses on the role of human subjective initiative in the generation of the rule of law culture,but this construction is not reckless of the rule of law and the rule of cultural generation^but full of rational construction.Represented by Habermas’s communicative constructivism,this rational construction emphasizes the process of negotiation,dialogue and democracy,and the achievement of public will" and "consensus".The achievement of"public will" and "consensus" itself is an evolutionary process full of adaptation and accumulation,that is,the construction process of the rule of law culture is also full of evolutionary factors.It can be seen that construction is not a pure construction,and the generation of the rule of law culture is not a simple construction process.Marx’s "view of practice" affirms that man is the subject of practice,and that man has the dual attributes of evolution and construction.Practice is the unity of initiative and passivity.It includes both free and conscious high-level activities and spontaneous primary activities.From the perspective of practice,"construc tive reason" emphasizes the dynamic aspect of rational freedom and consciousness,while "evolutionary reason"emphasizes the spontaneous passive aspect of reason,both of which are one-sided.In fact,from a macro point of view,the development of society and rationality does show the characteristics of evolution.However,social laws are different from natural laws,and human development is different from the evolution of ordinary organisms because people are both "people in the play" and "playwrights".Social history is created by people’s free and conscious activities.Institutions,traditions,habits and other seemingly evolutionary things all contain people’s common inventions and designs in practice."Practical reason" is the transcendence and development of "evolutionary reason"and "constructive reason",and also provides a dialectical unity framework of evolutionary reason and constructive reason for the generation of rule of law culture.The culture of rule of law comes into being in the practice of human beings’transformation of nature,and grows and develops in the constant practice.On the one hand,people always create a culture of rule of law under certain historical conditions;On the other hand,the evolution of the rule of law culture is just the resultant force and accumulation of people’s rational construction of the rule of law culture.Therefore,the action logic of the generation of the rule of law culture is as follows:when people participate in the rule of law life,they reach "overlapping consensus" through"communication action" based on "public reason",and then generate the rule of law identity.The generation mode of the rule of law culture is "dialogue".The dialectical unity of evolutionary reason based on dialogue and practical reason based on constructive reason is the basic logic of the generation of human legal culture.The formation of socialist rule of law culture with Chinese characteristics has its own characteristics.The pluralism of Chinese legal culture makes the formation of contemporary Chinese rule of law culture full of complexity.We must reflect on the existing evolution and construction ideas in order to construct the basic principles of the formation of contemporary Chinese rule of law culture.The evolutionary rational approach to the generation of contemporary Chinese rule of law culture mainly refers to the adaptive evolution of local traditional legal resources,represented by "township regulations and civil covenants";The construction of rational approach mainly refers to the top-down rule of law practice led by the state,represented by "law popularization".Rural regulations and folk conventions that are separated from the national laws and regulations will become stereotypes and seriously block the generation of the rule of law culture;Even if the one-way legal popularization without "dialogue" continues for another 30 years,it still cannot escape the stereotype of "letters and visits do not trust the law".Even the evolutionarily rational rural rules and regulations can not do without dialogue and adjustment with the national law to better play the role of "small rural constitution";Even if it is to construct rational law popularization,it needs to change the unidirectional mode and move towards "law popularization in dialogue" to better play the role of the key to the construction of the rule of law culture.Therefore,the evolution reason and construction reason of the generation of contemporary Chinese rule of law culture are also dialectical unity,and the generation of contemporary Chinese rule of law culture should emphasize this dialectical unity of practical reason.Neither the evolutionary rational idea nor the constructive rational idea can be separated-people-the subject of the rule of law practice.People are the subject and creator of contemporary Chinese rule of law culture,and people’s participation is the practical reason for the generation of contemporary Chinese rule of law culture.The people participate in the whole process of the generation of Chinese rule of law culture,the people participate in the construction of rational "good law" culture,and the people participate in the generation of rational "good governance" culture.The basic logic of the generation of contemporary Chinese rule of law culture is based on the dialectical unity of evolutionary reason and construction reason.Therefore,cultivating the rational participation ability of the people has become the key to the formation of the socialist rule of law culture with Chinese characteristics.