A Value Perspective Of China's Legal Modernization

The legal modernization is a dynamic process of change from tradition legal system to modern legal system. It includes the modernization of human's law concept and behavior, law system and law practice. To achieve the goal of modernization, it is very important to probe into what values the human's idea notion should possess and what values the law system itself should contain.The connection between the tool reason and value reason informs us that in the process of China's legal modernization, it is not advisable to neglect the influence of the value concept on the system and deny the creative significance of the system values concept; In the process of legal modernization only after solving the contradiction of the body power, the dialectical unity relation of the personal freedom and government power can be correctly understood. And so then, we can provide space of free life for individual person to the full. And, to maintain and stipulate the common field and personal field is the effective way to realize legal modernization.The value objective of legal modernization is the basic principles manifested in the value significance of law or the value orientation of law, and that is substantive legitimacy of legal modernization. In addition to the formal legitimacy that the law should possess, such basic value principles as freedom, equality, and justice and so on restrict the spiritual orientation of law, lead the history direction of legal modernization. The law system including aforesaid value objective is the direction of China's legal modernization.