The Study Between The Negative Influence Of The Traditional Law Culture And The Nowadays Developments Of The Rule Of Law

As the results of the reform-and-open policy, some great and wide social changes were taken place in China in the past more than 20 years. In the economic realm, the target of the system reformation is to establish the socialist market-economy system. In the law realm, a deep reformation of the rule of law is expected to adapt the social development. But there are a lot of blocks in the process of the rule of law and the proper traditional law culture in China is the important one. So it is very rigorous and urgent for us to survey the negative influence of Chinese law culture, to break through the oppression form the behindhand traditional law culture, to overstep the legal tradition, and to realize the modernization of the rule of law.The law thoughts of the Confucianism, Taoism, and Fa school affect China permanently. Especially, as the fundamental of the traditional law culture, the Confucianism law possesses a historic status. Until today, the negative factors in the Confucianism law influence the construction of the rule of law. It spreads widely those kinds of the value concept, such as authoritarianism, law-nihilism and instrumentalism. And it exists catholically that the social phenomena, such as the unjustness and dependence of the judicatory. However, there is no nation can fence with the influence of the traditional law culture, and fence with the challenge from the modern life. In the process to establish the nation of the rule of law, the study for the law culture is beneficial to us to hold the essence of the law with a historic and realistic method, on an objective and subjective attitude, and in a static and dynamic visual angle. When we realize that the harmoniousness is the tallest value to be pursued in the legal system and in law order in the 21st century, at first, we need to renew our intention unitarily and rebuild our conception of the rule of law, and at second, guided by the modern value concept of the rule of law, we shall prompt a systemic reformation to set the authority of law, promote the conversion of the law culture in China form the tradition to the modernization. Although the paper is across some law departments, such as the jurisprudence, the law history and the litigation, the main research method is still of the jurisprudence. The author tries to analyze the traditional law culture in a cultural visual angle, and to indicate the direction of the nowadays establishment of the rule of the law.