New Research On Legal Transition From Tradition To Modernity In Modern China

Adapting to the social transition from the tradition characterized with closeness, patriarchal clan system and arbitration to the modernity featured with openness, democracy and ruling by law, the law had realized the fundamental transition from the traditional ruling by rite and law to the legality of modern times, thus finishing the first step of the great transition from traditional law to modern ruling by law. Researching on the legal transition has major theoretical and practical significance to the study in history of legality and complete establishment of modern ruling by law.The author holds the viewpoint that the key to the research on legal transition falls upon the modern orientation for law archetype. From the perspective of sociology, jurisprudence and historical positivism, the author ponders on the five demerits of the traditional feudal national law and analyzed the contradiction between feudal rite and clan rules and modern law.From the point of inside and outside function, the modern legal transition is China—oriented choice for Chinese law, facing with world's thorough change and China's new situation. From the outside-pointing perspective, firstly, in order to strengthen the power of communication around the world, it is possible for China to accept foreign modern elements of law. In the second place, it is the western power politics that barred the Chinese law 's process of globalization. Finally, under the system of the western legal civilization formed of the circle of specialized law talents, who will undoubtedly be valuable for thefollowing great change of law. From the inside-pointing perspective, the inquiry of times is the fundamental momentum of legal transition. For the sake of making the law becoming powerful, the people of Qing Dynasty had been probing on the respect of law. During the first years of last century, the three-step practice of legality is the token of large-scale modern legislation and epoch-making establishment of judicial independence.To sum up, the legal transition from the year of 1840 to 1919 is the beginning of the modernization of legality. It is the original content of modern ruling of law. The modern legal transition is characterized with variety, popularity, complexity and early flexibility.