Research About Principle Spirits Problems In Law-based Society

The 15 of party has been blown have sounded , the bugle of " run the country according to law , build socialist country governed by law, " but in China such one have the feudal history of more than 2000 years, also traditional ethics spirit deep-rooted ancient state whether establish the society of rule by law ? a lot of scholars hold doubt attitude for this, some scholar even assert China is ethics social in the past, is now ethics social, even if will come to her have developed , have modernized , is still ethics social. therefore, some scholar appeal vigorously in Chinese modern process regress self traditional cultural spirit. we agree Chinese traditional society is ethics society( courtesy coarse society) judge , also agree up to the social main spiritual structure of present our country is the viewpoint of ethics spirit mainly, but disagree on this kind of spirit accord with Chinese modern purpose, disagree with China more should regress traditional ethics spirit. we think : Chinese traditional ethics spirit embody mainly in the natural grade and social infiltration and standard of blood relationship. this kind of ethics spirit still have its positive meaning today, have important role especially for the sincerity solidarity of holding together of Chinese nation, but for is moving towards modernization, realize run the country according to law the China of general plan, traditional ethics spirit, is especially on modern legal system and modernization and the ethics of the Confucianist of leading position more is have contradiction and conflict. as the conflict of the worthy politics and politics of rule by law, the conflict of the sage rule and rule of ordinary person and grade( identity) system and equality( contract) right standard etc., duty standard and the conflict of system. Replace wilful spirit with reason spirit, . in a word the, modern social requirement of legal system is the heavy affection of feature with elasticity the ethics spirit of heart operation to is the heavy reason of feature with rigidity the spiritual transformation of rule by law of behavior operation. this kind of rule by law melt worth orientaton have objective demand , also have realistic possibility. Chinese nation carry out economic market melt , political democracy melt melt with spiritual civilization great choice make the social demand of this transition day by day clear compose , also make the spirit of rule by law have the possibility of realization. however want this kind of possibility change for reality, still have very long road will go . the Chinese process of rule by law in government authority carry necessity forward bring government save consciousness and rule by law contain main autonomy requirement produce conflict, have only main part universal act on one's own get help from within consciousness with get...