Research On Legal Cultural Conflict Of The Construction Of Rule Of Law In China

The growth of western legal culture is a social evolution, depending on its own strength. The concept of the rule of law originated in the ancient Greek and Roman ,experienced the development of modern bourgeois revolution. In the era of today's economic globalization, it furtherly demonstrated its vitality. In the late 19th century, the western concept of the rule of law was introduced into China with western colonial expansion. the"exogenous"China development of the rule of law shows a tortuous course. The reason lies in the conflict caused by the cultural heterogeneity, and the huge differences in the Connotation of China and the western legal culture. From the reform of the legal system from the end of the Qing Dynasty, the Republic of the constitutional reform, to build a socialist country ruled by law. Legal cultural conflict has always been a bottleneck restricting the process of the rule of law in China.How to resolve conflicts better in the cultural construction of the rule of law and weaken the negative factors in the traditional Chinese legal culture, while maintaining the continuity and development of Chinese traditional culture the main legal culture, is an inescapable issue in the face of contemporary builders and researchers. I contrast the differences from China and the Western legal culture and distinguishing between the entity value of the rule of law and the formal value in my paper, abstract China and the Western legal culture in the highest level on the entity value level to the Combination of China and the Western legal culture, and then chose the Civil society theory, to described my own views, about searching for the revolution of the cultural conflict The article is divided into four parts :The first part explains the concept of the rule of law, reveals the history of the theory , the rule of law, in the Western, then also reveals its the process in China. The rule of law has different meanings in different historical stages, different countries even in different Law Sources, To sum up, its basic meaning is the highest status in the social adjustment system. It achieved full control and adjustment in the basic areas of social. In the spirit of the rule of law, including the Constitution's supremacy, the balance of power ,act in accordance with the law, an independent judiciary, the core is to restrict the power of the government and safeguard the people's rights, shows Constitutionalism in today's reality. The theory rule of law experiences ancient Greek and Roman, modern bourgeois revolution and the multiple development after world warâ…¡,led to the spread of Western-developed legal culture. Rule of law has been introduced to China since the 19th century, experienced the legal system reform in the end of the Qing Dynasty, exploration in the and China's socialist construction of the rule of law, the rule of law in China has always been a difficult path. The reason lies in the lack in the factor of the rule of law in China, a country which has deep-rooted legal cultural tradition, and the conflict in legal cultural tradition between China and the western.The second part explores the concepts of the legal culture and doing a comparative analysis between. Is a multi-cultural concept of legal scholars have different interpretations of the law and culture, summed up in a broad sense. intermediate and narrow three levels. In this paper, which the legal culture, justice, human activities and the sum in legal practice. The law refers to the area of social superstructure, legal awareness and legal thinking. a series of activities and facilities, such as the legal system and the sum. Chinese traditional culture of ethics laws as the basic feature of Confucian thinking, The far-reaching influence of man, this system from two dimensions to the concept and culture of the Chinese legal analysis and lessons drawn from several Western legal culture of China and there is a big difference, as demonstrated by : China's "sovereignty" with traditional Western, "the primacy of law" principle, the special rule, Hierarchy and the rule of law, the spirit of universality, equality principle, the "duty" of the Western Standard and the "right" perspective, dependence integration and the decentralization of the judicial system and restraint procedures.The third part of the legal papers on the legal and cultural issues of the conflict is the focus. First, it explained the relation of legal culture and the rule of law. They are limitations and constraints for each other. The legal culture is the historical resource for the rule of law. The rule of law has a great influence on the growth of the legal culture. Secondly, it analyzes the reason and behavior of conflict of legal culture. The conflict of legal culture mainly happened during social, economic, political, cultural transform. Now, China is during social transform. After innovation, western advanced legal culture introduction speeded up, extension expanded. It's natural to conflict to Chinese traditional legal culture. Social structure and reality in Socialism elementary phase determines that a lot of kinds of culture exerts influence. So conflict is inevitable. The differentiation between concept legal culture and system legal culture, the lag of legal consciousness and thought and the exceeding of legal norms, jurisprudence, legal establishment in another word, manifests conflict between Chinese and western legal culture. Finally, it summarizes response of academe. About conflict of legal culture, Chinese academe has several points of view, such as"combination of China and western","introduction of western legal culture". I think most of these points finds solutions from specific cultural contents, failed to find best uniting point.Finally, the paper proposed some specific authors point for the choice of values, and system construction. The rule of law has the dual structure with the entity value and the formal value, Value can abstract entities from the rule of law in China and the West, the maximum value of the common legal culture, justice, freedom, the principle of equality. the choice of the Civil society theory with similar value targets, can resolve China and western legal cultural conflicts.Civil society refers to members of the society in accordance with contractual rules, economic activities basis of a voluntary and autonomy, social activities of private domain, as well as participation in the public domain. Civil society is featured by economy and multiple social rights, independent individuals, contract society and a high degree of autonomy. State-social situation of the dual structure to structure, the coexistence of diverse social life performance trend exist "pluralistic culture" and "the values of pluralism," a strong absorption capacity. Digestion and the ability to integrate heterogeneous value and a better society through their own natural choice for the central legal culture, integrating naturally,promote the Liberal growth to generate the rule of law with Chinese characteristics. Market economy is the basis for the civil Societies's growth, therefore, it need improve our market economic system, accelerate the development of the market economy, and expand the role of markets in the area, in order to lay a material foundation for the civil society to grow and prosper.Legal construction in China is a long and complicated process . As an important foundation for the rule of law, the research on the conflict of the legal cultural is necessary. Looking at this problem a legal culture itself detached from the legal culture, I think that improving our market economic system is the fundamental way to achieve cultural assimilation.