China's Construction Of Rule Of Law And Traditional Law Culture

On March 15, 1999 ninth session of National People's Congress's second conferences passed the constitutional amendment,"The state upholds the uniformity and dignity of the socialist legal system."had been written down into our country constitution. This is the new milestone of our country democratic government by law construction. To implement the government by law, and the construction government by law order becomes our party, the government and whole nation's goal. The basic idea of government by law is the legal authority; in front of the law, everybody is equal, the human rights and the freedom are safeguarded.The basic ideas of traditional law culture and the government by law are conflict. In the traditional law culture negative factor mainly displays to the contemporary government by law construction hindrance in three aspects: First, the authority supreme, the power is bigger than method authority selfish departmentalism hindrance law authority's setting up. Second, rank idea which taking"ritual"as core hinders establishment of everybody equal principle in front of law. Third, country selfish departmentalism and law instrumentalism hinders establishment of safeguard human rights and free principle.To eliminate hindrance from the traditional law culture to the government by law construction, achieved the goal of the government by law construction, it must in the revision tradition law culture, the digestion, buy in other country and in other nationality's legal culture foundation constructs the Chinese characteristic the socialism law culture, and causes it tends to consistently with the modern advanced legal regime and the legal idea development direction. Constructs the essential way which the Chinese characteristic law culture adopts is: In rejection tradition law culture negative factor, revision positive factor; Profits from West's government by law construction experience; Enhancement legal regime construction; Molds citizen's modern law idea through the legal education.