Native Customs, The Rule Of Law And The Construction Of Harmonious Society

Humane relationship is one of the important contents in our society. It is closely related to our daily life and is a pervasive social phenomenon in China. Chinese people have a traditional respect for it. The ancients told us that our standard of living should be "do benvolence ".This is not what we are required undertaking any tremendous performance, but can be fealty to parents and children, love their families and neighborhood. We can be a model. This seems to be coincides with the the essence of a harmonious society. However, the primary characteristics of a harmonious society lies in the emphasis on the primacy of law, strict accordance with the law, namely, a harmonious society for the first performance is the rule of law. In order to reach a harmonious society, we need to achieve humane community to the rule of law society in transition. In view of this, the paper mainly from the following six parts, focusing on the inherent conflict between the rule of law and harmonious society and how the two should be coordinated.The first part of article is divided into three main sections. In fact, we feel this term is familiar, but if you would like to give it a precise definition, it is not an easy thing. Ancient and modern scholars are keen on it. I also cited a number of well-known scholars on the definition of humane sympathy, and they are given such a definition of each. The second section is the characteristics of human society. The human society, I summed up four features. The third section is the main causes of humane society. I separate from the economic, political, cultural, three aspects to discusse. The formation of the humane society is first because long-term self-sufficient economic. The second is because long-term feudal dictatorship rule, the final course is because of the profound impact of Confucian culture. It is precisely because China is a traditional respect for humane, so we have more the difficulties in construct ruling by law.In the second part, I mainly comb the connotation of the community to the rule of law and the rule of law. The first section is the basic content for the rule of law. This section is along the historical development, with a few selected representatives interpretation of the rule of law, including the concept of the rule of law carding embryonic development, and formation. This section I used Webber's classification on the substance and form of the rule by law, from the real and the form situation of the ruling by law both the basic principles and requirements were also discussed. The third section is a fundamental symbol of the rule of law, this section I mainly reference to Professor Zhang, "Philosophy of Law study areas", a book on the elements of the rule of law and mechanisms related content.Part III is human and the rule of law on the conflict and confrontation. In my view, confrontation and conflict is different concepts. Confrontation is a static and an abstract concept, I choose the value of such a point of view, to explain the antagonism humane and the rule of law. My paper is from public and private, clear and vague, stability and change, equality and difference, justice and non-advocacy, rational and sentimental to clarify the different nature of the two. Conflict is a dynamic and a specific concept, I selected from a realistic point of view to understand the dimensions of humane values and the rule of law on our lives and the life of the country affected. I still use this part of a contrast, from the law indifferent humane and humane prejudice the legal to explain.Part IV is the negative impact of the rule of law, we have the third part of the heterogeneity of the two, since different, then from humane society to a modern society ruled by law, and the process of transition is bound to hard. This is mainly manifested in these parts. In this section, I mainly choose the view of the humane awareness is erosion of the point of rules. Rules are to avoid non-rational humane concepts to participation in legal judgments, thus underlining the judgment in the decisive significance of logical reasoning. Humane erodes the concept of awareness of the rules mainly in preventing formation of the logic legal thinking, increasing violations implementation of the rules in the social costs and against the overall interests of the public order and stability.Part V is in the positive significance for humane concepts to the ruling by law. Humane concepts are deep-rooted in Chinese people. It seemed to have become a typical feature of them. As a cultural tradition, it is on a certain positive role for the traditional legal culture. We have adopted the attitude should be lofting the good and discarding the dross. In this part, I mainly aims to show the essence of humane tradition and of to demonstrate its positive impact on the building the ruling by law society. This part I am mainly from the following three aspects to illustrate the problem: In the shape of affinity, improving the market economy system construction, and building a harmonious society ruled by law cultural atmosphere.Part VI is the humane, the rule of law and building a harmonious society. This part for choosing such a subhead is based on taking into account cultural inheritance type. I think that the tradition is not completely abandon. In a thick of the traditional concept of humane society, we should to do is how to retain the essence of traditional and to use it for the construction of the ruling by law. I also stated in the title, that is, in a harmonious society how to coordinate the ruling by law and the humane. In this part I described three aspects, namely, the rule of law concept of the people, stressed that democratic and scientific legislation, deepening the legal system reform and constructing a harmonious legal culture.We should address humane concept in the rule of law role. Preserving its reasonable composition is helpful in this process of the rule of law today. But at the same time, we should not overlook its shortcomings. It is only through the modern transformation, for fitting the spirit of the rule of law.