The Real Right Law And The Cultivation Of Private Law Spirit In China

The completely developed gens system and the concept of national power builds up ancient Chinese law cultural tradition which pays more attention on criminal law but less attention on civil law which last for thousands of years in China. That means the value concept of national benefit and society harmony is of upmost importance, and such conception penetrate limitlessly into all the fields even including private affairs filed , then leave no space for civil affairs. But after long time revolution of human history, now we are facing the situation how to define the RIGHT, and put more importance on handling with the RIGHT carefully, so the private law system is very important for the nomocracy country or countries those on the way looking forward to nomocracy. Under such circumstance, nomocracy should start with respecting the private right, improving the private law system, and cultivating the civil spirit. This paper try to get the spirit of the ancient private law by tracing back traditional private law of ancient China, and study how the real right system formed gradually, and try to take advantage of it for the construction of China market economy. Compare it with China modern nomocracy, analysis the supposed roles of private law and public law play in the construction of modern nomocracy. It's strongly recommended that take private law as the basic orientation, sometime properly rectified by public law, and emphasis that on the way to building and improving market economy system and on the way to building democracy system, civil law system, as well as on the way to the improvement and conception building of private law is very important to the nomocracy construction.At the end, this paper try to describe the native way how to cultivate the spirit of private law in China, that is building China special civil society, then build up the core spirit of private law such as freedom, equality, right, obligation by explaining, appealing, sparkplugging and practising of it, then make a solid foundation for building up a good nomocracy system.