Modern Transform Of Chinese Traditional Law Idea

Realization of manage state affairs according to law, building-up of socialist country ruled by law and formation of harmonious society all dependent on Chinese native country resource. The development of Chinese tradition law culture is important way. In the evolution of Chinese 4000 years history, China has formed a set of self's legal system and far-reaching law idea. The article tries to excavate the practical significance of Chinese traditional law idea. The article hopes that Chinese tradition law culture cream can promote and the traditional law idea can realize its modern transform.Firstly, the article analyses society background of Chinese traditional law idea by history doctrine method. The author thinks that Chinese traditional law idea is important content of Chinese agriculture civilization. Chinese agricultural civilization originated from ancient tribe's battles, and formed and developed along with the development of the despotic nation. The specific society formation should include the following inseparable parts: closed geographical environment, feudalism agricultural economy, patriarchal society system and highly centralization political system.Secondly, the article has drawn the outline of the tradition law idea evolution trajectory and sum up traditional law idea core content of different historical period. In the historical processes as long as four millennium, Chinese law idea has experienced three stages-"Li" , "benevolence" and "reason" . "Li" is the main system of Chinese substantive law, and it emphasizes human's behavior and pursues the realization of social order of royal power, faction, and kingship. "Benevolence" is Chinese rational law, and it pursues the mind purification and personality consummation."Reason" is Chinese natural law, and it pursues the legal framework of beauty gather.The author thinks that personal law is the main property of China's whole legal rules. It has the inherent spirit of goodwill, public interest and righteousness. And its foundation is the absolute personal relations; its realization way relies on tutelage enhancement, and the prevention and force of the personal behavior; the standard of judgment of social relations is the harmony of ethics; its original idea is the reason, justice and humanity; and its value pursues is the harmony of human society and universe.Thirdly, the article sets forth the difference of Chinese tradition law idea and west law idea by comparatively method. This article compares the production background, intrinsic spirit and value pursues of China and the Western law ideas. The author thinks the western law idea has completed the transformation from the status to the contract with the development of its economy way. The western law idea developed along with the capitalist commercial economy and natural sciences, social sciences, and philosophy after Renaissance, and it finally formed reliable western government by law tradition. China's tradition cannot produce the law idea of government by law. Therefore the government by law system that transplanted from the West can't live in China without the corresponding law idea of freedom, right and rule of law.Finally, after analyzing the positive significance of Chinese traditional law idea to the construction of government by law and the harmonious society, the article holds that we should make use of all useful resources, especially the traditional law culture to improve the development of modern legal society in the social transition period. The author only hopes that the article can be useful in the improvement of China's legal construction.