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The Tentative Approach Of The Modernization Of Legal Awareness In China

Posted on:2008-05-06Degree:MasterType:Thesis
Country:ChinaCandidate:X H ZhouFull Text:PDF
GTID:2166360272968188Subject:Legal theory
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Nowadays our country is in the creative historic stage, this is the change from traditional legal awareness to modernize. The traditional legal awareness has made great clash with modernized which had many western elements. The traditional had thousands years'history, of course it has many advantages to fit for the modern society, and it still keep existing and developing for the great power from the feudal society. On the other hand, our law system and legal researching has been affected deeply by western countries from our building of democracy and legal system. The western experiences are not only successful examples, freedom, democracy, human rights and the other ideology that they proposed also meet the needs of our market economy. These concepts got amazing speed of developing in china, but these values are out of tune with our traditional concepts, such as the doctrine of Golden Mean, harmony, family approach and obligation approach.Basically speaking, the modernization of law awareness is to adjust to the constantly changing economic, politic and cultural condition. The most important step of building modern legal society is to set up the supreme authority of law in society. Law must be believed, or else it is nothing. From the developing process of our legal society, there are many obstacles to build the authority of law in china. More and more people lose the trust with law, they believe that the law is useless, the law is the tool of politics, human relationships is more important than legal concept, and many other same ideologies are popular in our society, which is badly affected our legal system progress. However, the history of setting up the authority of law in western countries may inspire us, especially the way of religion took effect in this process. Even though, the modernization of legal awareness is not making our legal system become Westernization, but western world is the hometown of modern law, so their history and reality is not only experiences, but also our precious lessons, if we want to talk about our development now. Furthermore, the development of law is not totally westernized, but reflect the globalize trend with mutual affect between several kinds of legal culture, this trend implicates many reasonable elements of western legal culture, while it also includes many legal tradition from the long period accumulation and inheritance of other countries. Therefore, it is the integration of western culture and non-western.
Keywords/Search Tags:Legal Awareness, Modernization, Religion of Law, Religion
PDF Full Text Request
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