Study The Value Of The Traditional Chinese Legal Culture In The Modern Rule Of Law

Legal culture is worth studying in the United States jurist Friedman There is a saying: "The code behind a strong ideological movement," this sentence is very incisive thinking can be seen that the creation of the legal system and to realize the important value . Therefore, "legal problems from the outset, obviously is not only legal issues, cultural issues at the same time." The rule of law in building a harmonious socialist society, is bound to strengthen the legal culture. China's legal culture to find traditional Chinese culture and Western concepts of the rule of law fit, to the "localization" and "legal transfer," a combination of the road. It is necessary to inherit a long history of traditional Chinese legal culture, carry forward the national spirit and promote the traditional concept, but also to "justice" for the basic principles of the rule of law in acquiring western cultural patterns. To carry out institutional innovation and reform ideas, especially bold and learn from the West to take full advantage of modern legal culture of good results, inclusive and open up China's own characteristics, there is a modernization of the road to the rule of law. As a result of in the traditional Chinese legal culture in modern China the rule of law in the value of the article on the subject in the idea of a.In order to write the main article on how to build in China to cultivate maturity and the rule of law in modern society, improve the legal tradition of Chinese culture to achieve.Legal culture for thousands of years of human history and social practice created by the spiritual wealth of human civilization is the most important part of human civilization in all countries in their social practices have developed with its own legal and cultural characteristics. As a cultural phenomenon of law, human activities are the subject of a result, people in the clotting activity demonstrated by the strength and can be subjective. To correctly understand and inherit and carry forward the traditional culture of law, it is necessary to clearly understand and grasp the spirit of the traditional legal thinking essence.Legal culture is different things, the conflict has long existed and exchanges, is now more extensive and profound. Western legal and cultural adjustments contained in the social relations of knowledge, wisdom and experience, the technical aspects of the law, as well as in the struggle against the feudal autocracy in the form of democracy for the valuable legal thinking, we should draw useful The composition, use them. Neither blind xenophobia, to close the door; Shengtunhuobo can not, mechanically. It should be noted that in particular, the Western legal culture contains many of the market economy and legal adjustments to adapt. As the market economy for all mankind for all things in common with, learn from Western legal and cultural adjustments in the market economy, the success of the experience for China's legal system is of practical significance. Chinese legal way to the reality of modern culture should be the first Chinese legal culture should be placed on the Law of the World's culture as a whole to observe, from the attention of foreign legal culture in the process of modernization of the lessons learned.In this paper, the idea is academic, legal and cultural norms as a social and value systems, social development is essential. Through the development of Western legal culture of different historical trajectory of a comparative analysis and research in an attempt to reveal the law of Chinese and Western cultural differences, particularly on the rule of law in China's modernization construction. On this basis, this paper made it clear that the legal culture of China to achieve modernization of China must break through the barriers of traditional legal culture, to take full advantage of modern Western culture, the legal outcome of the fine. And then discussed how to build in China to cultivate maturity and the rule of law in modern society, improve the legal tradition of Chinese culture to achieve. As China's socialist modernization development, especially in the establishment of a "socialist country ruled by law" to establish goals and foster the corresponding legal culture, which is to solve the problem of modernization of China's legal culture has long been on the agenda. In contemporary China, the building of socialism with Chinese characteristics country ruled by law, there is an urgent need to draw on the cultural and legal research, we have to construct the rule of law. We will not only learn and study the heritage of our ancestors - the traditional Chinese legal culture, but also study and learn from some of the legal culture in the West.In the 1980s, with the "cultural fever" The rise of China as an important part of traditional culture and traditional legal culture has become an increasing concern of scholars. Has passed away at 20 years, the academic community on the traditional Chinese legal culture research has been achieved quite good results, there are a number of innovative forward to come out one after another. However, the law of the traditional culture studies need to be refined further and deepen, there is urgent need to address some of the major theoretical issues. If the legal traditions of Chinese culture and the modernization of the rule of law between what kind of relationship; traditional culture, whether legal or what is the composition of out-of-date, dead things, how they hinder the modernization of China's legal system; and what ingredients or universal , The value of long-lasting, how to carry out their creative transformation in order to promote China's modernization, and so on.Legal culture as a social norms and value systems, social development is essential. Based on Chinese tradition of in-depth analysis of the legal culture, especially traditional Chinese legal culture and characteristics of the content analysis to the law on traditional Chinese culture in the modern construction of the rule of law. On this basis, this paper made it clear that the legal culture of China to achieve modernization of China must break through the barriers of traditional legal culture, to take full advantage of modern Western culture, the legal outcome of the fine, the importance of building its own legal culture. Which focuses on how to achieve legal and cultural traditions of the modern transformation.