On The Harmonious Concept In The Legal Tradition System Of China

The Sixth Plenary Session of the Sixteenth Central Committee of the Party proposes value orientation about harmonious culture. The harmonious cultural most cores content is, advocating the harmonious concept, manifesting the harmonious spirit, vigorously initiating the social harmonious ideal faith and the value orientation. China's rule of law realization or not, no doubt cannot leave the surface layer system construction in, but is rooted in to the national lives the natural habit and the law value idea is essential. Harmonious concept is the finally purpose of the legal values. Harmonious concept is the main clue in this article. First, it discussed the connotation of the harmonious concept in the legal tradition system of China and summarized four parts the harmony about nature and human, person and community, person and person, and human itself. Then it expatiated the social basic and academic basic of the harmonious concept in the legal tradition system of China in second part to found out the reasons it occurred and foundation stone. The harmonious concept in the legal tradition system of China does not only appear by accident. It has been influenced by other factors .The social factors are circumstance of nature and petty farmer nature economy. The ideology factors are the ideas of Universe and Man Existing in Harmony, Harmony-compatibility, Great Harmony , and Doctrine of the mean. It combined with the status of China Socialism construction of rule of law, search after the path to achieve the harmonious concept in the legal tradition system of China. This path changes people-centered doctrine into human-oriented, changes the idea of The "Human Sentiment", the "Ethics" and the "Law" into ruling the country by law, changes the non-lawsuit into justice, then achieves the modernization of the harmonious concept in the legal tradition system of China.