China Ancient Times Criminal Law Culture And Modern Government By Law Idea Construction

In each kind of human culture achievement,the legal regime is one most complex most unusual spiritual creation.Because of the legal regime often by one most intense way,concentrates the prominent expression one kind of order,manifests one idea.In other words,the legal regime realizes its dominant basic tool as the country,as social relations important regulator,often take the national compelling force as the backing,made all sorts of requests and the limit to the members of different social classes then.So in one kind of legal regime,a concentrated reflection nationality and a society's basic value idea,also was reflecting at that time the people all sorts of views and the procedure which regarding the nature,the society and the human and the human related.In the concrete legal regime and the legal article has the very complex social thought factor.The legal regime is a country and a society reflected in certain time material life condition synthesis that,is the human society life whole refraction.Society's progress and the civilized evolution,causes the law also from the primitive simple custom,turns towards the structure gradually rigorously,is rich in the philosophy the pattern transition.China ancient times criminal law culture means the Criminal law system as well as criminal law idea which with China ancient times the natural economy,highly the absolute monarchy rule and the patriarchal society structure adapted.In under the traditional culture influence,China ancient times the criminal law has formed its own characteristic.This article through summarized China thoroughly ancient times the criminal law culture connotation,and from law philosophy many characteristic angles:First,from Germany and the law,the ritual and the punishment relational aspect studied China ancient times the criminal law culture origin,the development and the evolution,the analysis ancient times the criminal law culture frontage and the negative influence which brought to the Chinese modern government by law construction,and refines the Pu world basic idea which some modern government by law society needs,this regarding understood China's tradition legal regime and the construction modern government by law idea has the advantage;Second,through analysis comparison in West in criminal law thought aspect like legislation foundation and legislation idea,legal content and value orientation,as well as aspect and so on judicial process and law enforcement effect profound differences,in line with principle which uses according to qualification,profits from the Western related government by law thought,provides the reference for the construction modern government by law idea.For example,only then "the law leaves the law from the people" which can manifest to be fair,to be just;only then "take the law as this" which can manifest method the dignity,the authority;only then "cautious uses the penalty" which can manifest the law and even the entire society's intolerance and harmonious.The analysis obtains the modern government by law society to have to pay great attention to "the humanities concern","the form rationality","the entity is just" and so on the criminal law thought raise conclusions,and provides to the government by law idea construction to be possible to supply the model the ponder.