Influences Of Traditional Rule By Ceremonyon Modern Legal Construction

Managing state affairs by law and constructing socialist legal country, as the fundamental principles, have been one item of Chinese Constitution. In this way, modern legal state has become the mainstream idea in current political life. China is a traditional "Rule by Ceremony" society, known as "the land of propriety and righteousness," the ceremony of the Chinese nation has a long tradition of governance, political civilization more to "Rule by Ceremony," the form of performance.How traditional "rule by ceremony" influences modern legal construction and how to construct modern legal order in China where the thought of "rule by ceremony" is deeply rooted, have attracted attentions not only from political circles but also from academic circles.Though the western criticism on Chinese traditional "rule by ceremony" has been conducted continuously, modern "rule by law", introduced as advanced state managing principle and ideology, is very difficult to be established in China. Why? This paper indicates that the reason doesn't lie in our incomplete criticism on traditional "rule by ceremony" and that we should rethink the hysteric criticism under value assumption. It is necessary to consider how to face traditional "rule by ceremony" during the process of modern legal construction after we know clearly the scientific meaning of "rule by ceremony" , "rule by law", modern law and the influences of traditional "rule by law" on modern "rule by law'.This paper, beginning with the scientific meanings of "rule by ceremony" and "rule by law", sums up the relationship of contradiction and unification of the two kinds of ideologies. It then indicates "ceremony" is the core of Chinese traditional culture and the civilization of "rule by ceremony" is the important part of Chinese civilization. "Rule by ceremony" and "rule by law" are not completely contradictory. During the history of thousand years, "rule by ceremony" and "rule by law" existed in alternation and conflicts, in the trend of amalgamating and accepting as well. With the strong impact of western legal civilization, "rule by ceremony", as the principle of managing state affairs and the mode of government, has lost its life in current society. However, as one kind of historical tradition, "rule by ceremony" does not fade away but has great influences on our society. We should realize that though traditional "rule by ceremony" has been deconstructing and embarrassing modern legal construction, it has also brought positive inspiration to us. Traditional "rule by ceremony" has the same basis with modern law and the same internal spirit of constructing harmonious society and revealing humanism. Therefore, we should not criticize "rule by ceremony" and complains our ancestors who haven't left reasonable legal civilization, which will bring us away form our tradition and has no benefits for modern legal construction. We should explore the modern value of "rule by ceremony" and rebuild it to benefit modern legal construction. Modern legal construction must be based on traditional "rule by ceremony". Only in this way could law really enter into our society. Such is the only way to realize "rule by law" in China. Otherwise, Chinese legal construction cannot achieve success.The full text is divided into four chapters. Chapter I deals with the "governance ceremony" and the meaning of the rule of law. Through investigation, "li", "li governance," the rule of law in ancient China, the West's emergence and development of the rule of law, etiquette of two different civilizations and the role of the historical status, and reveal "Rule by Ceremony" and the modern meaning and essence of the rule of law. Chapterâ…¡carding a "ceremony of government," the unity of opposites and the rule of law. Through the study of Chinese history, "etiquette dispute", "li governance" and the rule of law and integration of the confrontation, which clearly traditional "Rule by Ceremony" and the main conflict of the modern rule of law and different. Chapterâ…¢of the traditional "ceremony administration" carried out to explore the modern value. Of modern times on the traditional "Rule by Ceremony" excessive criticism of a rational reflection, in reflection, based on revealing the traditional "Rule by Ceremony," the rule of law for modern inspiration. Chapterâ…£discusses the process of building a modern rule of law in how to face the traditional "Rule by Ceremony effect". Reviewed the modern history of China's rule of law in the course of practice and the construction of socialist modernization, the rule of law established national goals, analyzes the status of the rule of law and errors in the review of the construction of the modern theory of the rule of law. Pointed out that the modern rule of law should correctly face the traditional "Rule by Ceremony," the impact should be abandoning the traditional "Rule by Ceremony" based on the build.