Death Of Socrates With The Chinese In The Context Of Legal Belief

The rule of law and building a socialist country ruled by law has been identified as a basic strategy of governing the country. The rule of law is not only an important means of social governance, but also building a modern nation-states an important way. We are a large number of transplanting Western legal systems in developed countries, hoping to speed up the process of rule of law in some of their own, but we gradually discovered in the West a better implementation of laws, In the country has more or less have a discount. In wrestling, there have been scholars who suggested, in order to establish rule of law must be in cultivating the public's belief in the law and the law in history to find a model of faith, and that is Socrates. However, decades of legal migration path has enabled us to deeply understand the different historical and cultural background for the formulation and implementation of the law has a critical influence,So again the vocabulary of the Western Exotic "legal religion" can not transform completely absorbed and applied?In this paper, Death of Socrates with the laws of China in the Context of the theme of faith, from the four aspects described.The first part, the Chinese in the Context of the legal definition of the meaning of faithFirst, Berman and other scholars on the legal brief discussion of faith listed and summarized for legal scholars discussed the characteristics of faith. First, the reason being mixed with the non-rational factors; second, the subjective desire and behavior of uniform and objective; and third, is a dynamic process and the ultimate goal of reunification; fourth, the law exists between the main interaction between the . Second, the rule of law with Chinese characteristics, as well as the recent major political party's principles and policies, especially given China's historical and cultural tradition, China's belief in the Context of the meaning of the law is defined as: people in long-term contacts with the law generated in the process of respect law, close to the law in order to comply with the law consciously proud of thinking patterns and behavior.The second part, the law and damage the performance loss of faithBelief in Law missing the first performance of a passive law-abiding behavior is pervasive harm that is caused by the legal operating costs. The face of the law, even if you are in compliance with their inner motivations may be different, with higher levels of the legal person of faith from the heart consciously abide by the law of faith less people are forced by the law's deterrent and passive compliance. This passive law-abiding by the law is a direct consequence resulting from the increase in operating costs, for example, we are crossing the street light is not enough, the middle separation zone should have. The second law of faith is manifested by lack of non-legal authority of the offside and endanger the cause of the decline in legal authority. At present non-legal authority of the offside mainly for administrative and public opinion interfere with the judiciary. In a normal legal society, justice must be just the last line of defense, when people put their own interests to safeguard the last hope lies in the media, government officials and other non-legal authority over time, which means declining authority of the judiciary, judicial the last line of defense function of the gradual weakening of the law talk about faith!The third part of the reason for lack of faith in the lawThe West in the Context of faith in the law the first reason for lack of ethics of the law of the East and the Western tradition of religious-based differences in the law. Western legal grew out of religion, religious right law to be profound and enduring influence, secular life, law, religion, shadows are equally ubiquitous. In ancient China is a traditional "rule of man" state, to small-based, family kinship as a link, To maintain the rule of absolute monarchy as a value orientation, in order to consolidate the caste system of hierarchy and non-v. harmonious natural order as the basic objective, ethical and torture, to punish the principal means for governing the country; the West in the Context of faith in the law the second reason for lack of Doctrine is a legal tool to history, tradition and reality tend to adverse effects. Shang Yang's achievements is one of law to change law, the law allows the state of Qin has improved steadily, but the law of the spirit of fairness and justice had disappeared. The purpose of the law we ignore the value of property, ignoring the law of human nature's ultimate concern. Vigorously to promote the instrumental value of property law.China in the Context of faith in the law because of missing the first asymmetric litigation costs and benefits be made a lack of belief in the value of the legal basis. When too many people experienced all the difficulties of the court, when more people saw this difficulty, one can understand why for some minor violations around the majority of people chose to endure rather than Nengren to seek legal relief; second reason is the lack of legal migration makes the legal system has been the growth of faith, the environment, transplant survival was legal system, lack of suitable soil, resulting in lack of acclimatization, vitality is not strong, a country's legal culture must be deeply being rooted in the culture in order to continuously develop, expand, or only gradually wither; The third reason is the lack of legislative techniques to make the law has been a lack of emotional foundations of faith. Development of a city such as domestic traffic rules and regulations: did not follow the zebra pedestrian struck by motor vehicles and motor vehicles is not responsible for, this provision has been called "Zhuangliaobaizhuang." If a similar law, regulations often, the damage can only be a people's longing for the good of law and expectations.The fourth part, shape the way the law of faithMainly from three aspects could be considered to strengthen the legal cultivation of faith: first, to seek reasonable, legal and static balance of power. First of all stressed that the law should be fair and reasonable; followed by power and reasonable should be stressed that coordination; finally stressed that the power should be subjected to under the law. Secondly, to seek reasonable, law, power, dynamic balance. First, to raise the scientific level of legislation. Currently we have the legislation in line with people's interests and needs of the conditions, if carried out in a clear area corresponding improvement in people in their lives using the enthusiasm of the law will be gradually increased, the law is conducive to the formation of faith; Second, we should vigorously promote the humane law enforcement, with full respect for, understanding the premise of the parties, based on due process and strict law enforcement, with its emphasis on strict law enforcement and humane care of the unity of the law to punish the unity of function and educational functions; Finally, it must establish the absolute authority of the judiciary. To shape the popular belief in the law, establish the authority of the judiciary is a key component. Because he is the availability of public respect for the law, trust protection. Third, the main body of legal training at different levels of faith. Strengthen legal advocacy efforts to tell people what is right, how to protect these rights are important, but more important is to target different audiences in different ways for different objects to teach their different content. For ordinary citizens, increase the legal advocacy efforts is a more effective way; for in order to white-collar civil servants are generally represented by the main body in order to foster the feeling of conscious pride mainly law-abiding; for legal workers to train for the law mainly dedicated to professionalism.