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The Impact Of Confucian Ethics On The Rule Of Law In Process Of China's Legal Construction

Posted on:2011-07-07Degree:MasterType:Thesis
Country:ChinaCandidate:J Y WuFull Text:PDF
GTID:2166360305487234Subject:Legal theory
Abstract/Summary:PDF Full Text Request
As a national psychology and an intellectual tradition, Confucian ethics has a persistent influence in the process of rule of law. As the " rule of virtue" is model of governance the traditional Chinese Confucian advocated, and this tradition still has a powerful influence on" governing the country according to law "which has become consensus today, therefore, there is no doubt that taking the traditional Confucian " rule of virtue" and its relationship with rule of law has a strong theoretical and practical significance for our modernization of the legal system based on the West neoteric and modern legal system .Firstly, the paper discusses the basic content of traditional Chinese Confucian ethics and relationship between rule of "Virtue" and "rule of law", on a historical perspective,it explains historical evolution of relationships of Confucian ethics and law, rule of virtue and"rule of law"in the Former Qin Period, the Qin and Han Song and Song to later Qing. Subsequently, the paper illustrates the neoteric and modern situation of traditional rule " rule of virtue". Since 1840, the Opium War, the traditional Confucian " rule of virtue" began to be the impacted of traditional and there are conflicts between the development and transplantation of of the legal system. Finally, it demonstrates that China's process of rule of law can not simply transplant Western legal system,and should also reflect China's traditional ethical values by analyzing the process of building of legal system, after the founding of our country.
Keywords/Search Tags:Confucian ethics, Ceremony, Law, The rule of virtue, The rule of law, Informal system, Conflict, Interactive
PDF Full Text Request
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