| The 21st century, the concept of modernization has gained. In the economic field, the goal of modernization is to build and improve the socialist market economic system. In the political field, the goal of modernization is more widely developing socialist democracy. In the legal field, the goal of modernization is to establish social, political economic development compatible with the legal system, the establishment of the process is the gradual realization of China's legal modernization process.In the first part of this article,we resolve the scientific content of legal culture. Because the understanding of different scholars from different perspectives, the cultural interpretation of the law are not the same.In the full analysis on the basis of information obtained,we know that "Legal culture is in a certain socio-economic basis, a nation long live together in formed, relatively stable, and law-related theories." Then, the traditional legal culture of China has carried out excavations, from that It mainly features the following:"Power First" ideology outstanding; "Combination of etiquette and law" very complete; "despotism" was very popular and so on. In traditional Chinese society, the formation of the legal culture is a certain degree of social causes:subsistence mode of production; conservative way of thinking obedience; parents authoritarian social structureIn the second part of this article,we introduce the main elements of the traditional Chinese legal culture, including the modernization of the legal system both negative and positive effects. Mainly the negative aspects of the "rule of man thought that focus on moral cultivation"; "law from the monarch" which explains in authoritarian regime; "the concept of law which emphasize the duty";"unity of the three powers" of the legal order and so on. Traditional legal culture, "emphasizing righteousness benefit"values, "to and for your" social order and the China on the legal concepts and much more for us to achieve modernization of the legal system provides a wealth of "local resources." Once away from traditional legal resources, there is no legal basis for the development of modernization.In the third part of this article,we explains the relationship of traditional Chinese legal culture and legal system modernization. Modernization of traditional legal culture and legal system as the basis for different produce, there will be conflict side. However, from the cultural continuity of the modernization of traditional legal culture and legal system still has compatibility. The fourth part shows the traditional Chinese legal culture of the modern influences. One negative aspect of the main problems:1,"Rites order"blocking "rule of law and order" established; 2,"hierarchy and privilege" in "democratic equality" of development; 3,"State Standard" in "individual rights" to obtain;4,"power first" blocking "the law led" the establishment. Today, we are to achieve modernization of the legal system, or should be based on the traditional Chinese legal culture. Finally from the "Germany first" and "Germany and France simultaneously Administration"; "lawsuit information war" and the mediation mechanism of modern society; "Justice & Benefit" and the concept of justice and interests of modern society; from the traditional" fair administration of justice "and the fair administration of justice in modern society in these areas are listed in the traditional legal culture of the modern transformation.The development of any society can not completely put aside history. Therefore,under the conditions of the socialist market economy, traditional Chinese legal culture, the legal system to achieve the goal of modernization has important practical significance.
|
PDF Full Text Request