The Influence Of Traditional Chinese Culture On The Operating Mechanism Of Justice In The Han Dynasty

The development mode of law has every relevance to one country or one nation's culture. Culture is the soil and cornerstone of law generation. Today's European law system still permeates Ideological factor of European traditional culture. The European law system and law culture is also an inheritance and renewal of traditional European law culture and system. The formation and development of law can not do without culture. Culture firstly provides technical foundation for law, and the generation of culture provides possibility for articles of law. And, the abundance of literary context can make much more certain for representation of articles of law. One nation or country's dominant culture determines the nation or country's overall social values and value orientation, and then influences the idea and thought of law. In a word, culture is the mother of law, the formation and establishment of law idea and thought can not do without influence of culture. Through investment of"On Influence of Traditional Chinese Culture on Judicial Operation System of Han Dynasty", on one hand, we can intuitively understand how culture influences the construction of judicial idea and judicial system; on the other hand, how we deal with the relationship of social dominant culture and law idea and system, how we excavate the judicial idea and judicial system which is suited to the society under current social mainstream cultural values, and accordingly stimulate the development and progress of justice of our country.History and Tradition can not be torn apart, and the development of culture and civilization has heritability. Han Dynasty is the period for establishing foundation for the legal system and framework for traditional Chinese society. The judicial system and culture of Han Dynasty not only plays an important role in the judicial development of traditional Chinese society, also provides beneficial experience for today's judicial system construction.Han Dynasty, the formulation and foundation period of legal systems and institutions of the traditional society, witnessed its basic theoretical mode and spirits of legal systems inherited by the following dynasties. DONG, Zhongshu, who raised reformation on traditional Confucianism, focused on Confucianism doctrines, absorbed and integrated Huang-Lao ideology, Legalist ideology, Mohist ideology and Yin-yang ideology, and put forward the new Confucianism– the traditional Chinese culture with Confucianism as its core doctrine. After the reign of Emperor Wudi of Han dynasty who worshipped the Confucianism alone, traditional culture began to creep into all aspects of social circles step by step, affecting politics, economy and culture of Han Dynasty, and became main stream culture and values of society, influencing all aspects of people's life. It was also obvious to see the legal influence of traditional culture on legal systems of Han Dynasty. Influenced by traditional thought, the legislation guideline of Han Dynasty changed. For legitimate practice, traditional culture brought profound influence on the legitimate ideology and system of Han Dynasty in that the traditional thought influenced every link of legitimate area --- such as the Judicial Decisions According to the Annals Chunqiu proposed by DONG, Zhongshu in judging cases according to classical doctrine of Confucianism, and the doctrine promoted by ZHENG, Xuan of East Han Dynasty in explaining legal terms or legal articles by directly using the classical doctrine of Confucianism -- which further deepened the influence of traditional culture on legitimacy. Such Confucianism trend not only expanded the effect of traditional cultural thought in legal operation, but also directly made classical Confucianism into doctrines and guideline and principles for establishing laws in traditional society. Followed by the later generations, laws in traditional society gradually came into being and developed. And the particular legal characteristics of Chinese legal system also began to establish in Han Dynasty. Therefore, the legal systems of Han Dynasty had important meaning in Chinese Law History. Han Dynasty is the formulation and foundation period of traditional society, so did the legal system.To modern law construction, we shall, on the one hand, absorb and learn from abroad the advanced legal ideology and principal systems, while on the other hand, develop native resources because native legal culture, particularly judicial culture, leaves us precious wealth and has the necessity for us to develop. Meanwhile, developing legitimacy also means great in understanding law tradition and current legal culture of China. Law rooted in entire social culture and culture is the earth for formulation of law. Only when we develop native culture, we shall understand our cultural characteristics and lay the foundation for introducing in advanced legal ideologies from abroad.