The Idea Of ​​confucianism And Civil Relief System

Reform and opening up, China put forward the development of the socialist system with its own characteristics, but also introduced many Western systems, such as civil service system. August 14,1993, China formally signed the issued "Provisional Regulations on Civil Servants." At this point, a socialist country with Chinese characteristics, the birth of the civil service system. Civil service system in China is running less than 20 years, but for administrative reform of the personnel is a big step forward. However, we should see that our civil service system has just started, and China is a long history of state with a long accumulation of a profound national culture, national culture on society today that have a significant impact on all aspects, which profound traditional culture of the civil service system also has an important effect. Civil relief system is a classic. On the one hand, the establishment of civil relief system, as opposed to the positive protection of the rights of the civil service has a very important role, on the other hand, China's civil remedy system there are still many outstanding areas for improvement, this paper tried to influence the important thought of Chinese culture--Confucianism and Legalism to analyze the traditional culture of the relief system for civil servants.Relief of the civil service system is transplanted from the West from the Civil relief system, but many foreign advanced systems will migrate to China after taste. Therefore, it is necessary to study the traditional Chinese culture, the impact on the system. This is the relief of the civil service system that exists behind the ideas of Confucianism and traditional factors. This thesis uses literature review to the introduction of cultural evolution theory to solve the system relies on the existence of traditional culture in today's society. Second argument is the cultural impact of the political system. By analyzing the relationship between culture and system to prove this point, the relationship between culture and the system including:first, the culture and system integration and coordination; second, culture and system of interaction; Third, cultural and institutional conflict. Came to the conclusion of National Culture on a nation-state system is going to affect the conclusions. By comparing the reference found in the current system of foreign civil remedies in the civil service system, lack of relief, and draw relevant conclusions:Chinese traditional culture of the civil service relief system mainly reflected in the "lawsuit", and Confucianism and this "lawsuit" impact relief system of the civil service advantages and disadvantages. To advantages in terms of:first, there is a strong advantage of the mediation, the mediation can take full advantage of this advantage to deal with civil rights remedies. Second, there is a strong function of moral education, compared with the legal terms, has its own advantages. The disadvantage is that:first, the weakening of civil rights consciousness, so that civil servants are not adequately protecting the rights of his own lung power. Second, the weakening of traditional culture, the legal consciousness of the civil service, civil servants of the law is not the true faith. Third, China's legal construction to impede Legalism traditional understanding of the law so that people become rulers to maintain the feudal rule set, which is obviously very different from today's meaning of the law. Then the impact of culture on the system to analyze China's national culture impact on the civil remedy system and its mechanisms, the final conclusions. First, the establishment of civil mediation system to play Confucianism and "lawsuit" has a strong mediation effect, alleviate social contradictions advantage. Second, Confucianism and thought to play a "lawsuit" moral superiority, relative to the law, it resolved the problem more thoroughly. Third, given the ideas of Confucianism and "lawsuit" relief system for the adverse effects of the civil service, judicial relief system should be established as soon as possible.