The Evolution Of Contemporary Chinese Legal Modernization Theory

From a worldwide perspective, the theoretical research of the modernization originated in 1960s.In the mid-1980, the theory of Law and Modernization has become one of the hot topic that research focus in Chinese Jurisprudence. Starting from the academic study of the Law and Modernization theory so far,it can be divided into three stages:the gestation,the formation and the development of the theory.At the end of 1970s and the beginning of 1980s, the discussion about rule of man and the rule of law is the reflection and criticism of legal nihilism in the The Great Proletarian Cultural Revolution and strong echo to develop socialist democracy and to improve the socialist rule in the Third Plenary Session of the 11th Central Committee ofCPC.Law and Modernization is the history process of traditional legal system to modernization legal system,along with the transaction from traditional society of the rule of man level to modern society of the rule of law level. The modernization of the legal system means that a social legal system can adapt to the needs of the modern society.Moreover,it can adjust various social relations in order to make it appear in an ordered status.According to the different types of division, the mode of Law and Modernization can be divided into exogenous modernization, endogenous modernization and mixed type modernization. The way of Law and Modernization has the local resources theory, the legal transplant,the way pushed by the government and social evolution.In the process of Law and Modernization, the development of the country’s legal system cannot separate from mainland. However, in the age of globalization, the development of the legal system must also be geared to international.The research of Law and Modernization theory is mainly focus on period of history, region,specific department and so on.’Strengthening of Empirical Research Methods’and’Putting forward Regional Rule of Law’exhibit the new trends in the study of Law and Modernization.Law and Modernization should be straightened out and summarized every stage character. It’s not only as an important part of law theory, but also as an academic way of exploring the national legal modernization system and summarizing the experience and lesson.