Traditional Chinese Legal Culture And Its Modern Value

1980s,with the rising of culture upsurge, the traditional legal culture, which is an important part of traditional cultures in china, is attached great importance by scholars .In the past 20 years, a lot have been achieved in the study of the traditional legal culture and plenty of works with creative ideas came out continually. But the study should be further done in accuracy and depth, and some important theory subjects have to be taken into account. For instance: what is the relationship between the traditional legal culture and Chinese legal system modernization? What on earth are outdated or rigid in the traditional legal culture and how will they impede the progress of Chinese legal modernization? What are of universal significance and eternal value, which should be creatively made use of to accelerate the Chinese modernization? The essay, based on the analysis of the tendency of the day in the construction of Chinese socialist legal system and the law principal of Marxism, firstly analyses the relationship between the Chinese traditional legal culture and the modernization of legal system , at the same time ,it points out that Chinese traditional legal culture is not only the logical and historical starting point, but also the cultural resource of legal modernization; secondly, the essay puts great emphasis on exploring the modern value of traditional legal culture, that is. the essay tries to find out what factors in traditional legal culture will still be of significance to modern society progress and development in china and to the improvement of Chinese modernization. Finally, the essay puts forward some original ideas about creative transform of traditional legal culture so as to lay foundation for further studying of this subject.