| The advanced systematic law culture has been established now in our country, including the modem constitution systems and modern law systems adaptable to the socialism market economy. That is to say, in our social life, we have laws to be obeyed. However, the corresponding modern law ideas and concepts have not been built. In our country, the contemporary ideological law culture shows diverse characteristics , and the traditional law ideas have a certain position at level of mental consciousness of law culture, which lead to an embarrassing situation in our law construction. That is, the established laws have not been observed, and the supreme authority has been not established. This situation leads to the conflict between the two basic factors-the institutional law culture and ideological law culture , which form the unity of law culture. The "dual conflict" will affect the development of the rule of law. Therefore, it is of great necessary to have a deeper understanding the reason of "dual conflict" and exploring the approaches of solving the contradiction to enhance the regulation, which is the aim of this thesis.Apparently itself as the conflict of institution law culture and ideological law culture when "dual conflict" is on the surface, it shows the clash of traditional law culture and modern law culture in essence. I think the "dual conflict" have two sources: the first originates in the continuity and influences of Chinese traditional law concepts. The second is the lack of legal resources in the first 30 years in china, which causes the negative effects. By analyzing the conflict between china's traditional law cultural concepts and modern legal regulation concepts, and examine the reasons why china was lacking in legal resources for the first 30 yeas as well as the negative effects for modem legal culture construction because of shorting of legal resources, the paper tries to probe the ways and approaches to deal with the "dual conflict".Although china's traditional law culture has its own values and advantages, it is conflicting with modern legal regulation in the basic ideas and orientations. This conflict is mainly manifest in four aspects: First, it is the conflict between law principles of universal equality and that of specific privilege belonging to feudal society; Second, it refer to the conflict between principle of supreme law and tradition of supreme power; The third conflict is that of concepts between just procedures and empty procedures; The fourth one refers to the conflict between principles of legal regulation to guarantee rights and legal orientation ofinstrumental awareness. The legal conflicts determine the difficulties of Chinese legal construction ,and the results of its legal regulation's building will depend on a large scale on whether and how we can do.The law construction in the first 30 years in china had an unsteady course of development. Due to the people's movement, the policies used to take the place of laws, the negligence by some leaders and etc, the legal resources were extremely lacking for that time, at the same time, a series of legal concepts and behaviors, which were opposite to modern legal regulation concepts, took into shape. They are the concepts of neglecting laws and legal systems, ideas of confusing policies and laws, concepts of empty procedures and etc, which are great hindrance to our modern legal construction.The "dual conflict" of our present law culture is so deeply rooted in the shortage of modern legal regulation that the key to solve it is to cultivate the concepts of ruling of law. It should connote the following elements: concept of supreme law, concept of right culture, concept of power control and that of just procedure. To form the concepts of ruling of law is a great systematic project, which demands improvement in the following respects: To improve market economy and to perfect democratic institution is to provide inner support; To enhance legislative quality and to ensure law's justice is to provide legal supper; To foster... |
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