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The Philosophical Foundation Of Chinese Rule Of Law

Posted on:2008-12-06Degree:MasterType:Thesis
Country:ChinaCandidate:L WangFull Text:PDF
GTID:2206360215491979Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
At present, China's modernization process of the rule of law into an unprecedentedperiod of prosperity and glory; However, guiding philosophy of the modern law is nota construct. At present, many legal practitioners have been discussing this issue.Based on the analysis of traditional Chinese and Western philosophy France, theadvantages and disadvantages compared to the gap between the two sides lie,Construction of China in an attempt to find a modern philosophy of law, to promotethe rule of law in the process of China's help in some way.China Law course of historical development, and although it is not like the West,there were clear which law school; However, China Law historical developmentclearly has a main line; France in particular is the philosophy of civilization is veryclear. China and France is that the philosophy of civilization is basically: Confucianphilosophy to the mainstream, with law lessons at the philosophy of support, to Taoistphilosophy to add that such an inherited from the context. Western Philosophycivilization to a more obvious; Modern Western School four Dafa is the entire Westernsociety philosophy of the law were integrated. Therefore, this paper analyzes theChinese and Western representation of these jurists the philosophy connotation, and tocompare their respective advantages and disadvantages. Is the hope of modernChinese philosophy explore the development of the bright lights up a traceAncient Chinese Law is the first method from the beginning of the philosophicalmethod; Western jurists ancient method was first in political science and philosophymethod began. Visibility and Western Philosophy research perspective for thedevelopment of jurisprudence was to establish the basic framework and started thefirst law practice. Ancient philosophy and methods have been examined by the interestand focus, The author also philosophical method to inject such a great enthusiasm andin-depth thinking.Catered to the modern study of the science of paradigm shift the trend. That is toexamine the content-based methodology; The value of a single trend from the classwill shift value pluralism; Philosophy research methods from the overall tendency ofthe modern doctrine of individualism. Law tools, in this time of the trend of the times.In the contemporary Marxist philosophy based on the analysis of several well-knownChinese and Western School of Law Philosophy, Chinese and Western legal methods to identify the gap lies; then level with the Chinese and foreign legal analysis methodphilosophical method of gain and loss. Thus, in the building of our modern lawphilosophical method and the rule of law and order, clearly understand our humanancestors left behind jurists resources, and better for the rule of law...
Keywords/Search Tags:Philosophy of Law, legal method, law school of thought
PDF Full Text Request
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