Confucian Thought Of The People, And Its Contemporary Value

Since modern times, Chinese traditional law cultural has received challenge of western law cultural constantly. On the whole there are following several response ways. First, seal oneself, repel totally; Second, on the premise of regarding traditional morals as the foundation and not shaking basic structure of traditional cultural, absorb some outside cultural and patch up. The failure of result of response above has been proven by practice. Third, open widely, accept totally, hold negative attitude to tradition completely, so called "westernize totally". This way only has function of teaching beginners, but not having constructive meaning. Fourth, criticize, explain and talk each other, reconstruct Chinese law cultural. This way could not get rid of the influence of departmental selfishness of cultural, though it contributes to the development of traditional law cultural. Finally, combine China traditional law cultural with western law cultural and produce new-type cultural of modern law with Chinese characteristics, according to the needs of practical problem and reality of China.China native law cultural composes the foundation of modern rule of law historically and objectively. The tradition of one native cannot and couldn't cut off easily and break with completely as realistic soil that cultural stores in, no matter how subjectively we want to get rid of the traditional constraint, how we attempt to break away from tradition, but ,in faint, we still have conceptual frame and cultural glasses that tradition endows with us.Therefore, I cast research direction to traditional community, try to use one of Confucian ideas—people as the foundation as a notch of comprehending society and formulating rule of law. The article divided into three parts. Part one: "Origin and development of Confucian thought of people as the foundation". Starting from legendary Emperor Huang's time, separating into four periods—three generations of remote antiquity, Spring and Autumn period, Qin, Han, Tang, Song Dynasty and Ming, Qing Dynasty. I give a concise summary to the development of Confucian thought of people as the foundation through the typical thinkers' and politicians' speech of each epoch. Part two: "Historical significance on Confucian thought of people as the foundation". Based on division of part one, I comment the thought in four respects: the thought people as the foundation denied the development of religion theology; partial restriction on monarchical power easing public pressure; helping to bring up consciousness of honest and upright official; the thought pressing consciousness of civil right, as well; promoting development of social economy, the thought making it difficult for the tradition on society to break away from shackle of smallholders. Part three: "Meaning of Confucian thought of people as the foundation to China contemporary construction of rule of law". As conclusion of this article, on the basis of realizing on historical background of the construction of rule of law, I explore positive meanings of the thought on the construction of rule of law from three angles: the thought of people as the foundation and human right; durable construction of people -official and government-society; rule of law and harmonious society. But the purpose of this article doesn't lie in reappear the brilliant of the thought of people as the foundation, lies in making Chinese rule of law to have a foothold native foundation solidly and not losing contract with practice. Then, we search for a way of rule of law fitting for China genuinely.