Chinese And Western Modern Science And Legal Developments In The Way Of Thinking Is A Comparative Study

In recent years,there arise many views on the thinking manner differences of western and easter along with the Joseph Needham Problem why modern technology didn't produce in China.Opinions differ from each other,there are indeed some excellent views that give the author great illumination.Out from thinking manner,majority scholars referred to it.But as a result of not being special research,these scholars have own opinion on material analysis,however,they all lack sum and analysis from the whole national thinking tradition.The author thinks that,only out from the different thinking tradition between western and easter can we resolve the effects of thinking manner on the erect of modern technology from the essence.In addition,putting together the erection of modern science and modern law system,searching the commonness between them,and probing the relation of them and national thinking manner,all these can explain why modern technology didn't produce in China.This is a innovation in this research domain.Immanuel Kant said,there are two things in the world that can arose human's reverie, one is the brilliant star,and the other is human morality.We also can say one is law of nature,and the other is law of society.The produce of western science is not stem from the thinking of direct experience such as horse pull vehicle and human being push milling but from the observation and ponder of the brilliant star.The establishment of western modern country is based on the reflection and probe of rationalism tradition to the world social role. The western civilization is based on the two thoughts.Moreover,the splendid fruit is erected on the rationalism tradition.Because of rationalism tradition,western scientific thinking and law thinking separately from philosophy thinking early,but they didn't abandon philosophy thinking,after the ablution of western mechanism natural viewpoint, they all together regurgitation-fed the western philosophy.China has splendid history civilization,but it didn't produce modern science, democracy and legal system.The main reason is lies in the eastern non- rationalism tradition,and the eastern culture lack humanism tradition of western culture,and it didn't produce the history process of people foremost like Renaissance.Non-rationalism tradition all along in whip hand in China,so the tradition scientific theory and law theory didn't have breakthrough.Scientific and law spirit did not produce from China scientific thinking and law thinking.The Confucian ethic morality and Yin&Yang,Wu xing thinking plays an important role in Chinese science and lawmaking guiding ideology.Philosophic,ethical and political theory can not provide necessary nutrition for Chinese traditional technique and Chinese legislative technique.Modern communication of eastern and western pushed China to the rough course of learning western science and law.From Qing dynasty to nowadays,the history of introducing of foreign science and law and establishing law of science and technology is more than one hundred years.But in modern China,there is still no independent breakthrough in scientific and law theory,it indicated that the non-rationalism tradition is still take root deeply in Chinese people.In view of the different important role of rationalism tradition and non- rationalism tradition in history,the author do deep research from a new view point namely the interaction between theoretical thinking and practice thinking.Meanwhile,this paper demonstrated the key role of mechanism philosophy in the thinking tradition transformation.The Wusi movement advanced democracy and science,in essence,it begins the probe and pursuit of brilliant star and human morality.Science and law have deep in heart after hundred years,but the transformation of thinking manner need more time.Raise scientific spirit,erect law theory is the key point of our nation thriving.Though the transformation of thinking manner is not direct in relation with scientific spirit and law theory,it is the most practice problem.There are two innovations in this paper:one is by layer upon layer demonstrations,the author completely understood the rationalism tradition and non- rationalism tradition and deeply pushed the study of thinking manner.The other is the author indicated the important role of mechanism philosophy in the development and transformation of thinking manner. In the mean time the author demonstrated the positive connection between the establishment of law of science and technology and the transform of technology and economic centre. In view of the complex relationships among thinking manner,technology and legal system,we never wish to solve all the problems referred to,but we try to explore the challenges,to express our opinion,and to consult the scholars.