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The Conflict And Melting Of Legal Concept In Legality Modernization

Posted on:2012-10-06Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiuFull Text:PDF
GTID:2216330335975689Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Both legal modernization of the legal system, including the modernization of legal concepts, to achieve the rule of law, the grand goal of building the rule of law, the legal awareness of citizens of the progress of the establishment of rule of law is a vital prerequisite. However, advanced systems and laws can get in the way the introduction or transplantation, and legal concepts of national culture, national traditions of historical accumulation, contains a distinct value judgments and spiritual orientation, with a strong national character, tradition, stability And conservative, and its development and change process is slow and difficult. Therefore, the new concept of legal culture can not be the same as the legal system through the introduction of rapid growth or transplantation. In this paper, the rule of law concept of legal culture in the modernization process of the conflict, come to meet the legal concept of modern legal culture, the need for integration.This article first modern legal system and legal culture from the connotation of the concept to explore the concept of rule of law and legal culture of modern relationships, domestic and foreign scholars on the legal culture through the different interpretations of the concept to gradually explore the meaning of legal culture and legal culture in contemporary China by Situation in the Western concept of the law of conflict of cultural values of the performance of traditional and modern legal culture to analyze the performance of the concept of conflict, the contemporary legal culture of possibility and necessity of the concept of integration, and integration of diverse legal and cultural basis of the concept of elaboration.This paper used the semantic analysis, historical comparative law itself and the legal culture, legal culture, the concept of contemporary conflict and fusion were described and analyzed. Generated through the legal and cultural basis of the socio-economic, political, and cultural foundations and so basic to the study of Chinese contemporary legal culture based on the concept of integration, as well as the concept of legal culture, the path of integration.In China, to build the rule of law, we must not only concerned about the legal system, is more important is to pay attention to ideological and cultural aspects of the legal culture; not only to transplant Western legal systems, but also greater emphasis on China Inheriting excellent traditional legal culture, development and transformation. Chinese people, under the leadership of the Chinese Communist Party, are trying to build the rule of law, the rule of law and the socialist market economy, democratic politics and spiritual civilization closely linked; in building a socialist country ruled by law, we must not only learn from Western countries, good The rule of law experience, but to go with Chinese characteristics, the road of socialist rule of law. Chinese traditional concept of legal culture and modern conflict between the rule of law, legal culture and Western ideas of conflict, we should address them, and to coordinate the formation of contemporary China's rule of law. Renewal of legal concepts is indispensable to the legality modernization...
Keywords/Search Tags:Culture of law, Legal concept, Legality modernization, Conflict and Melting
PDF Full Text Request
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