| Modern legal idea is that everyone in society of rule by law should have a rational quality, which constitutes the spirit essence of the rule by law. It is not only the idea of legal standardization of power, but also the spiritual support system construction. It not only affects the quality of legal norms, but also restricts the legal norms into practical effect, eventually determine the success or failure of legal system. Modern legal idea as the rule of law support the inner soul and spirit, is not only an important condition for the rule of law country, but also a country to achieve an important symbol of the rule of law.At present, China is in a period of social transformation, social transformation is a special structural change. It implies not only changes in economic structure, social structure and other aspects of the transition will occur simultaneously. Level of the legal system of which the change is inevitable, but in our view the process of building the rule of law, modern legal idea of the soul of the modern legal system in China has not yet mature. Therefore, the current culture of the modern legal idea has highlighted the important and urgent.The rule of law in China, establish a modern legal idea, there are two problems. On the one hand, traditional legal idea in China, both Confucianism and Legalism, the law is the device governing all the people. Law only the interests of the ruling class used to maintain the privileges and management tool for people with a strong rule of law and pragmatism color. This is the traditional legal idea, the lack of a rational essential spirit and noble pursuit of value. It is difficult to successfully guide the rule of law of social order and the rule of law to give lasting support to the cultural patterns. Bound to prevent people from really establish the idea of the modern rule of law. On the other hand, the lack of culture soil that modern legal idea is growth of the Chinese legal. Cultural life of people in the long process of practice produced by the unconscious, spontaneous experience in built up bit by bit. Needed to establish the rule of law culture soil, is not entirely subordinated to the mind of people in the design and construction.As one jurist has pointed out, "social life, not the people in the control culture, but culture in the controller. It is precisely because we have too much depth and breadth of cultural ignorance, we have people jump off a guide and control culture possible, "legal culture as a cultural form, is after several generations of experience, is a product of history. In traditional Chinese culture the dominant Confucian culture, the spirit of Confucian culture is contrary to the modern notion of the rule of law. Therefore, the rule of law in China is difficult to produce culture, in people's minds is the dominant notion of the rule of man.Because the idea has exogenous, receptive, reflective characteristics, which makes legal idea with the potential by cultivating their sound. Coupled with the growing maturity of the market economy, democracy continues to progress, ideology and culture to the outside world, which has for our modern legal view to create the conditions for cultivation.This article is the notion of modern law through analysis to identify the legal view of hysteresis, and finally proposes an effective approach to training people to adapt to the modern rule of law and the laws of nation-building view. Article is divided into three parts:First, the rule of law in the modern legal idea. The first part of the formation is a simple analysis of the cause of the modern legal notion, and then focus on the legal idea of the modern interpretation of the proper content:supremacy of law, individualism, rational form..Second, the hysteresis of contemporary Chinese legal idea. This section is based on the part of the legal idea of the hysteresis corresponding to the analysis carried out, is a comprehensive summary of the legal idea of time hysteresis of specific performance:nationalism, the case of justice, instrumental.Third, to culture the modern legal idea. The best part is I most want to do a part, of course, the whole focus of the article. First of all. in order to effectively complete the modern legal idea of change, this section defines specific training objectives. 1, the training of legal officials, people-oriented notion. Its main object is the legislators, law enforcement and judicial officers.2, the training of the whole society's legal faith.3, the culture awareness of the rights of ordinary people. Then, with a lot of ink to explore the practical training methods. |
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