Chinese Traditional Legal Culture Reconsidering And Stressed

Chinese traditional legal culture is 20 centuries 60 time later start by western academic value a topic. In China, the Chinese traditional legal culture system widely study, is in the 1980s after the matter. Now about Chinese traditional legal culture discussion has lasted for more than 20 years, is still far from over. This is because Chinese traditional legal culture theory always with legal transplant, legal modernization, the method of resources orientation, localization, legal multivariate problems such as "foulness" together, is more complicated. In fact, these are just on the explanation of the same question, and it is only expression way different ways.Chinese traditional legal culture in the long run, the position of marginalization and gnome. With regard to traditional legal culture has plenty of typifications generalization thorough popular feeling, and face legal construction, the plight of the traditional legal culture and often is seen as negative impact is restricted by the main factors of legal process. Through this paper analytical, in traditional legal culture research field, by using traditional legal culture social otherness focus opinion, help us to continue to reflect upon your own position, broaden the research sight, thus re-examine traditional legal culture and law of building relationships. In short, in the influence of the many factors legal construction, culture is an aspect, the reality of social and economic conditions, and is also a factor in cultural factors, not merely emphasizes the traditional legal culture negative effects, also want to see a hundred years to destruction of traditional legal culture, and the consequences caused by the western legal culture inherent defects and deep crisis.Must be explicitly such a viewpoint: traditional never mean decayed, conservative. National quality never is. Traditional is history and culture accumulation, only update not eradicated, lose the traditional national culture was lost, lost the characteristics of the history and culture on the basis. We need from the inherent law tradition, leads to moist the origin of China five thousand years, need scientific summary and absorb valuable factor. The traditional experience prove that the more profound and more thoroughly reflect the more accurately grasp, the benefit, thus creating reflect modern characteristic Chinese law.In view of this, the paper writing purpose is very clear, the person that hope the ancients created traditional legal culture in our times no longer criticized, but also can such as western enlightenment of the ancient Greek, Roman law by people like the respect and promote the development of modern law, become power. Through this paper to correct the modern society in Chinese traditional legal misunderstandings and prejudice, looking for a model for the modern legal development history of past experience, so as to shake off of traditional Chinese laws to criticism from the fundamental key, mainly to experience of traditional Chinese legal culture makes great wisdom.