The Modernization Of The Legal Experience And Contemporary Greman Enlightenment

Nowadays, China is in the process of construct a system of socialist modernization, the modernization of the legal system is the most important part of this system.the realization of modernization of the legal system needs the process of changing the traditional legal system to modern legal,that is, the transformation from the traditional legal values, norms, system to the modern legal values, norms, and system. In the regard of the process of Weastern countries' social changes and historical traditions, Germany is the country which has the most similarities, for instance, they both have the traditions of powerful executives, the weak forces from the capitalist classes in the process of social changes, the social nature of giving importance to the economic developments, the powerful control to the economy, and so on. Therefore, the research of modernization of the legal system of Germany has a reality reference to construct the modernization of social legal system in our country.From 1871, when the imperial German united, Germany started the modernization of legal system, experienced 1919 and the weimar republic period in 1933, after the German supplement and perfect modern bourgeoisie, realize the basic legal system after the ruling party to Germany because fascist imperialists in front, under the rule of modern capitalism, Germany legal value, specifications, system suffered serious damage. After world warⅡ, Germany had been divided into two parts, occupied by the United States, Britain, France, Soviet Union, in the Federal Republic of German, which occupied by the United States, Britain and France established the basic law of Bonn in the nature of modern capitalism constitution, abolished all fascist law, restored the legal status of the Empire German period, and promulgation many separate regulations as the supplements of major law to adapting to the domestic and international social, political and economic developments in the new situations, especially the focus on the creation of German "economic law", has established Germany to be the international origin status of "economic law". On the other side, in the the other part which occupied by the Soviet Union, found the socialist democratic Germany, the abbreviation "East Germany", in East Germany established legal system with Socialism system as the foundation, the way until east Germany joined west Germany to realize the unification of two Germanies, abolished all the east German law, utilized all the west German laws in the united Germany, facing those problems of utilize laws after reunified which caused by various reasons, Germany had changed and adjusted all the necessaries laws which already have been implemented, involving multiple domain and each department, through continuous modification and supplement of the modern legal system, Germany towards stable mature of the modernization of legal system.This paper, using the methods of historical research, comparative analysis, literary research, analysed all those periods of startup, reverse, renaissance till the stable of German legal modernization, and through this, researched the development of German legal modernization, summarized the characteristics of construct the modernization of German legal system. Combined with the reality of our country, take the essence, discard the dregs. Complete our country's legal system, promote the reform of the judicial system, train the modern sprite of our citizens, strive for China to realize the goal for construct modernization of legal system as soon as possible.This paper using the methods of comparative analysis, lists and historical research, analyzed processes and patterns of the modernization of legal process from the causes, and summarized the experiences and exhortation, put forward the method and Suggestions of modernization of Chinese legal system. In addition to the introduction and conclusion, this paper included four parts.The first part focused on the causes of modernization of German legal system, discussed the relations between the modernization of German legal system with German political unification and the industrial revolution.The second part is in the view of the process of modernization of German legal system, elaborated the historical development of the modernization of German legal system. Discussed the first period of modernization of German legal system, which is the starting period, the second period is the development of the Weimar Republic period, and then go backwards in the Nazi Germany period, the third period is the legal Renaissance of two Germanies period, and finally summarized the new development of modernization of German legal system since 1990 the.The third part is from the features of modernization of German legal system, summarized through the whole history of the development of modernization of German legal system, analyzed the characteristics of modernization of German legal system; this part of the research has used scientific analysis and comparison, offered reference and help for a better explore of modernization of legal system in China.The fourth part is explore the problems in modernization of Chinese legal system in basis of full analysis of the first three parts, in order to solve the problems in the development of legal modernization in China. Compared with the process of construct the legalmodernization in German, and in the development of construct the modernization of legal system in China:how to deal with the relationship of internal and external problems, how to lack of legal spirit, how to complete the economic legal system, how to promote the justice reform and cultivate what spirit of modern legal system lacked of. Thereby, provided references to the construction of the modernization of legal system in our country.