The Modernization Of The Legal Experience And Contemporary French Enlightenment

After the victory of the French Revolution, the feudal forces, it was a heavy blow to the development of capitalism in France and it laid a good foundation. This time, in the economy, the French appeared in the machinery of the factory, the French began the development of the capitalist economy, the development of the French economy will inevitably bring on the development of French cities, the urbanization process in this, people rely on the contractual relationship between the survival of the formation of the pursuit of equality between people, the pursuit of personal interests to meet the social model. In this environment, France must pass laws to protect the capitalist economic development and political stability, which the French legal system for the development of a modern economic base and stable social conditions. In the political level, through the baptism of the French Revolution and the constitutional monarchy system from the three Constitution of the Republic, France republican regime finally established, it is in this period, the quest for freedom and equality, there is growing, the French Government adopted a series of the consolidation of the Code of bourgeois political power, and promote the modernization of the French legal system. In the ideological concepts, France, in the 18th century enlightenment emerged, the bourgeois ideas from religious theology and feudal dictatorship to the detention of the liberation of the quest for talent rationalism ideas emerging human rights and personal rights and the development of capitalism and the spiritual pillar and impetus to the modernization of the rule of law.20 Century 50 years, the European integration with the formation of the capital, goods, free flow of personnel, in 1958, applications for membership, the French economy, promote the rapid development, will lead to political changes, the establishment of a new international political and economic security structure, the world to diversified development, and France in the world environment, the law must be improved, and the rule of law must be modernized to move forward.France starts legal modernization in the late 19th century, now still in development. Based on the dynamic mechanism of national historical and cultural background, and in the processing and settlement from the traditional to the modern complex contradictions in the development of relations of value choice of different, to form a different pattern of development. France is concerned, France has the typical features of legal modernization, is the hairstyle, traditional variant, the rights of individuals in standard type, form of rational and reasonable value and development of a unified model of legal modernization. Through the study on France's legal system modernization drive, the realization with modernized legal system of our country needs to draw lessons from and studying France, discard the dross and select the essence. Improve the legal system of our country, foster the modernized spirit of the citizen of our country, try to realize the modernized goal of legal system of our country as soon as possible.This paper using comparative analysis, lists and the method of historical research, of the legal system modernization from France, emphatically analyses the causes of the modernization of the legal process and the French, and points out the patterns in the development of China's legal system modernization insufficient, puts forward some methods and suggestions of the legal system modernization. In addition to the introduction and conclusion, the paper include four parts.The first part of the legal system modernization focuses France, discusses the causes of the modernization of the legal and the industrial revolution in France the inner relation and French political system and modern relationship; Discusses French issued after the special law the development of social law; After joining the European Union in France discussed France of the legal system modernization development situation and expounds the development process of the French law modernization factors. The second part of the legal system modernization process from France to France to the historical development of the modernization of the legal process described in this paper. Discusses French legal modernization start period is scheduled for commercial capitalism development period in this period of reason and the development situation of French legal system; Then discusses its developed when accelerating, this period the manifestation of the modernization of the legal in what aspects, is how to speed up the modernization of France; The paper after 1980, it is concluded that the French law French legal system modernization development development is a top-down gradual development process.The third part of the legal system modernization from France, analyzes the characteristics of French view of the legal system modernization mode selection and political system happen major change reasons. For that part of the research is to use scientific analysis and comparison, for better explore China's legal modernization development road of reference and help. Research on why France within legal development mode, and the hair to hair mode, outside China for both existing differences should be how to understand.The fourth part is in the first three parts on the basis of full analysis explores China's legal modernization up existing problems, in order to search for solutions to the China's legal modernization development path's problems. Study compared with France in China, the lack of legal spirit, what modern China should be how to face how to cultivate the spirit of modern legal system of Chinese citizens.