Legalism And Its Implications In China Construction Of Modern Law

The people are the creators of history.People,who creat history,don't creat it at people's will.Furthermore they inhreit the conditions from the past.Mordern rule of law is the product of human civilization,a country wants to be the rule of law,for a certain degree,which affected by their history and culture.In traditional Chinese thoughts,Legalims respect "the rule of law".Some of the content and the modern rule of law fit each other in some way,which is helpful for the modern rule of law.But in ancient Chinese Legalism's thoughts whose the fundamental value of the position are different from our modern the rule of law,there still being a big gap between one another.In my paper,Using conflicting views,analysis Legalism thoughts into two parts.From a positive opionion,Legalism can be seen insist on rule of law,who attaches the great importance to the rule of law,emphasized the law of justice and fairness,promote the idea of Political Reform,advocate"the law follows the times".and Legalist thought that they must strict with official;From the negative aspects,they promote strong moral uselessness,human nature is evil,morality is to produce root of evil.In addition,the legalists emphasied monarchs and the implementation of obscurantism,also seriously neglect democracy and disregard for human rights.Therefore,we must be critical about the treatment of Legalist thought that we inherited,we should make up for each others deficienicies. Legalism integrated positive and negative factors, to learn the essence of the process of abandoning its dross, we must be legal thought and the modern distinction between the rule of law.Attach great importance to the legal effect of legalism, with particular emphasis on the political and social laws in the run China Film highly standardized, these are interlinked China's current construction of a modern place where the rule of law, to promote social progress and have a positive effect. However, Legalist thought and modern legal concept of irreconcilable between the Department. Fundamental view, legalism, "the rule of law" and the modern rule of law is fundamentally different, both the maintenance of class domination and class interests are fundamentally different. Legalism all claims are intended to safeguard the sovereign of the feudal landlord class dictatorship, which is the modern rule of law and protection of human rights, binding power of the Spirit to the contrary. From this level of sense, legalism of the "rule of law" and the modern rule of law is second to none. We must face the Chinese traditional culture, to get from Legalism Law in Modern China Construction. This requires us to establish and improve China's legal system,strength the rule of law in China,fully promote democracy,protect human rights and combine "the rule by law"with"the rule by morality".In our country finally realize to take the rule of law with constructive idea. This article is to discuss and analyse the Legalism and the basic spirit of the idea,also derive from the modern rule of law's valuable practical significance in our country.