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On The Traditional Chinese Legal Culture, The Positive Impact Of The Rule Of Law

Posted on:2012-02-11Degree:MasterType:Thesis
Country:ChinaCandidate:Z X TengFull Text:PDF
GTID:2246330371982151Subject:Law
Abstract/Summary:PDF Full Text Request
The Chinese culture is the Chinese nation is worth the proud precious spiritual wealth, as a Chinese culture part ofChina tradition law culture is the history left behind the rich precious inheritance. Carries on the system, the thoroughexploration to the Chinese tradition law culture’s essence thought achievement, by the historical phenomenon, inquiredinto that the Chinese tradition law the connotation, learns from history, inherits the Chinese tradition law culture in thegovernment by law modernization to be succinct, has the very big practical significance to the Contemporary Chinagovernment by law construction and profits from the function unreplaceable. Without national spirit healthy, does nothave the nationality outstanding traditional culture true revival, the country to be powerful, the society harmonious,economic boom a series of goals cannot achieve. Must construct both are in keeping with China traditional culture spiritand not to violate the Chinese government by law modernization value request the legal regime, must achieve will passancient and modern China and the West, the improvement system, inherits the fine traditional law culture, and has thechoice to profit from, the absorption overseas outstanding law achievement.How to carry on the government by law modernization in the question, advocated that comprehensive“westernization”, regards as the Chinese tradition law culture is the barrier; Advocates “the localilzation”, then thoughtthat “the westernization” does not tally with the Chinese national condition, does not have its growth soil. Through to theChinese tradition law culture’s deep research, this article thought:, West by no means “as incompatible as fire and water”relations, but is may “swallow anything and everything uncritically”. Looked from traditional culture’s angle that thesurmounting space and time’s boundary, inquired into the cultural deep place the special characteristic, and to Chinatraditional culture “the magic arts nature”,“the beauty unites”,“is friendly but not at the expense of principles”,“theworld belongs to all” and so on chief feature to carry on the analysis, proved that China traditional culture the core valueis rational, gathers, the extremely rich vitality. Looked from the humanities angle that West’s government by law idea hasmany basic value pursues “to agree without consultation” with China traditional culture content, this is not the simplecoincidence, but is the culture “the conjunction”. World various nationalities pursue the ultimate objective is humanity’sblessing, therefore, global culture, although the diversification, the goal is actually consistent. Regardless, how is thegovernment by law pattern likewise diverse, its goal is also pursues “good method to govern good”, the pursue civilizedand advanced is the current China and the West law cultural exchange reason and the goal.In has not presented the general government by law pattern under the premise, road of the Chinese government bylaw must pay great attention the traditional law culture influence the research and the practice. The Chinese immediatelygovernment by law practice should implement absorbs human all advanced cultures the principle, first is absorbs thetraditional law culture to be succinct, simultaneously also includes the Western law culture other legal culture. Lookingfrom the influence, the Chinese tradition law culture to the Chinese government by law construction influence must beimmediately intrinsic, independent, even is basic, the Western law culture’s influence is external, the object and concrete.As for the China traditional culture compatible characteristic, not only the traditional law culture is not the government by law modernization resistance, moreover can dissolve the Western law culture outstanding achievement the mix power,while serves for the government by law modernization, the traditional law culture also inevitably can accomplish ownmodernization.
Keywords/Search Tags:traditional culture, traditional legal culture, rule of law
PDF Full Text Request
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