On The Modern Transformation Of China’s Traditional Culture Of Procedural Law

Litigation act, from the view of its essence, are closely connected with the social economic foundation, political structure, and living styles of the environment it existed. Based on these factors, with the historical development of human life, it continued to accumulate and innovate, thus formed all litigation legal cultures with different characteristics of the times.Chinese traditional litigation legal culture is based on the self-sufficient peasant economy, absolute monarchy political structure, patriarchal and acquaintance society, heaven philosophy, produced a most typical feature—non litigation theory, wearing a strong ethical quality. In this social context, traditional litigation legal culture directly behaved to be moralized, administrative and non-specialized, humanized, low-procedure and individual and non-logical in the jurisdiction.Until nowadays, though the traditional legal systems are dismissed, the spirits and theory of traditional law are still exists, in addition, along with the constant turnover and heritage of legal culture, such negative influence are stretching in mass’s opinions and awareness, this is contradict with the situation of prosperous socialist market economy. One of the most important reasons can be the traditional litigation legal culture is not merged with modern rule of law and modern market economy, and it made the litigation legal culture fell behind litigation legal systems, being a big obstacle for the development of legal systems and perfection of modern rule of law.Actually, to reform and innovate the traditional litigation legal culture and make it realize modern transformation has become an urgent task in our current construction of law. We have to admit that after the reform of law in late Qing dynasty, the traditional litigation legal system with thousands of years has experienced fierce baptism, but nowadays, Chinese socialist legal system has taken shape, litigation legal system is in the transition period of tradition to modern society, and appeared many new characteristics, and it proposed higher requirements for the construction of litigation legal system.This text through analyzing the causes, characteristics and performance of traditional litigation legal culture, explored the origin and development of traditional litigation, elaborated the impact it brought to modern rule of law and in the text of modern market economy to realize its modern transformation put forward my own views and opinions.The author believes, Chinese traditional litigation legal culture has some rationality in traditional society, but to make it realize modern transformation, we must catch the specific circumstance and time characteristics in our legal construction, from the consciousness to idea put the "three-first" theory as ruler, put "humanism" as essence value, put "procedure justice" as basic requirement, put "harmonious society" as times pursuit, critically inherited the traditional culture, making faith of law become a customer, promote judicial activism, establish procedure awareness and to merge legal culture from different cultures, so as to promote the advancement of rule of law and the realization of harmonious society.