| Study on Chinese culture and the rule of law, first of all have to face, is the academia often talk about a topic:"there is no rule of law thought in ancient China?" This paper argues that, in the ancient Chinese Legalists have thought of rule by law, the related rule of law thought is rich in content, structure of the system is more complete, look today, the related ideas of the rule of law in our country’s current construction of a country ruled by law and improve the socialist legal system construction still have considerable value, but we also should see the legalist thought of rule by law have some of our the construction of rule of law in modern society are not coordinated with the negative impact. We want to examine rationally", takes its essence, discard the dregs." in the development of the times, constantly transcend traditional, use. This paper is divided into the following five parts:The first part is mainly about the pre-Qin legalist school carried out a simple definition, clear the legalist school representatives and main ideas, and a brief analysis of the Confucianism, Taoism, Mohism, School of thought and the associated rise of defects.The second part introduces the main ideas of the rule of law, is divided into the positive and the negative two aspects. Positive aspects such as legalism equal view, history view, safeguard national unity, against the powerful etc.. Negative aspects such as the extreme penalty policy, a policy etc..The third part introduces the construction of rule of law in China for over30years the achievement and dilemma. The part from the concept of the rule of law, legislative, judicial, legal education and other aspects of the rule of law in China, reveals the current situation.The fourth part introduces the legalist thought of rule by law the positive aspects for the socialist legal construction draw lessons from a meaning.The fifth part put forward to overcome the negative effect countermeasure thinking of rule of law. |
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