Selection And Reorganization Of Contemporary Chinese Cultural Resources Of Constitutionality

The Chinese nomogoly is established on the transplant foreign rule of lawtheory.With the outbreak of Opium War, Chinese nomogoly influenced by europe andthe United States, Japan, and the Soviet Union, the rule of law theory. Learn fromexcellent culture of different countries, it’s a mean for improving culture of a Country.For the rule of law in China in terms of construction and development, abandon ourcultural subjectivity, unsuitability of foreign culture has become increasinglyprominent. The pursuit of liberation of ideological and cultural,and criticizetraditional culture, we forget the importance of traditional culture of our country. Inthe search for mental resources of constitutionality in today, we need to addresstraditonal Humanism Spirit. Screening, extraction and transformation of traditionaHumanism Spirit is the only way to modernization, especially the use of resonablemethods to “creative transformation”and reconstruction of contemporary peopletraditional Humanism Spirit, can be transformed into a moderm sense, and become aprecious resource thinking of constitutionality construct.China and the world need a kind of new humanism which absorbs the essence ofchinese and west humanism and merges congnitive rationality and moral rationalitytogether so that modern politics and society can be founded on morality andrationality at the same time.This article is divided into four parts, except for the introduction and epilogue.The first part is to compare humanistic spirit of Chinese and Western,andexamine the two cultures in generally. Summed up the different characteristics of theChinese and Western humanistic spirit.The second part is basing on both the Chinese and Western humanistic spirit,Due to humanities characteristics different, the Chinese ancient governance as well asWestern rule of law showing different development path. as a the later theoreticalbasis.The third part to analysis from the two angles, the rule of law as legalism,confucianrule of law and the rule of law as constitutionalism, Become the basis for therule of law in China of humanistic resources.The fourth component is to concept of how to restructure the of humanisticresources. On the whole, connecting democracy o momality, combining natural rightsand morality, and harmonizing rational humanism with moral humanism are the hardbut necessary task to complete in our present time.