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Contemporary Value Of Chinese Traditional Legal Culture

Posted on:2014-04-14Degree:MasterType:Thesis
Country:ChinaCandidate:J ZuoFull Text:PDF
GTID:2266330401450451Subject:Legal theory
Abstract/Summary:PDF Full Text Request
With the development and progress of the times, the past brilliant success ofChinese traditional legal culture doesnt return. However, it does not mean thatChinas contemporary legal system no longer need the participation of traditionallegal culture. In contrast, Chinese traditional legal culture as the cultural foundationand spiritual prop of Chinese construction of rule of law is still of great significance.Despite the strong impacts and challenges of western culture, a lot of content andcomposition of Chinese traditional legal culture is incompatible with the modernspirit of rule of law, but at the same time, we also need to be aware of that thetraditional legal culture of china still has many useful resources, and manyoutstanding elements contained in it are still worth mining and exploiting for ustoday. Concern for humanity, the pursuit of harmony, the love of country, theseoutstanding elements in line with the common interests of mankind, are still of greatadvantage to our todays construction of rule of law. There are a lot of legal systemsand experience which in Chinese traditional legal culture still worth learning, after allis the result of a historical panning and screening accumulation. Even if the ideas andsystems are backward and decadent, we can also use them as negative material,drawing lessons from history, to avoid and eliminate the similar mistakes. Whileevaluating and researching Chinese traditional legal culture, we must not hold that ithas completely lost the meaning of existence and development with the inherentprejudice and discrimination. What is more, we shouldnt use the western theoriesand values to judge our traditional legal culture. The western standard does notrepresent the standard of rule of law. Not some countries or some scholars have thefinal say on the spirit and concept of rule of law, which needs to be formed inpractice and must accept the test of practice. We should take an objective and fairattitude towards Chinese traditional legal culture, which we must understand andexplain dialectically, especially paying attention to the specific Chinas actualconditions and complying with the development trend and direction of the times.Undeniably, the recession of Chinese traditional legal culture is irreversible. We must face up to the defects and limitation of our traditional legal culture. Only in this way,We might improve and perfect our traditional legal culture on the basis of heritage,and then we might also promote the process of the construction of rule of law incontemporary China. The construction of rule of law in China is inseparable from thereference and study of western, but it is a great project belonging to the Chinesepeople, the Chinese people need to stand on their own to complete it. Not only weshould complete it, but also we need to demonstrate national characteristics toexplore a road with Chinese characteristics of rule of law. Thus it requires us to drawenergy from the Chinese traditional legal culture and make the available resourcesand the spirit of modern rule of law fused, so that we can realize the moderntransformation of Chinese traditional legal culture.
Keywords/Search Tags:Chinese traditional legal culture, rule of law, the contemporary value
PDF Full Text Request
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