Font Size: a A A

Confucian Rites Thoughts Affect The Construction Of The Rule Of Law In Contemporary China

Posted on:2014-09-22Degree:MasterType:Thesis
Country:ChinaCandidate:Q Q XuFull Text:PDF
GTID:2266330425454145Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Entrusted by the particular background of the rule of law has made more and more people believe, is playing an increasingly important role in building a country under the rule of law on the development of the modern society, on the quality of life of people, the raise on the social management and social life in order. Under this guideline, the rule of law has become China’s basic social governance mode, has gradually become the people’s way of life.However, the practice of the rule of law objectively exist many obstacles and resistance, the development process is not everything is going smoothly. The rule of law, the reason is not only the concept confusion and misunderstanding on the construction of a country under the rule of law, and various historical, cultural factors. As the mainstream of Chinese traditional culture of Confucianism, especially the law and discipline rite, which contains rich resources of the rule of law culture, and contains factors which doesn’t fit in with the construction of the modern country under the rule of law, will have an important influence on the construction of a country under the rule of law. For example, a Confucian thought manifests the rule of nature of Chinese contemporary legal practice objectively exist obstacles and resistance, the moral connotation represents a big features of Confucian Thought on the other hand, the gradual loss of life in modern society is the bad influence and let people have to self-reflection.The rapid development of the modern society advocating publicizes Western civilization at the same time, it should be reasonable factors into traditional thought and civilization, a mock exists in the Chinese history of thousands of years of traditional culture is not a smart move, we have to correctly grasp dual character of Confucianism law and discipline rite in the process of building the rule of law in Contemporary.From four aspects this paper influence of Confucian Thought on the construction of a country under the rule of law are discussed:the first chapter is based on the combination of law and its historical background, content and significance of Confucian thought is introduced, after that the Qin Dynasty and Han Dynasty, the convergence of Confucianism and Legalism has become the basic characteristics of the feudal legal system.The second chapter, the significance of the rule of law and the semantic feature analysis, that rule of law is the supremacy of law, justice, protection of human rights and other functions. The third chapter through the analysis of the necessity of constructing the country under the rule of law, that human civilization into the modern period, part of the essence of tradition law and discipline rite we should absorb and part of dross we should abandon. The fourth chapter through to the Confucianist Thought on the construction of China’s two effect of positive and negative aspects of the country under the rule of law, a thought that focus on training and the regulation of the public morality, on the other hand, the law has its inherent shortcomings of governing the country.Analysis of the effect of Confucian thought of multiple construction of the modern country under the rule of law in China produces, draw lessons from the advanced law culture in the West at the same time pay attention to good use of local resources, create the rule of law with Chinese characteristics road. Study on the influence of Confucian thought to the contemporary building the rule of law is to through the study of Confucian thought, inspired by the right attitude towards the native resources of power, to give a basic orientation of Confucian thought, essence and dross combs Confucian thought, help us to transition to the modernization of ruling by law.
Keywords/Search Tags:law and discipline rite, Confucian thought, rule of law, countryruled by law
PDF Full Text Request
Related items