Compatibility Analysis Of The Rule Of Law And Chinese Traditional Culture

In the study of the rule of law and the compatibility of Chinese traditional culture, I mainly picked four aspects to discuss. First of all, the basic theory of the rule of law is explained, that the rule of law is refers to the modern sense of the rule of law and the concept of from in the west, which breeds from western history and culture of the rule of law, in theory or in practice, for western rule of law, theoretical basis and theoretical origin of clarify is quite necessary. In my opinion, the concept of the rule of law can be summarized as the following three aspects: first, the rule of law is a kind of people’s will and ideology. Second, the rule of law mainly refers to a kind of governance principle.Third, the rule of law is a stable and good social order. For the characteristics of the rule of law, there are five main characteristics of the law, including the supremacy of law,equality of rights, restriction of right, justice and safeguard of human rights. On the theory origin, the rule of law through the ancient Greek times, the ancient Rome period and the modern western capitalist society after the development of the rule of law, with today’s modern rule of law, the first chapter of this paper also analyzes the system of Cicero, Montesquieu, Aristotle and other representative of the rule of law concept.After the elements of the theory of rule of law and the origin analysis, the article mainly introduces the Chinese traditional ideology and culture of "rule of law", which mainly includes the Confucianism, Taoism, Legalism thought system. In the previous paper, the concept and origin of the rule of law, began to turn into the focus of this paper,that is, the "rule of law" concept in Chinese traditional culture, or it can be said that the existence of the "rule of law" elements. In this part, the author introduces the China ancient natural law concept and system arrangement in the Confucianism and Taoism,Legalism, three major factions in the legal thoughts on the elements of rule of law. In the author’s opinion, the Confucian "rule of virtue" and "rule by law" is not completely the conflict, on the contrary rule in the thought of the rule of law does not exclude, but can do "the combination of etiquette". It is not complete without the existence of legal thoughts of Taoism, the orthodoxy of law is an example. Legalists is naturally have legal thought most of the school, for the formulation of the implementation of the character of law, law, law has its own theoretical system.Lays a foundation for the rule of law in the theoretical origin of the rule of law and Chinese traditional culture thought to make, the start of the article analysis thecompatibility of the modern rule of law and traditional ideas. The third chapter is the core part of this paper, is the focus of the full text of this paper also innovation point,namely in the system on the foundation of former combing the traditional Chinese culture and thought of Confucian, Taoist and Legalist School of legal thought and the concept and the rule of law, through the research to illustrate China’s traditional cultural background and the rule of law with compatible factors can be done compatible and harmonious development. First, in the Confucian thought of rule of virtue, the law is as a supplementary means, but also can be said to take the combination of etiquette and law way of governing the country. Secondly, Taoism’s "Inaction" thought does not exclude the law, but more emphasis on the rulers and the people should be appropriate as, to conform to the nature, that is, the law should also comply with the laws of nature.Again, in the legalist thought proposed "rule by law", emphasizing the legal to have openness, equality and other factors, only the law is written promulgated, people to knowing the law, only one fault in law ", legal to possess the majesty of, people can dosage law-abiding. In this paper, we prove that the traditional ideas are the factors that have some modern rule of law, and provide the possibility for the modern rule of law and the traditional thought and culture.Finally, the author mainly illustrates the relationship between the traditional ideology and culture and the rule of law and how to under the background of law for the rule of law of the concrete construction of the traditional ideological and culture for the impact of the modernization construction of the rule of law today. First, the author thinks that China should develop the modern rule of law, and its own cultural history background is not left aside. We have many years of thought and culture. So it is necessary to study the rule of law. Second, the core concept of modern rule of law is the rule of good law, how under the requirements of the law construction of China’s rule of law and the cause is the need to study the content, for example, the construction of a complete legal system and effective implementation of the system, strict supervision system and powerful security system. Third, the article summarizes the Chinese traditional ideology and culture is helpful to promote the positive factors of the construction of the rule of law, mainly in the "combination of etiquette and law", "punishment without level," shirt punishment "thinking" people the "thinking," harmony "thought," "Inaction" ideas, brought about by elaborate on these factors.