The Combination Of Traditional Filial Piety And Modern Rule Of Law

Filial piety is an important part of Chinese traditional culture,which was incorporated into the law to govern the country and maintain social stability in the history of China.In contemporary times,filial piety exists in conflict with modern law.Therefore,we must inherit and develop traditional filial piety in a legal and critical way,so that filial piety conforms to the requirements of contemporary law.Since the 18 th National Congress of the Communist Party of China(CPC),General Secretary Xi Jinping stressed that Chinese traditional culture is the root of the nation.Abandoning the tradition means cutting off the spiritual lifeline of its own.We should inherit and carry forward the traditional Chinese culture,realize the creative transformation and innovation of Chinese traditional culture development.In this paper,I hope that through the exposition of the traditional filial meaning and the various aspects of the conflict with modern law,we can put forward some new ways of integrating with the modern rule of law on the basis of predecessors' research.At the same time,I hope I can make my own contribution to academic research in this field.This paper studies and discusses the research problems by means of literature research,case analysis,theoretical analysis and other methods.It aims to study the connotation of traditional filial piety culture,discuss the factors that coincide with the development of contemporary society,the parts that need to be removed,and to explore the integration path of the traditional filial piety and modern rule of law.This paper is divided into four parts.The first part discusses the connotation and historical evolution of traditional filial piety.It includes the main content of the traditional filial piety: raising and respect,obedience and advice,multiplication,bereavement and sacrifice,meritorious service to show their parents.Filial piety was proposed in the official period of the Xia and Shang dynasties,and in the Spring and Autumn Period it was deeply ethicized by the Confucius,Mencius,Laozi as the representative of the Confucian.In the Han Dynasty traditional filial piety was in the continuous development of the "filial piety to the world".The main feature of the traditional filial piety is politicization and legalization in the peak of the Tang Dynasty.From the Song dynasty to the Qing Dynasty,the traditional filial piety began to become foolish and extreme.The traditional filial piety of the so-called dregs also began to produce and had a profound impact on the lives of people at the time and even later.To the modern,traditional filial piety duty ills,after experiencing extreme criticism,scientific understanding and inheritance of traditional filial piety is the right attitude we should take.By discussing the development process of traditional filial piety,we can lay the foundation for a comprehensive understanding of the traditional culture of filial piety and provide a background for the follow-up discussion.The second part discusses the contemporary value of traditional filial piety in our country and its manifestation in the present law.Although traditional filial piety has its negative side,it cannot be denied that it has many values in contemporary times.The author mainly discusses the legal value and social value of two aspects.The traditional filial piety can provide theoretical support for the combination of the rule of law and the rule of virtue,which can help to improve the quality of legislation and provide a good moral environment for the judicature and increase the humanistic color.In the social value,the traditional filial piety can adjust the interpersonal relationship,promote social harmony,and solve the current increasingly serious population aging in China's social pension problem.In addition,the traditional filial piety can also promote anti-corruption and clean government culture,promote our citizens moral construction,and provide cultural soft power.Afterwards,the author lists the manifestations of filial piety in our existing laws,including the Constitution,the Marriage Law and the Inheritance Law,and so on.The author expounds the present value of the traditional filial piety and the enumeration of the existing laws.So we can know that traditional filial piety is inheritable.The third part discusses the conflict and the reasons between traditional filial piety and modern rule of law.The traditional filial piety does not conform to the contemporary principle of equal rights and obligations,the concept of equality of all people and the provisions of property law and marital rights in our civil law.By discussing the conflict between traditional filial piety and many systems in modern Chinese rule of law,this paper discusses the ways to integrate the traditional filial piety and modern rule of law.The fourth part,we discuss the way of the integration of traditional filial piety and the present rule of law.First,we create the intergenerational relationship of equality and equality.Secondly,we should guide the integration of filial piety and rule of law with the principle of protecting the weak.Thirdly,The role of support;Fourth,to solve the problem of the elderly support the litigation,and actively play the role of mediation;Finally,we want to achieve filial piety in the whole society to create conditions,such as the holidays of respect for old and so on.In short,the author analyzes the integration of traditional filial piety and modern law.On the one hand,it can help to inherit the excellent composition of traditional Chinese filial piety.On the other hand,it can make the spirit of traditional filial piety morally provide moral support for today's rule of law construction.Secondly,it is beneficial to better protection the legal rights and interests of the elderly to promote the orderly and healthy development of social order.Again,it will have great significance for the construction of a harmonious society,promote the fine traditional Chinese culture and promote the rule of law.So filial piety and the law of effective integration can get together to achieve the innovation and development of the traditional filial piety.And it can also add moral implication for our country by law.