On The Development Of Chinese Traditional Law Culture By The Rule Of Law

Jiang Zemin,general secretary of the CPC Central Committee,made it clear that the rule of law is the basic strategy of the party leading the people to govern the country.The Party of the 15th National Congress of the Communist Party of China and the 1999 constitution amendment case set officially "ruling the country by law and building a socialist country under the rule of law" as a national governance basic strategy and political goals.The party in the fourth Plenary Session of the 18th CPC Central Committee made a number of major issues comprehensively to promote the"rule of law" decision.At present,the concept of the rule of law has been deeply rooted in the hearts of the people,the rule of law is gradually fully implemented.The reason of the rule of law growing and developing in China,this piece of fertile ground for the emergence and development is no an accident thing.In addition to its economic,political,social and historical reasons,there is a profound ideological and cultural origins.To study the relationship between the two is wirh great theoretical value and practical significance.At present,academic research results of the rule of law is quite rich,numerous research achievements of Chinese traditional law culture,but less related research results on the relationship between the them.This article is aimed at the research of this problem and writing.This paper aims to study the rule of law to the Chinese traditional culture of the abandoned,the full text consists of four chapters.The first chapter,introduction.Firstly,the background and significance of this study are briefly introduced.Secondly,the status quo at home and abroad is analyzed.Then,the research ideas and methods of this paper are put forward.The second chapter,the rule of law and the Chinese traditional law culture overview and the theoretical basis of the study.First,the basic content of the connotation of the concept of the rule of law,the main features of the definition;second,the historical role of the content and features of the concept of Chinese traditional law culture,Chinese traditional law culture,Chinese traditional law culture explaination the;the third.It is pointed out that the Marx and Engels's philosophical opinion,the main leaders of the Communist Party of China law opinion,western countries theories as the theoretical basis of this study.The third chapter is the dialectical negation of Chinese traditional law culture.First,analysing the advantages and disadvantages of traditional law culture;second,expounds the criticism of the traditional culture,namely the criticism of the rule of law on the "people oriented" and traditional culture "monarch based",the criticism of the rule of law of multidimensional objects the traditional law culture law object of one-dimensional,the criticisam of the rule of law" democracy "in traditional law culture" autocratic ";third,analysis of the inheritance of the rule of law and the traditional law culture,inheritance from" everyone is equal before the law "to" equal punishment ",inheritance from " the law of inheritance the authority which lies in the implementation of law to "law's good governance"," the method we will assist"continue," the rule of law and virtue "of" punishment and the continuationThe fourth chapter,the exceeding of the rule of law to the Chinese traditional law culture.First,the exceeding of the rule of law of people subject to the traditional law culture China monarch subject,namely the legislation for the people,all power belongs to the people,all law serve for the people's fundamental interests;second,the rule of law are widely exceed the traditional law culture of the Chinese narrow object,namely the whole society,all subject respect the law;all organizations respect the law,all members of the society subject respect the law;third,the exceeding of the rule of law to China democratic goal of traditional law culture professional goals,namely the rule of law has always been to socialist democracy as the goal,the rule of law has always been the rule of force for the people's services as the goal,the rule of law has always been to the construction of the rule of law to promote socialist democracy under the rule of law as the goal.