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Contemporary Value Of Chinese Traditional Law Culture Under The Compromise Of Li And Law

Posted on:2018-06-30Degree:MasterType:Thesis
Country:ChinaCandidate:L L HeFull Text:PDF
GTID:2336330533959087Subject:Law
Abstract/Summary:PDF Full Text Request
Chinese traditional legal culture contains a wealth of rule of law and the inherent rule of law logic.Chinese traditional law contains the relationship between law,ethics and human feelings.They kept in touch with each other to maintain the rule of the feudal empire.This paper is divided into six chapters to discuss the basic pattern and basic connotation and basic principles of Chinese traditional law.To evaluate the advantages and disadvantages of Chinese traditional legal culture,and to research the value of Chinese traditional law to contemporary society.The first chapter introduces the research background and significance of this paper,and combs the research on the integration of ritual and law and Chinese traditional law.The second chapter,from the Confucianism,supplementing,from three aspects of ritual law,introduces the basic pattern of traditional law Chinese.In the background of Confucianism,Confucianism and Legalism argument "rite" and "rule of law",have become the rulers of the people,between the two is not absolute opposites.In the third chapter,the basic connotation of Chinese traditional law is that law is close to human and human is more important than law.Confluence of Confucianism,etiquette in a state,to achieve the purpose of the rulers.The fourth chapter,the basic principles of traditional legal China realization of law code ritual in Confucian scholars,and based on the requirements of Confucianism,the ruling class of self moral constraints,so as to make the body is straight line.The fifth chapter,carries on the appraisal to the Chinese traditional law,affirms that the Chinese traditional law is based on the people first,the mediation of the lawsuit,the realization of social harmony and the legal system construction.It denies the strictness of the penalty system and the cruelty of the penalty means,as well as the thought and stipulation of privilege in law.The sixth chapter,on the value of Chinese traditional law to the contemporary society,the author puts forward some suggestions from three aspects: legislation,law enforcement and judicature.Discussion on comprehensive management mode of state governance,with the construction of a socialist country under the rule of enlightenment.
Keywords/Search Tags:compromise of li and law, Chinese traditional legal, contemporary value, rule of law
PDF Full Text Request
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