Traditional Chinese Legal Culture In The Context Of Rule Of Law Research On The Problem Of Modernity

Since the 18 th National Congress of the Communist Party of China(CPC),General Secretary Xi Jinping has made important speeches on the strategy of ruling the country on many occasions,standing in the overall position of the party and state undertakings.He proposed to speed up the modernization of the rule of law by comprehensively deepening the reform.Thus,the importance of the rule of law has been pushed to the commanding heights of social development..Modern rule of law as the core of the steady development of the whole society and the whole nation needs to give full play to the rule of law value and system.Of course,the value of the rule of law and the system is not without the source,but deeply into the traditional Chinese legal culture in the soil.Whether the value orientation proposed by the modern rule of law or the concrete law implementation has direct or indirect relation with Chinese traditional law culture.Obviously,the full implementation of the principle of governing the country pay attention to the traditional Chinese legal culture.In other words,whether traditional Chinese legal culture can communicate with the modern rule of law has a crucial effect on the rule of law system with Chinese,but also has a significant impact on the implementation effect of the comprehensive rule of low.Therefore,in-depth of the transformation of traditional culture of modernity is not only the development of their own requirements or the rule of law to obtain an inexhaustible motive force of the fundamental requirements.Based on the basic theory of Marxism,the paper combines the value of legal culture and legal system as the basic principle,and sums up the connotation,development thread,frame system of the rule of law,the definition,and examined the relationship between the rule of law and the traditional Chinese legal culture.On the basis of the above analysis,the author makes a dialectical analysis of the main ideological values of the traditional legal culture(order idea,people-oriented thought and rule of virtue),and demonstrates the traditional law of power-based,judicial ethics,instrumental rationality of order Concept in the modern rule of law caused by the adverse effects of the proposed level of value and system-related methods to curb the negative factors in traditional culture,the realization of the traditional legal culture of modern transformation,increase the vitality of the traditional legal culture,Legal internationalization process to lay a solid foundation.