Study On The Construction Of Socialist Legal Culture In Minority Areas

In the process of modernization of China's legal culture,the problems in the construction of socialist legal culture in minority areas can be regarded as philosophy's specific problems.The construction of legal culture in the minority areas is the combination of socialist legal culture's universality and minority areas' particularity.In the intellectual history,the thought of Concrete Universality is mainly originated from Hegel's Dialectics,after which Marx,Lukacs,Kosik and Zizek all express their opinions of Concrete Universality.Concrete universality contains universality of particularity,which is a process of abstract to concrete and is the unity of cognition and practice.Concrete Universality includes three theoretical dimensions:Ontology,Epistemology and Practice.Ontology emphasizes the ontological hierarchy relationship between things.Epistemology focuses on the truth cognitive processes of human dimension.Practice lays stress on the process of being applied to the concrete.The Concrete Universality of Ontology,Epistemology and Practice help to reveal three major difficulties in the construction of socialist legal culture in minority areas,that is,compatible contradictions between state law and customary law,identity contradictions between citizenship and national identity,contradictions between legal universality and particularity in minority areas.The solutions towards these problems need to be based on the principle of concrete universality from such three aspects as the two-way integration of national law and customary law of ethnic,the adaptation of national identity and minority identity and adaptation of the law universality and particularity of regional aspects to promote construction of socialist legal culture in minority areas.The construction of socialist legal culture is a whole.Only emphasizing universality while ignoring the particularity,or only emphasizing particularity while ignoring the universality,will affect the construction of the national law,and hinder the development of minority areas.Therefore,it is theoretically and practically meaningful to explore the construction of socialist legal culture in minority areas from the perspective of Concrete Universality and properly solve contradictions in the legal culture construction.