The Enlightenment Of The Legal Thoughts Of Legalists On The Construction Of The Rule Of Law In Contemporary China

Contemporary China attaches great importance to the construction of the rule of law.It not only needs to explore the advanced ideas from the western rule of law,but also needs to extract the essence from the traditional Chinese legal culture.Legalism is the rule of law thoughts and convey the rich nourishment and important value of Chinese traditional culture,although its social and historical background and the modern rule of law construction background,but which contained rich experience can still for the contemporary problems encountered in promoting the rule of law to provide enlightenment wisdom,has important significance to promote the construction of contemporary Chinese rule of law.Through the investigation of the economic,political and cultural background of the Legalists’ society,and the understanding of the relevant contents of the Legalists’ theory of human nature and history,the background and ideological connotation of the legalist rule of law thought can be explored,which can help to understand the content of the legalist rule of law.Through a comprehensive analysis of the legalist rule of law,we can sort out the reasonableness content of the legislation,law enforcement and universal law,as well as the ideological limitations in the aspects of heavy punishment doctrine,cultural despotism and monarchism.Aside from the limitations of the specific historical conditions,the legalist rule of law embodies the attitude of law and the spirit of the law of change,the strict standards and the principle of fairness in law enforcement,as well as the firm and open attitude in popularizing the law.Learning legislation,strictly enforcing the law,impartial judicature and strengthening the popularization of law provide useful reference and important inspiration.Meanwhile,the rule of law in contemporary China must break away from the historical limitations of Legalist rule of law,conscientiously respect and guarantee human rights,realize the organic unity of"rule of law" and "rule of virtue",develop socialist democracy,and realize the ancient times and the present on the basis of the critical inheritance and creative transformation of the legalist rule of law under the background of the new era of socialism with Chinese characteristics.