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Regaining And Rethinking The Value Of Confucian "Tao Of Heaven Thought" From The Perspective Of Rule Of Law

Posted on:2020-01-20Degree:MasterType:Thesis
Country:ChinaCandidate:J Y SongFull Text:PDF
GTID:2416330575970303Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Under the background of building a society ruled by law in an all-round way,when the current legal system cannot fully coincide with people's expected effects on the rule of law,we gradually realize that the sustainable development of a society ruled by law cannot ignore Chinese indigenous resources,traditional culture.In recent years,the Party Central Committee has advocated the creative transformation of Chinese excellent traditional culture to provide spiritual guidance to the people,enhance their own cultural self-confidence,and demonstrate the charm and style of excellent traditional culture.Looking back along the history of the past,although in the special period suffered a near-destructive blow,Confucianism still follows the national culture passed down from generation to generation and lingers in the blood of the nation and intertwined with the daily life of the people.As the source of Confucianism,the concept of "Tao of heaven" not only has a profound impact on the Chinese people's thinking patterns and behaviors accumulated over thousands of years,but also is a key area for interpreting the correlation between Confucianism and the modern rule of law society.Tao of heaven of Confucianism is summed up as a natural and objective spontaneous order.There are laws of yin and yang and harmony.They can transcend the rules of human beings and guide people's behavior toward goodness.It is internalized in the human nature and is characterized by excellent personal qualities such as "benevolence" and "righteousness".Externalization in society is the regulation of behavior in ancient customary law,"rite".The process of building a society ruled by law cannot reject history and cut history.The idea of the rule of law does have some advancement through legal transplantation,especially at the institutional level,it can be easily accepted.However,these concepts are imported goods after all.Cultural differences have caused these concepts to not experience long-term development and inheritance in our society,lack of social foundation,and make nationals not truly recognized in terms of feelings,and will inevitably contradict some traditional concepts in national thinking habits.In the process of promoting the construction of a society ruled by law,the problem of incomplete matching between institutions and culture has gradually emerged,causing nationals to have no natural belief in legal rules that ultimately lead to the loss of national spiritual resources.Therefore,the sustainable development of the rule of law requires the inheritance and innovative transformation of the excellent traditional culture such as the Confucian concept of Tao of heaven,play the role of ties to reshape national beliefs and rebuild spiritual order.This process does not conflict with the realization of the modern rule of law.On the contrary,the gradual transition to the rule of law through the assistance of multiple governance is most likely the optimal path for the establishment of a complete body in the rule of law society in China.This article is based on the interpretation and historical origin of the Confucian concept of Tao of heaven,in the order of historical time,focusing on the origin and the first time in an important position of Confucianism in the pre-Qin and Han dynasties,reappearance and evaluation of Confucian "Tao of Heaven" and its Confucian view of law.It is also from this period that,whether it is the passage of time or the alternation of political power,Confucianism has been with the history of China and has remained deeply rooted in the subconscious of Chinese people.With the perspective turning to modern society,it is aimed at screening the excellent elements of the Confucian concept of Tao of heaven that can help the construction of the rule of law society.On the basis of the existing research results,combined with the author's thinking on the social status quo,the summary of the connotation of the rule of law society and the relationship between Confucian concept of Tao of heaven and the rule of law society.It is further proposed that when Confucian "Tao of Heaven" is placed in the modern context,it can provide possibility contribution of building the rule of law society at the individual,social and belief levels.
Keywords/Search Tags:Tao of Heaven, Confucian, Rule of Law, Traditional Culture
PDF Full Text Request
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