The Chinese Traditional Comprehensive Legal Thinking Based On The Reasonable Law

Legal thinking is the thinking mode of thinking,analyzing and solving problems formed by legal people in the process of legal activities,which affects people's value judgment.In the thousands of years of human development,the extensive and profound Chinese traditional legal culture shines brilliantly.Comprehensive legal thinking,as one of the shining pearls,is the general consensus formed by the Chinese when thinking about legal issues."Reasonable,reasonable and legal" is the spirit of comprehensive legal thinking,with "reason" as the tool,relying on law,so as to achieve the purpose of empirical justice.This unique way of thinking has been deeply imprinted in the mind of every Chinese legal person,deep into our bone marrow.The law is not a cold and cold provision,but there should be sentiment and justice behind it.Therefore,there exists a special relationship between "human nature","natural law" and "national law",which constitutes the core of the traditional legal relationship in China.Chinese traditional synthetic method of thinking from Chinese special geographical environment,the unique mode of production,a particular form of social organization,as well as Confucianism,legalism,fusion of Taoist thought,although after the baptism of thousands of years and precipitation,but still play an important role in the development of Chinese society,promotes the advance of the law of China.This paper will analyze the Chinese traditional comprehensive thinking from four parts.First of all,the connotation of "the affection,opinion and method of" the three analyzes,from the importance of "law is human" confirmed "love" and "law",from "god forbid!,national law is difficult to let the rationality of" explains the relationship between "theory" and "law",and through analysis it is concluded that the concept of the French law played a role to the development of society,and on this basis made clear "the affection,opinion and method of" the three logical structure.Secondly,it analyzes the connotation of comprehensive thinking,and makes clear the influence of this unique way of thinking on Chinese people by combining with a series of classic cases in ancient China.Thirdly,from the analysis of the source of comprehensive thinking,based on the social foundation and the ideological foundation of these two aspects,the source of comprehensive thinking.Finally locate in synthesis of thinking for the development of modern society,through the beneficial factors of its existence and the analysis of the negative factors,to demonstrate synthesis way of thinking to adapt to the needs of modern society,must give full play to the positive role,ongoing transformation,remove the dross,to meet the requirements of the modern rule of law gives the meaning of the new era.