The Theoretical Perspective Of Chinese Historical Jurisprudence Studies

Due to the influence of specific historical conditions and environmental factors,the mode of legal research under the Chinese legal system is deeply influenced by western law,so legal transplantation becomes popular.In order to deal with the problems in the context of this transplantation,the Chinese legal circles have appeared different stress responses in the system construction and academic research,showing the return of Chinese traditional culture and the awakening of historical consciousness to varying degrees.In order to conform to the current background of China's modernization transformation,a kind of historical law research with full historical consciousness has renewed new vitality in China to lead the modernization reform of the law.From the beginning of the study of historical jurisprudence from the West,the study of historical law has gradually moved towards the conscious construction of a Chinese jurisprudence.Starting with the theoretical construction and institutional care of Chinese historical jurisprudence,this paper tries to find out the legitimate source of self-rationalization process which can examine and review the development of Chinese legal system/rule of law from the perspective of history,explore the meaning dimension of contemporary Chinese life order,and extract the historical rationality of the rule of law in the state,in order to respond to the subjective construction of legal theory in Chinese context.Of course,the development of Chinese historical jurisprudence is only the first step,the gradual development of Chinese Jurisprudence may be is the ultimate destination.