| This article is divided into two major parts: The first part,starting with clarifying the contents of legal evolution theory,clarifies two kinds of legal evolution theories,namely the traditional legal evolutionary path under the guidance of metaphysical one-sided philosophical view,and the new legal evolutionary path harmonized with Marx and Kant's philosophy.Based on the analysis and research,the article first points out that the path of legal construction provided by the traditional legal evolution theory is insufficient,that is,the traditional legal evolution theory attaches importance to the accumulation of experience,but ignores the rational construction.One-sidedly thinking that rational construction does not promote the progress of the legal system,since the construction of legal system simply requires rational participation,it comes to the paradox that legal construction does not exist,and believes that only cumulative experience is the only factor in legal evolution.At the same time,it points out that the new legal evolution theory's advantages of providing path for the legal construction.That is,under the guidance of progressivism,the path of rational construction combined with experience accumulation provided by the new legal evolution theory has positive significance for the construction of the legal system.Its positive significance lies in that,first,both rational construction and experience accumulation are regarded as important contents of legal evolution theory,which can make the new legal evolution theory still have the meaning of path choice in the face of superior rational construction to promote legal progress.Second,representative institutions follow the democratic legislation,rationalizing legal construction to realize the evolution of legal system is included in the content of the new legal evolution theory.Moreover,as long as it is based on the progressive value orientation,the top-down rational construction of representative institutions and the accumulation of bottom-up experience by social groups and people,or the combination of both,can build the legal system and promote the evolution of the legal system.In this way,the legal construction and legal evolution are closely linked under the guidance of the progressivism.In the second part,this article begins with the study of the relationship between thenew legal evolution theory and the construction of the legal system,and clarifies the legal evolution path provided by the new legal evolution theory for special subjects,that is,the special significance for the construction of China's legal system.The logic of argumentation is as follows: First of all,to clarify the content and purpose of China's current legal construction path and the difficulties encountered in China's legal construction under the review of legal evolution.In other words,China's existing legal construction path has over-emphasized rational construction,and has not paid enough attention to the role of accumulative experience in promoting legal construction.Secondly,to demonstrate the new path of the legal construction caused by the new legal evolution theory,that is,to argue that the path of legal evolution that emphasizes both rationality and experience can make up for the inadequacy of China's original legal construction path for overestimating the rational construction of the upper representative institutions,and promote important role of the accumulation of people's experience and feedback of practical issues in the construction of legal system.Finally,it comes to the conclusion that the new legal evolution theory provides a route choice for China's current and future legal construction with the legal development approach demonstrated by the new path of evolution. |
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