| The society’s recognition of the rule of law is an important indicator to measure the construction of the rule of law.Although some scholars in the academic circle have made inquiries on this issue,few articles can touch the core of the problem.It is undoubtedly a feasible and effective way to analyze the social identity of the rule of law from the perspective of Chinese traditional culture itself and its influence on the development of the rule of law.The chaos in the culture and system of the rule of law in Chinese society reflects the social identity crisis of the rule of law.In this case,the exploration of the social identity of the rule of law also has corresponding academic value and contemporary significance.The chaos of the rule of law in Chinese society can be analyzed from the perspective of culture and system.First of all,in terms of the rule of law culture,the phenomenon of "No litigation" and "Aversion to litigation" is an inherent legal cultural plot in Chinese society;"Petition not believing law" is another strange phenomenon presented by the public in the process of seeking rights relief;The blending of "Emotion" and "Jurisprudence" is also pervasive in all corners of legal practice,and affects the development of the rule of law and the acquisition of social identity under the rule of law.Secondly,in terms of system,the conflict of value between form and substance has become increasingly prominent;the written system norms are also facing problems that are difficult to apply or even shelved.These phenomena have exposed the difficulties that China faces in the process of building the rule of law,but at the same time,it also shows that the solution to these problems is the key to obtaining the social recognition of the rule of law.The chaos of the rule of law is only a manifestation of the problem of the rule of law.If we want to solve the problem from the root cause,we still need to analyze the focus of the problem."Paternal power","Blood relationship",and "Ethical guidelines" are the genetic codes for understanding Chinese traditional legal culture.Patriarchy is the origin of unequal relations;the same structure of family and country is the extension of patriarchy within the community;the idea of morality and punishment makes it difficult to establish the authority of the rule of law;and the concept of internal sage and external king has plunged the country into the abyss of the rule of man.Under the influence of this cultural background,the rule of law in modern China has also experienced abnormal developments: the alienation of political and public power;the crisis of legal instrumentalism;the government dominates and the limited participation of society;finally formed the political structure and influence of a strong country and a society The society recognizes the rule of law.To explore the social identity of the rule of law,in addition to analyzing the chaos of the rule of law and its causes,it should be noted that the subject’s identity form and the identity object itself will also have a corresponding impact on identity.Good law is the object of social identification,and based on the subject’s own limitations and the characteristics of time and space,it is more appropriate to adopt a formal rational approach in terms of identification.Therefore,based on the analysis of the cultural roots of the social identity of the rule of law,this article attempts to correct the parts of the traditional legal culture that are not suitable for the construction of the rule of law through citizen legal education,and pays special attention to the establishment of judicial authority due to the particularity of judicial activities.Impact on social identity under the rule of law.At the same time,in the field of civic awareness education,it emphasizes conservatism and individualism,and guards against civic education falling into the whirlpool of extreme liberalism and collectivism,so as to avoid the two extremes of anarchism or state worship. |
