The vigorous vitality of the excellent traditional legal culture of China
January 11, 2023 09:44 Source: "Chinese Social Sciences" January 11, 2023 Total Issue 2570 Author: Luo Guannan

The 20th National Congress of the Party clearly proposes to "promote the spirit of socialist rule of law,Inherit the excellent traditional legal culture of China "。Socialist legal system with Chinese characteristics needs to draw wisdom from local legal culture。Chinese excellent traditional legal culture is the crystallization of the long -term development of Chinese legal civilization,It is rooted in Chinese civilization,The essence of the ideological essence of the Chinese nation,presents a rich system content and classic form,So far, it is providing a steady stream of intellectual support and historical nourishment for the construction of contemporary rule of law。The reason why Chinese excellent traditional legal culture has such a vigorous vitality,It is inseparable from its series of distinctive features。

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The national spirit is a spiritual support for a nation to survive and develop,Reflected the character's personality characteristics and value concept,Disappear because of changes in the times,Instead, it becomes more and more highlighting the vitality and cohesion of the nation。The spirit of the excellent traditional legal culture of China is this。

In the Chinese national farming civilization, "heaven and man is united,Taoism Nature "spirit,Requires agricultural production "when not violated agriculture",Respect the law of nature,"The sum of time,Appropriate place ",To ensure the sustainability of agricultural production。For this,The legal system is also subject to farming civilization.、Appropriate "concept。As early as in ancient times,Xia Yu has issued a ban: "Spring March,Mountains and forests are not ascended ax,The long of the grass and wood。Summer March,Kawasawa does not enter the net,The length of the fish cricket。"The" Capital bet365 best casino games Order "released by King Zhou Wenwang stipulated:" No Bad Room,No well,No cut tree,Six Animals,Some are not as good as the order,Death without pardon。"is required that the army must not damage the people's houses,Do not land the water well,Do not cut the tree,Do not damage the six animals,Those who violate the military command will be executed,Do not say love for pardon。In the Song Dynasty, Cheng Zhuxue summarized the relationship between man and nature as "the unity of heaven and man",Human and nature is a harmonious and unified life overall,Sometimes it is taken、Used with it,Respect the law of nature,talents can be orderly。"Heaven and Man Unity,Dao Law Nature "spirit in the history of Chinese civilization,Protecting the ecological environment is still an important goal of the socialist rule of law system with Chinese characteristics。

"With harmony as expensive,Uncountable in the World "is the national spirit and governance ideal that traditional grassroots social governance upholds。Traditional local society in the family law rules、Under the constraints of the township regulations,Moral education through home and rural authority、Settlement Litigation,to reduce litigation,Strive to achieve the "law to neutrality,囹圄 囹圄 囹圄。This spirit is highly consistent with the concept of our "harmonious society" and "sources of the source" today。,Like people's livelihood、Benevolence、filial piety and other national spirit,All have historical consistency,These spirit is the bridge between the excellent traditional culture of China and the practice of contemporary rule of law,has been written into contemporary laws such as the Civil Code,It is an important entry point for traditional legal culture services to contemporary rule of law。

  Adaptability in the legal system 

Chinese excellent traditional legal culture presents a rich and mature traditional Chinese legal system,Some of the legal systems were Bet365 lotto review not only self -consistent at the time,Play the role of national governance,It also has adaptability to span time and space。

China's governance thoughts of "the master governing the officials and not governing the people" since ancient times,To ensure the clean and honest public of the national bureaucracy、Orderly run,Traditional society has gradually developed a complete set of official official governance system。From selection、Appointment、Assessment、Supervisor retirement,Career dynasties have made meticulous regulations on the entire career of officials。my country has formed a supervision system for officials as early as the Qin and Han dynasties,From the Central Royal Shitai to the local patrol system,It constitutes a complete monitoring system from central to local,It has played a national outline、The important role of rectifying the governance。In addition to the thorough system,The governance of ancient Chinese officials also contains unique institutional design。After the Sui and Tang dynasties,In the codes of the past, the distinction between public crimes and private crimes of officials and crimes of officials,Public crime refers to the negligence in the job,Private crimes are illegal crimes that officials deliberately carried out in order to seek private interests。and adopt "Public Crime from Widen,Private Crime Strict "principle,Reduce the first punishment of administrative sanctions on public crimes,You can use official positions to be guilty or rewarded with rewards,And the public crime is often "attached",Not recorded in the book。On the one hand, it is strict with the rule of officials,Key punishment of the behavior of officials' personal interests,On the other hand, it is also encouraged to be courageous to serve、Dare to take responsibility。So,Fan Zhongyan will say "Private crime cannot be,Public crime must not be available "。In the "Daqing Meeting Code",Bet365 app download Even leave of officials、The number of days to take office has clearly stipulated。Today,Persist in grasping the "key minority" of leading cadres,Pay attention to the constraints of leading cadres,Hold the power into the cage of the system,It is an important content of Xi Jinping's thoughts of rule of law,It is also a key task for comprehensively advancing the rule of law。

 The scientific nature of the codes system 

Chengcheng Culture and Code is an important feature of the Chinese Law Department,The standard structure of its system and exquisite legislative technology,Concentrated reflects the superb level of the Chinese legal civilization。From the perspective of architecture,Six articles, known as the source of the law of ancient Chinese systemization,It has reflected the distinction between the general principles and the division position、Division of the physical method and procedure method,There are types of types between each article and the internal types of each article,laid the foundation for the system of the traditional code。"Tang Law Shu" as a masterpiece of the Chinese Law Department,Among them, the existence of the "name of the name" as the general standard,Make the codes have the total score structure of the general point bonus point。The composite system that adopts the parallelism of law and discussion in the "Tang Law Discussion",Solved a unified explanation、Unified applicable questions。At the same time,There is a self -consistent inner logic relationship between each article,and the usage of words such as "", "quasi", "all", "each",already has a stable connotation and applicable context。"The Law of Da Ming" formed the "The Text of the Law,Examples of Note "Law Correspondence System,and Figures such as "Five Criminal Pictures", "Mourning Family" and "System" before the law,These pictures become a part of the rhythm,To streamline the law、Easy to apply。After nearly a century of revision,Inherited the style characteristics bet365 Play online games of Da Ming's law,"Great Cases" at the time of presence,Figure before the law,Further streamlined law text,Forms a mature law unified editing system,Institute of institutionalization of the regulations in accordance with actual needs,Therefore, the balance between the stability of the code and the variability of social life。

Code is an important theme of the construction of contemporary socialist legal system,The introduction of "Civil Code" means the opening of my country's contemporary codes of contemporary codes,The Code of Administrative Code "" Education Code "and" Environmental Code "has been put on the agenda。The Chinese handed down code may have a certain historical limitations in specific content,But in the abstract structural body、Language technology,It can still provide traditional wisdom that contains Chinese French cultural genes for the compilation of the current codes。

Chinese excellent traditional legal culture provides spiritual spirit for the construction of contemporary rule of law、System to the local resources of the system。So,We need to emphasize the inheritance and promotion of the excellent traditional legal culture of China。

First,Strengthen the study of traditional legal culture,Makes excellent traditional legal thought、The system and the classics have been fully excavated and studied。You need to pay special attention to,Research on traditional legal culture,Need to understand the inherent logic and value pursuit of traditional legal culture in the traditional context and unique discourse system,To explore and reveal its unique character、Law and value,Avoid simply use modern legal concepts to judge the applicable status of ancient laws。Only adopts the unique vocabulary and discourse system of China to describe、Explanation of ancient Chinese legal phenomena,Use the unique thinking and concept of the Chinese nation to pursue the value of Chinese legal civilization,Only to provide useful reference for the solution of real problems in the current rule of law。

2,The specific system of different eras has the characteristics of Bet365 lotto review the times,The specific system in traditional law may not be able to apply directly,But the unique quality of traditional Chinese law、Thinking method、logic system and value connotation,and the law of interaction between the legal system and other social systems,It still has an institutional selection today、The meaning of value thinking。Starting point with the real problem of the construction of the rule of law in my country,Set up、Research and inherit the excellent traditional legal culture of China,Find the general principles and laws from the history of legal evolution,Add bricks to the construction of contemporary rule of law。

third,It is undeniable that,The contemporary legal system has been affected by more Western legal civilization,And the contemporary world is a whole,It will inherit the organic combination of the beneficial achievements of the rule of law from foreign rule of law with the excellent traditional legal culture of China,Can form a strong joint force for the construction of contemporary rule of law。On the one hand,Can't directly move hard to move the legal system and legal concept of the West,Evaluate the traditional Chinese legal system and system from the perspective of the West; on the other hand,Appropriate reference to Western rule of law,Let my country's contemporary legal science and the practice of Western legal civilization and the practice of rule of law,Mutual learning in Chinese and foreign rule of law、Deepening Study in Cultural Exchange of Rule of Law。But as General Secretary Xi Jinping said: "In Chinese and foreign cultural communication,We must maintain self -confidence in our own culture、Endurance、Confixing。”

To sum up,Chinese traditional legal culture is rooted in the long and long flowing Chinese civilization,Among them, it contains a complete ideological system、Mature specification system、Precision legislative technology,Reflected the unique governance wisdom and value pursuit of the Chinese nation,Can provide the rich nourishment from the historical long Bet365 lotto review river for the construction of the rule of law today。So,In the practice of contemporary rule of law,We also need to strengthen cultural self -confidence、Enhance cultural consciousness,Let Chinese excellent traditional legal culture be creative transformation、Innovative development,The inherent support and Source Source of the Socialist legal system with Chinese characteristics。

  (Author Unit: Institute of Law History of China University of Political Science and Law) 

Editor in charge: Chen Jing
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