[Core tip] The high-dimensional nj bet365 in the field of law itself is not an objective reality waiting to be discovered，It should be summarized based on in-depth research、Reflected。This requires us to keep an open mind，In-depth study of Chinese and Western classics，Combined with current problem awareness，In the comparison and exchange of various ideas，Realizing the creative transformation of ancient Chinese law。

At the academic level，Mr. Lin Yusheng put forward the proposition of "Creative Transformation of Chinese nj bet365"。Mainly includes five aspects: First，Radical anti-traditional ideas are not advisable，Chinese traditional culture should not be regarded as、Comprehensive denial of society and politics as an integrated organism。No need to create new things、You cannot completely destroy old things，On the theory of knowledge，We rely on existing ideas for comparison、Reflect on foreign ideas。Second，When discussing the dialectical relationship between stability and innovation，Lin Yusheng specifically cited Whitehead (A. N. Whitehead)’s words to illustrate his above views，That is, he particularly emphasized the "nourishing" relationship between social and cultural stability for innovation；If there is no such nourishment，Innovation cannot bear fruit，It can only lead to fruitless chaos。This dialectical relationship means that nj bet365 and innovation are not opposed。Third，The correct attitude towards nj bet365 is to creatively transform it，This requires a background，Comparison with foreign countries。Lin Yusheng thinks，The disintegration of the traditional structure does not mean that every traditional idea and value has lost its meaning at the same time，Some of these stray elements of ideas and values ​​may have the possibility of new integration with the ideas and values ​​introduced from the West。Fourth，At the same time，A prerequisite for creative transformation is that nj bet365 is rich and organic。Lin Yusheng particularly emphasized the importance of a living nj bet365，This is Whitehead、The premise of social progress that Polanyi and many other thinkers have revealed，The intensity of anti-nj bet365 also comes from the rigidity of nj bet365 to a certain extent。Fifth，On specific ways of creative transformation，Lin Yusheng proposed that we must be liberated from reading textbooks，Want to read Chinese and Western classics；In particular, we must use our own problem awareness as the starting point，Understand the West concretely and systematically with an open mind。

So，Lin Yusheng made a clear definition of "the creative transformation of Chinese tradition": "Simply put，It is to transform some symbols and value systems in Chinese cultural tradition，The creatively transformed symbol and value system，Become a seed conducive to change，At the same time in the process of change，Continue to maintain cultural identity。”Anyway，Vibrant tradition and dynamic modern society complement each other，Building a modern society and maintaining cultural identity can completely coexist at the same time。Specific to Chinese nj bet365 tradition，Lin Yusheng’s above-mentioned framework discussion has special enlightenment significance；Because the academic community generally believes that，There is an obvious break between China’s modern nj bet365 system and ancient law，“Tradition” and “innovation” seem to be opposites。

The creative transformation of Chinese nj bet365 tradition first depends on the nj bet365 tradition itself being a living system，Has the potential for transformation，The judgment of "potential" also needs to be based on our current awareness of the problem；Awareness of this problem may arise from comparison with foreign cultures，But it is not a simple copy。Many people may think，After the nj bet365 reforms in the late Qing Dynasty，China’s traditional nj bet365 system has been abandoned，Transplanted by law，We actually recreated a nj bet365 system，China’s nj bet365 tradition has no potential to change。The reconstructed nj bet365 system is basically rootless duckweed，As a result, many scholars have reflected on the transplantation characteristics of Chinese law，And proposed to focus on exploring local resources，Or put forward the value basis for constructing the Chinese nj bet365 system from the perspective of nj bet365 beliefs。

Actually，Is there the potential for transformation，This requires us to distinguish the tradition itself，That is, distinguishing nj bet365 traditions into low-dimensional and high-dimensional nj bet365 traditions。“Low-dimensional tradition” and “high-dimensional tradition” are methodological distinctions about how to understand tradition，From Japanese philosopher Fudai Rizaku。Xu Fuguan also thinks that，Low-dimensional traditions are manifested in specific things like customs and habits，is static and lacks consciousness；The high-dimensional tradition is the original spirit and original purpose hidden behind the low-dimensional tradition，Is by a thinker of a certain nation、Created by artists, etc.。High-dimensional tradition is a spiritual existence that transcends specific events，It takes conscious introspection to discover，And can reflect and criticize low-dimensional traditions。About the characteristics of this higher-dimensional tradition，Xu Fuguan concluded: "The high-dimensional tradition itself，Contains ultra-traditional meaning。More specifically，It contains the following characteristics: First，It is ideal。This is just like Christian rituals are low-dimensional，But its fraternity is of a higher dimension，is ideal。Second，Because it can only be discovered through human introspection，So once discovered，Its tradition of lower dimensions，It must also be critical。Because it is critical，So third，It is dynamic。Because it is dynamic，So fourth，It is constantly being formed，It inherits the past and transcends it at the same time。”

It can be seen from this，The tradition Xu Fuguan understands is mainly a high-dimensional tradition，The essence of this type of tradition is to emphasize subjectivity，That is, tradition contains a mechanism of self-renewal，The subject’s conscious reflection can make the tradition continuously improve。It is not the purpose of this article to fully evaluate this methodological distinction regarding tradition (for example, the conditions for self-renewal are a more complex issue，And this distinction does not provide an answer to this question)，But at least we can say，High-dimensional tradition is the key to our ability to realize the creative transformation of nj bet365 tradition，It is also the ideological basis for the localization of the transplanted nj bet365 system and the basic concepts behind it。According to Michael Polanyi’s Theory of Knowledge，For our knowledge and understanding，Tacit knowledge plays a major role，Rather than a foreign knowledge system without any foundation。For the transplanted nj bet365 system，If the same or similar values ​​can be found in higher-dimensional nj bet365 traditions，This transplanted system will be more easily accepted by people。So the high-dimensional tradition is the seed that is conducive to the change of Chinese nj bet365 tradition，So that we can maintain our identification with the traditional nj bet365 culture while accepting the transplanted specific nj bet365 system。If you can use one word to summarize this high-dimensional tradition in the nj bet365 field，That is the "basic nj bet365 principle" of ancient Chinese law。It appears to be able to be passed down to this day、Theoretical resources that can still provide useful reference for us in building a modern country ruled by law，The main form of its expression is the idea of ​​law、Conception、Principle、doctrine、Motto、Dharma proverbs, etc.。

Professor Zhang Wenxian has advocated “nj bet365 theory” research in recent years，To realize the "legalistic" turn of Chinese jurisprudence，The nj bet365 principles of ancient Chinese law should become an important part of this shift。According to academic research，"nj bet365" first appeared in "Hanshu"，Refers specifically to the judicial authorities；Since then, "nj bet365 principles" have continued to acquire new meanings，Principles and other meanings of gradual fingering。Kong Zhigui of the Southern Dynasties proposed that "the craftsman of all things should use shengmo as the standard"，Those who control a great country should be based on nj bet365 principles”，It is a concise expression of the meaning and function of nj bet365 principles。But ancient Chinese law as a system has irretrievably passed away，Only nj bet365 principles will last forever。In terms of system，No matter what kind of creative transformation is done to traditional Chinese ancient law，We can no longer accept its specific code structure and article design。However, the legislative ideas behind the code and the basic principles (nj bet365 principles) behind the specific provisions can still become a reference for current legislation and judiciary after creative transformation，For example, "Tang Code: Ming Lu" stipulates: "All crimes are judged without correct rules，Those who should be found guilty，Then lift weights to show lightness；Those who should be convicted，Lift the light to show the important。”This provision is the general jurisprudence on nj bet365 reasoning，Although it does not conform to the modern criminal law principle of statutory punishment，It seems to also contain the concept of presumption of guilt。

Of course，The high-dimensional tradition in the field of law itself is not an objective reality waiting to be discovered，It should be summarized based on in-depth research、Reflected。This requires us to keep an open mind，In-depth study of Chinese and Western classics，Combined with current problem awareness，In the comparison and exchange of various ideas，Realizing the creative transformation of ancient Chinese law。For example, Huang Zongxi's "Records of Visits to the Ming Yi" can be said to be the ultimate expression of Mencius' people-centered thought，Previous research paid more attention to the political philosophical implications of the book and its comparative analysis with Western thinkers (such as Locke at the same time and Rousseau later)，In fact, this book also has profound nj bet365 philosophical significance。The "Original Law" chapter puts forward two important aphoristic assertions, namely "lawless law" and "illegal law"，The thinking modes reflected by these two formulations are obviously similar to the distinction between positive law and natural law in Western nj bet365 philosophy，And aphoristic judgments such as "Evil law is also law" and "Evil law is illegal"。However, the concepts of substantive nj bet365 philosophy reflected behind this similarity in thinking patterns are different，Huang Zongxi believes that behind positive law there is real nj bet365 law，That is, the law that is in line with the public interest (the law of the world)，Otherwise it is a selfish law，Is illegal positive law。The public/private concept that supports this idea is a unique nj bet365 philosophy concept in China，It is different from the foundation of natural law thought in Western nj bet365 philosophy。It is this difference that exists，Only can we deeply understand the special theoretical significance and practical reference significance of this unique Chinese nj bet365 philosophy。This is the high-dimensional tradition of ancient Chinese law，It is also a unique nj bet365 principle of ancient Chinese law。

(The author is a professor at Jilin University nj bet365 School)