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At the academic level，Mr. Lin Yusheng proposed the proposition "traditional Chinese creative transformation"。It mainly includes five aspects: first，A radical anti -traditional thought is not desirable，Do not put traditional Chinese culture、Social and politics is regarded as an integrated organic body and fully negative。Creating new things does not need、It can’t completely destroy the old things，In terms of knowledge theory，We just rely on existing thoughts to compare、Reflection of foreign thoughts。Second，When discussing the dialectical relationship between stability and innovation，Lin Yusheng specifically quoted the words of Huaheide (A. N. Whitehead) to illustrate its above view，That is, he especially emphasizes the "nourishing" relationship of the stability of social culture for innovation; if there is no such nourishing，Innovation cannot bloom and bear fruit，but can only guide the confusion without results。This dialectical relationship means that tradition and innovation are not opposite。third，The correct attitude towards the tradition is to make creative transformation of tradition，This requires a background，That is comparison with foreign。Lin Yusheng thinks，The disintegration of the traditional architecture does not mean that every idea and value of the traditional losing meaning at the same time，Some of the travelers of some thoughts and values ​​may have a new possibility of integration with the thoughts and value transmitted in the West。fourth，At bet365 live casino games the same time，One of the premise of creative transformation is that tradition is rich and organic。Lin Yusheng particularly emphasized a vibrant tradition importance，This is Huaihai、The prerequisite for social progress that many thinkers such as Polandi and other thinkers have revealed，Anti -traditional intensity also comes from traditional rigidity to some extent。Fifth，On the specific way of creative transformation，Lin Yusheng proposed that he must be liberated from the way of reading textbooks，To read the Chinese and Western classics; especially the starting point of your own problem，To understand the West with an open mind。

So，Lin Yusheng made a clear definition of "creative transformation of Chinese tradition": "Simply speaking，Reform the symbols and value systems in some Chinese cultural traditions，Make the creative converted symbol and value system，Gettles to a seed that is conducive to changes，In the process of changing，Continue to maintain cultural identity。"In short，Vibrant tradition and dynamic modern society are complementary，Establishing modern society and maintaining cultural identity can exist at the same time。Specifically to Chinese legal tradition，Lin Yusheng's above -mentioned framework discussions have special revelation significance; because the academic community generally believes，China's modern law system has obvious breaks with ancient law，"Tradition" and "Innovation" seem to be opposed。

The creative transformation of Chinese legal tradition first depends on the legal tradition itself is a vitality，Potential of transformation，The judgment of "potential" also needs to be based on our current problem consciousness; this problem consciousness may be after comparison with foreign culture，but Bet365 app download not simply copy。Many people may think，After the renovation of the reform in the late Qing Dynasty，Chinese traditional legal system has been abandoned，Through legal transplant，We actually created a legal system，The potential of no change in the traditional Chinese legal system。The recipient system is basically rootless duckweed，So many scholars reflect on the transplant characteristics of Chinese law，and propose to pay attention to discovering local resources，or propose the value basis for constructing the Chinese legal system from the perspective of legal beliefs。

Actually，Whether there is a change in the potential，This requires us to distinguish the traditional itself，that is, distinguish the legal tradition of law into a low -dimensional and high -dimensional legal tradition。"The Tradition of Low Dimensions" and "High Dimension Tradition" are a distinction between how to understand the traditional methodology，From the Japanese philosopher's work。Xu Fuguan also thinks，The traditional manifestation of the low dimension is a specific image of similar customs and habits，is static and lacking consciousness; and the tradition of high dimension is the original spirit and original purpose hidden after the low dimension tradition，It is a thinker of a nation、Artist and other created。The tradition of high dimension is a spiritual existence beyond specific phenomena，You need to consciously reflect to discover，and can reflect and criticize the tradition of low dimensions。The characteristics of this high -dimensional tradition，Xu Fuguan concluded: "High -dimensional tradition itself，It contains super traditional meaning。More specifically，It contains the following characteristics: first，It is ideal。This bet365 best casino games is just like the ritual of Christianity is a low dimension，But its blog love is high -dimensional，Is ideal。Second，Because it must be discovered by the consciousness of people's self -introspection，So once found，The tradition of low dimension，It must be criticized。Because it is a critical，So the third，It is dynamic。Because it is dynamic，So fourth，It is constantly forming，is the inheritance of the past and surpass the past at the same time。”

This can be seen，The tradition of Xu Fuguan's understanding is mainly the tradition of high dimension，The traditional nature of this type is emphasizing subjectivity，That is, the traditional mechanism contains self -update，The conscious reflection of the subject can continuously improve the tradition。Comprehensive evaluation of this traditional methodology distinction is not the purpose of this article (such as the condition for self -update is a more complicated question，and this distinction does not provide answers to this question)，But at least we can say，High -dimensional tradition is the key to our can realize the creative transformation of legal tradition，It is also the legal system that has been transplanted and the basic concept behind it can be localized。According to the knowledge theory of Michael Polandi，For our understanding and understanding，The main role is to know the knowledge，instead of an external knowledge system without any foundation。For the legal system transplanted，If you can find the same or similar values ​​in high -dimensional legal traditions，Then this transplantation system is easier to be accepted by people。So the tradition of high dimension is a seed that is conducive to the changes in Chinese legal traditions，allows us to maintain Bet365 lotto review the recognition of traditional French culture when they accept the specific legal system that come from transplantation。If a word is used to summarize the high -dimensional tradition of this legal field，That is the "basic law" of ancient Chinese law。It can be passed on to this day、It can still provide us with the theoretical resources that can provide a good reference for our construction of a modern rule of law，The main manifestation form is the idea of ​​the law、Concept、Principles、Theory、grid words、Fa -proverb, etc.。

Professor Zhang Wenxian has advocated "Judging" research in recent years，To realize the "legal" steering of Chinese law and science，The law of ancient Chinese law should be an important part of this steering。According to the study of the academic community，"Legal" first appeared in "Han Book"，specifically refers to the judicial organs; after that, "jurisprudence" continues to gain new meaning，Principles of Graduation Fingering, etc.。Kong Zhigui in the Southern Dynasty proposed that "the artisan is based on the rope and ink，Those who control the country are legal -oriented "，It is a refined expression of the meaning and role of jurisprudence。But the ancient Chinese law as the system has irregularized，and only the last of jurisprudence。In terms of institutional，No matter what creative transformation of traditional Chinese ancient law，We can no longer accept its specific codes structure and provisions。But the legislative thoughts behind the code and the basic principles behind the specific provisions (jurisprudence) can still become the current legislation and judicial reference after creative transformation，For example, "Tang Law · Name Example" stipulates: "，The person who should bet365 Play online games be sinned，The weightlifting is light;，Then use light weight。"This provision is the general jurisprudence of legal reasoning，Although it does not conform to the principles of criminal law in the legal criminal law，It seems that it also contains concepts of guilty presumption。

Of course，The high -dimensional tradition in the field of law is not an objective reality waiting for discovery，It should be summarized on the basis of in -depth research、Reflection。This requires our open mind，In -depth study of Chinese and Western classics，combined with the current problem consciousness，In the comparison and interoperability of various ideas，Creative conversion of ancient Chinese law。For example, Huang Zongxi's "Mingyi Beauty Beauty" can be said to be the ultimate play of Mencius's thought，In the past research, the political philosophy meaning of the book, as well as comparative analysis of the political philosophy of the book and the comparative analysis of Western thinkers (such as Locke in the same period and Rousseau later)，In fact, this book also has profound legal philosophy。The original method of the "Original Law" proposed two important pattern assertions, which are "inaccessible methods" and "illegal laws"，The thinking patterns reflected in the two methods are obviously similar to the distinction between the real law and the natural law in the philosophy of Western law，and "Evil Dharma" and "Evil Law illegal" judgment。But the philosophy of the essence of law reflected in this thinking mode is different，Huang Zongxi believes that there is a real legal method behind the real law，That is the law that conforms to public interest (the law of the world)，Otherwise it is the law of selfish，illegal real method。Public/private view that supports this Bet365 lotto review idea is a unique legal philosophy of Chinese，The foundation of natural law in the philosophy of Western law is different。This difference exists，We can deeply understand the special theoretical significance and practical reference of this unique Chinese legal philosophy。This is exactly the high -dimensional tradition of ancient law in my country，It is also the unique legal of ancient Chinese law。

(The author is a professor at the School of Law of Jilin University)