The 20th report of the party's 20 major reports are specially proposed,Persistence and development of Marxism must root in China's unique historical and cultural traditions,Develop advanced socialist culture、Promoting revolutionary culture,Promote the creative conversion of Chinese excellent traditional culture、Innovative development,"Be good at seeing reality through history","Continuous improvement of historical thinking ability","Keep historical patience"。To implement the 20th spirit of the party,General Office of the Central Committee of the Communist Party of China、The General Office of the State Council issued the "Opinions on Strengthening Law Education and Law theoretical Studies in New Era",Proposal to strengthen the construction of basic theoretical disciplines such as legal history,Update the connotation of the discipline,To better integrate into the practice of comprehensively governing the country in accordance with the law。Legal history is the basic subject in the legal system,It is also a cross discipline of humanities and social sciences,Dual functions with both cultural moisturizing and standardized governance,For firm institutional self -confidence、Cultural confidence provides theoretical support。
The fundamental task of legal history: Talk about clarifying the tradition of law culture,Differential essence and dross。Since modern times,In the process of western colonial expansion,The Chinese nation has encountered an unprecedented crisis,Based on saving crisis、Realize the urgency of the rich and strong,modern China has begun bet365 best casino games to get rid of its own legal and cultural tradition,Fully imitate Western legal system、Theory theory,It is quite common to explain the errors of traditional Chinese law with Western law。In addition, in the history of thousands of years,Due to natural disasters、Bing Bing Difficulty,Chinese traditional legal classics and cultural relics are mostly damaged、Loss。Restore the historical original appearance of the traditional Chinese law,Always legal history and history、Basic tasks of related disciplines such as archeology。The new era has more scientific and technological support,Through continuous archeological discovery、Literature mining,Not only maybe better clarify the legal ideas of generations and generations、The historical changes of the legal system; there are better conditions to explain the historical context and historical laws of the development of traditional Chinese legal development,Clarify the deepest spiritual pursuit and unique spiritual identification of the Chinese nation accumulated by traditional legal culture。From "historical original appearance" to "evolution context" and "cultural spirit",Get these three clarifications,Legal history needs and archeology、History、Linguistics、Cross -fusion of disciplines such as information science,Research results of other disciplines,Practice a piece of legal history into a gradually clear dynamic evolution of the Chinese rule of law civilization。To make it clear,It also needs to use historical big data,Correct some but wrong legal history maps that have been fixed。Modern legal history scholars use ancient Chinese laws as research focus,Analysis with the theory of the Modern Western Department Law,Judgment of Chinese traditional legal culture cannot be inevitable to prefer,There are problems Bet365 app download with historical time and space dislocation,I ignored the method of ensuring people's livelihood that occupies more than 80 % of the national grammar system、Standardize the method of government officials、It states the etiquette system of the national etiquette system。
Only realized clearly,Get the full picture of the traditional Chinese legal culture,Then you can explain and analyze,What are the essence of traditional legal culture,Which is the dross that should be abandoned。The Communist Party of China as the inheritor and promoter of the excellent traditional culture of China,In the revolution、Construction、Reform period,Combining traditional legal culture with the political construction of the base area、Combined with the construction of socialist rule of law,laid the foundation for the practical test of traditional legal culture。Enter the new era,Archaeological cause、History research、Legal history research has accumulated rich research materials for the legal culture tradition,Among them, the digital ancient legal literature has reached more than 300 million words,Provides favorable conditions for theoretical research of science。Under the guidance of Xi Jinping's thinking of the rule of law,With more firm cultural consciousness and cultural self -confidence,Legal history scholars can systematically identify traditional legal culture,Form the unified Chinese excellent traditional legal culture and revolutionary legal culture,Provide nourishment and support for the culture of socialist rule of law。
Real concern of legal history: good at creative conversion,Realize innovative development。Outstanding traditional legal culture is not deadly antique,In real life,People’s ideological and behaviors generally follow non -institutional norms. Many of them belong to the traditional law。For example,The modern marriage and family system is based on Western individualism,But in real life, traditional family group thinking bet365 Play online games is common,The system of modern maintenance responsibility still requires the concept and behavior standard of traditional filial piety,my country's "Civil Code" also introduced the general regulations of traditional laws in the marriage and family editor。but,Traditional legal culture is either a more magnificent and abstract concept,Either scattered and specific fragments,Lack of systemic theory expression,Lack of systemic integration with modern laws。This requires creative transformation and innovative development,The rules of discrete traditional law、Great concept theoretical,Fusion into the construction of the rule of law,Give play to its realistic cultural functions and specifications。Socialist core values itself is an integration system for cultural value,Integrate the leadership of the Communist Party of China、The value concept formed by the long -term practice of construction and reform,Drawing the excellent culture of the Chinese nation for more than 5,000 years,The beneficial achievements of the human civilization governance have been borrowed。Creative conversion and innovative development,It is necessary to follow the requirements of the culture and system of the new era,The value concept of the value that still has the significance and the old institutional expression form is transformed,The theoretical connotation and institutional form given to it in the new era,Activate its vitality,Enrich its value connotation。
penetrate ancient and modern,Creative transformation and innovative development of outstanding traditional legal culture,You need to accumulate in practice,Keep promoting,More theoretical summary。Excellent traditional legal culture is the material of legal history theory and theoretical innovation material,At the same time, Bet365 app download it is also the source of constructing China's autonomous legal knowledge system。Zhang Wenxian, a famous jurisprudence scholar, pointed out,"Constructing China's autonomous legal knowledge system is a profound revolution in the field of law。By promoting the construction of China's autonomous legal knowledge system,Chinese Law will realize the creator of the ‘porter’ from Western theory to the creator of Chinese academic、The fundamental change of the contributors of world academic contributors "。Excellent traditional legal culture provides the origin of Chinese autonomous legal knowledge system、Cultural value、System material,Chinese autonomous legal knowledge system, including the history of law,、The long -lasting Chinese rule of law civilization as the main body,Writing through ancient and modern、Law theory that keeps pace with the times。
Practical requirements of legal history: Systematic governance reference,Specific selection of good and use。Legal historical data test、Digging of traditional legal culture、Explanation,Not only to restore the past of the Chinese rule of law civilization,Guide the future for the context of the historical development of legal culture,Provide historical and cultural resources for the entire legal system,Provide a standard reference for the construction and improvement of the modern legal system。Legal history can provide support for the construction of the rule of law,or directly learn from or transform through departmental law,It can be divided into macro -systems and applications of micro specifications。
At the macro level,Mao Zedong used the failure of the ancient peasant uprising as a reference,The question of the historical cycle rate of Mr. Huang Yanpei with the people's democracy,The institutional foundation of the people's sovereignty and democratic supervision for the future Bet365 lotto review of the People's Republic of China。Deng Xiaoping has learned from the theory of governance in ancient society in "Book of Rites · Rites",In the reform and opening up, it proposed the phased development goal of building a "well -off society"。Enter the new era,Chinese Communists, who mainly represented by Comrade Xi Jinping,Absorption and borrowing the world as the public、People are the state、Traditional governance concepts such as politics and Edde,Put forward the people -centered development ideas; absorbing and borrowing any people、Choose Xian and Neng、Ustelle and other ancient officials and governance thoughts,The standards of good cadres in the new era have been proposed; the absorption and borrowing of Confucian Wanbang、Speaking of Xiu Xiu、Kinden good neighbors、Different traditional diplomatic relations,The idea of the community of human destiny was proposed。
At the micro level,Ancient cleaning political stain、The imperial history system of the discipline of the Outline、Patrol Press System,Direct impact on my country's modern monitoring system。Ancient my country attached great importance to tutoring、Home Wind、Home training,Drawing on family harmony、Social Harmony Governance Experience,"Civil Code" Article 1043 stipulates: "Family should establish excellent family style,Promoting family virtues,Pay attention to the construction of family civilization。"Although this article is a general regulation,But the institutional foundation has been established for the mutual love of family members。Chinese excellent traditional legal culture is a rich historical treasure,There are many magnificent theories and micro -problems waiting to be discriminated、Digging、Explanation、conversion、Development、Application,The new era has given the huge opportunities Bet365 app download and challenges of legal history,Legal historians should insist on keeping positive innovation,Make the Chinese rule of law civilization genetically adapt to the culture of contemporary rule of law、Coordinate with the socialist rule of law with Chinese characteristics。
(The author is a researcher at the Institute of Law of the Chinese Academy of Social Sciences)
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