Building a Chinese legal knowledge system with a Chinese position
May 17, 2024 09:39 Source: "China Social Sciences" May 17, 2024 Issue 2893 Author: Guo Weilu

May 17, 2016,General Secretary Xi Jinping pointed out in an important speech at a symposium on the Social Sciences of Philosophy and Social Sciences: "The characteristics of philosophy and social sciences、Style、Qi Pai,is a product developed to a certain stage,Is a mature sign,is a symbol of strength,It is also a manifestation of confidence。"for this,To be based on China、Drawing on foreign、Digging History、Grasp the contemporary、Care humans、Future -oriented thinking,Focus on building a philosophy and social science with Chinese characteristics,Guiding thought、Disciplinary System、academic system、The discourse system and other aspects fully reflect Chinese characteristics、Chinese style、China Qi Pai。Chinese Law Autonomous Knowledge System is an integral part of the philosophy and social science system with Chinese characteristics,The construction of the self -knowledge system of Chinese law should actively inherit and promote the excellent traditional legal culture of China,Adhering to "China Position" and "China Perspective",Based on the great practice of the rule of law of socialism with Chinese characteristics in the new era,Fully absorb and learn from the achievements of the world's excellent rule of law。

  bet365 best casino games

The social sciences of Chinese characteristics should have the characteristics of inheritance and nationality,Resources of the excellent traditional culture of Chinese characteristics are the precious resources of the development of philosophy and social science with Chinese characteristics。China is an ancient country with thousands of years of legal culture,Over great contributions to the world's rule of law civilization,Especially the Chinese Law Department, represented by the Tang law,Not only does it integrate the experience of human social legal governance,and have a significant impact in East Asian countries。

Many outstanding traditional legal concepts of China have been reproduced in contemporary Chinese legal doctrine and legal system。In legal concept,There are also many important concepts that need us to absorb、Learn、Conversion,There is still vitality and appeal today。At the level of legal concept,There are also many legal concepts that can be passed down today and need to carry forward the light。Bet365 lotto review If the word "legal",Represents the basic principle of the law。China's word "jurisprudence" in the Han Dynasty,Nan Qi, Kong Zhiyi said, "The artisan is positive with rope ink,Those who control the country are legal -based ",It is the fundamental basis for governing the country directly。Since then,The words about legal in Chinese history are endless。

Visible,"Legal" in ancient Chinese industry has become a fixed legal word group,Used to refer to the law and the principle behind it、Following the reason。This is not only a manifestation of the discussion of the principles of excellent traditional legal culture in ancient China,Also our legal study today、Classic category that legal research and legal practice must pay attention to。

Another like "people's livelihood",Used to express the survival of the people、Life、Life,Also an authentic Chinese term。The "Minsheng" narrative appeared in the "Zuo Zhuan" of our country's pre -Qin classics,Yan said: "People's livelihood is in diligence,Qin is not lacking。"meaning that people's livelihood needs to pass personal efforts,Only diligent labor,can create a beautiful life。Visible,"Minsheng" is an authentic Chinese concept,It is also the theoretical theme that Chinese thinkers have followed。The concept of "people's livelihood" derived from this,It can also become the identifier concept of the self -knowledge system of Chinese law: the words of the social rights of people's livelihood and the social power of western society,But there are significant differences。It means that the people are self -preserved、Just survival、Planning Rights,It is also a comprehensive legal system that provides welfare supply and focus on the rights of the weak。These refinement and capture of the core concepts of Chinese excellent traditional legal and cultural core concepts,It will provide a basis for the construction of the self -knowledge system of Chinese law。

 From "China Perspective" and "China Stance"Construction of independent knowledge system

Chinese excellent traditional culture is the root and soul of the Chinese nation。Construction of Chinese Law Independent Knowledge System,When traditional Chinese Law Knowledge System is an indispensable historical resource。General Secretary Xi Jinping pointed out in an important speech on "May 17": "Chinese civilization continues the spiritual blood of our country and nation,Both salary fire is required、Guardian for generations,It also needs to keep pace with the times、Public outlet。"" Chinese Law Department of History Concept,Its main trunk bet365 best casino games is the traditional Chinese law knowledge system,Its essence is the Chinese traditional rule of law wisdom contained in the Chinese law department。

At present,The Chinese Law Department in the Chinese Law Independence System has a single historical cognitive breakthrough,There are also overall historical rewriting breakthroughs。The former includes new understanding and new learning brought by new materials such as unearthed legal literature,For example, the Qin and Han Law Jane in the past two decades,I have rejected the Qin and Han dynasties in the Chinese sinology community in the past,and thus reintegrate the degree of development of the Qin and Han Legal Empire。Shangbo Jian、Tsinghua Jane and other Warring States Chu Jian discovery,Let us realize the contents of the unprecedented history books,Expand the cognition of the contemporary people's early birth of the Chinese Law Department。The latter focuses on the overall history of the Chinese Law Department,Based on solid historical documents,Fully noticed the rich diversity of the legal content and legal system of the Chinese legal system,Inaccurate understanding of the legal content "based on punishment" or the legal system is inaccurate the law。

Another,Research on the Chinese Law Department also has a breakthrough of methodologies,That is, explain the history of Chinese law from the internal logic of Chinese history,instead of "judging" the history of Chinese law with Western standards。Inheritance and carrying forward the excellent ideological concept of the Chinese Law System in the process of constructing the self -knowledge system of Chinese law,Its content should not be limited to the "Wisdom of the Law of the rule of law",This is only known for it。Academic research is more important to know why,So the "true history" of the Chinese law department must have accurate cognition and deep research。Starting from the original intention of academic research,"Repeat Chinese Legal History" with reliable historical materials and rigorous academic attitude,Explain the wisdom of the rule of law contained in the Chinese law from "China Perspective",Integrate it into the Chinese Law independent knowledge system,When it is a feasible way to study the "true history" of the Chinese law department。

When constructing the self -knowledge system of Chinese law,We will start from the academic position of "true history" in Chinese legal history,Not restricted to the history of Western legal in the "benchmarking",No "in ancient Western Bet365 app download in the West,Ancient China is also available "and,It is also not based on Western methodology to study the history of Chinese legal,Do not conclude that the same conclusion as the research as Western legal history research is targeted,Instead, you want to jump out of the narrative framework of the history of Western law,Starting from the "Chinese position", re -describe the history of Chinese law,It is the academic attitude that inherits and develops the excellent ideological concepts of the Chinese Law Department。

 Based on the construction of the rule of law with Chinese characteristics in the new eraRefine the core category

Construction and molding of Chinese Law independent knowledge system,It is both an academic thought of law discipline、Mature external expression in the academic category,It is also a new concept of national law、New category、The systemic construction of the new expression。China is comprehensively promoting the great cause of governing the country according to law,"New Era" is the era background of the construction of a country of rule of law。In Xi Jinping's Thought of the Law,Based on the specific background of the new era,launched and refined many Chinese characteristics、Chinese style、The important legal category of the Chinese style,provides a model for constructing a legal knowledge system with Chinese characteristics。

For example, "a good life" as a legal purpose,Not only does it contain high standards in material and cultural life、High requirements,and widely involved in democracy、rule of law、Fair、Justice、Security、Environmental requirements、New expectations。A good life converts into legal terms,That is the right to live or a happy life。General Secretary Xi Jinping pointed out,"The people's happy life is the greatest human rights",This is not only a summary and recognition of the people's expectations of the people's good life,It also includes the obligation and responsibility of protecting the people to realize the right to achieve happiness,The fundamental concept of "people -centered" of the Communist Party of China and the Chinese government。

As "social fairness and justice",This is the basic value pursuit of socialist rule of law with Chinese characteristics。Although starting from Aristotle,With the concept of "allocation of justice",But what emphasizes that everyone is working as labor、Getting, etc. get something that should belong to them。And what is called social fairness and justice today,Although it can also be regarded bet365 best casino games as a principle of allocation,But it is the distribution justice that benefits the people who should benefit the whole people with the connotation of the individual。Words,Social fairness and justice is the overall survival of people in society、Living conditions to allocate resources or wealth,When some people cannot ensure basic survival or life through their own efforts,The state should unconditionally give financial support or material help。Visible,This is a very typical value expression of socialist China,It can be used as an important content in law academic discourse。

Another example is "the whole process of people's democracy"。The whole process of people's democracy insists on starting from China and actual departure,Adhere to the party's leadership、The people are the master、Organic unity of the country according to law,Comprehensively promote democratic elections、Democratic consultation、Democratic Decision、Democratic Management、Democratic Supervision,Sustainable development of direct democracy and indirect democracy,Continuously enrich political democracy、Economic Democracy、Cultural Democracy、Social democracy and grass -roots democracy,Ensure that the general public enjoys extensive democratic rights,Fully reflect the politics of the people's head as the master、Legal status,To achieve the great rejuvenation of the Chinese nation、Building the contribution of the community of human destiny,It is a socialist democracy that is efficient and efficient in all fields in the whole process。People's Democracy,Not only reflects the common value of democracy, the common value of democracy,It has distinctive Chinese characteristics and characteristics of the times。General Secretary Xi Jinping made a brilliant summary of the basic characteristics of the people's democracy in the process,"The whole process of people in my country not only has a complete institutional program,and have a complete participation practice ","The whole process of the people's democracy in my country has achieved process democracy and results democracy、Program Democracy and substantial democracy、Direct democracy and indirect democracy、Uniformity of people's democracy and national will,Is a full chain、Comprehensive、Full coverage of democracy,Is the most widely、The most authentic、Most Socialist Democracy "。This reflects the value of people's democracy in the whole process、content and essential bet365 best casino games institutional characteristics,From the process、range and function、The effect shows the political advantage of the whole process of democracy different from Western democracy。This concept of Chinese -style democracy,It will also provide help for the legal knowledge system of the legal science Chinese characteristics。

 Fully absorb and learn from the results of the world's excellent rule of law

Construction of legal autonomy system with Chinese characteristics,It does not mean that it is necessary to reject foreign theories、Concept、category。General Secretary Xi Jinping pointed out: "Adhere to the actual departure of our country,It does not mean that closing the door to engage in the rule of law。The rule of law is one of the important results of human civilization,The essence of the rule of law and the main purpose of the governance and social governance of various countries,We want to learn from the world's excellent results of the rule of law in the world。"Although this is mainly based on the rule of law around the system,But it is equally important for building a self -knowledge system for Chinese law。Of course,Actively absorbing the achievements of the world's excellent rule of law civilization while also shall be appointed,An optional absorption and conversion,Can't swallow jujube、copy photos,Otherwise, it will inevitably lead to water and water dissatisfaction。

The so -called "Orange Sheng Huainan is orange,Born in Huaibei, it is 枳 "。On this question,We have to have confidence、Have confidence,Strive for Chinese wisdom、Chinese practice contributes to the construction of the world rule of law civilization。Concept of Law、category、Theory、The system is not purely academic。On the contrary,Many of them contain ideological factors,Such as liberal rule of law and socialist rule of law,Although they are named after the "rule of law",But in the main body、Purpose、Elements、Home and other aspects all have quality differences,Do not talk about。

Here,According to the principle of "optional absorption and conversion" proposed by General Secretary Xi Jinping,Outstanding achievements of the world rule of law civilization and law theory scientifically,On this basis。Generally speaking, including three dimensions: First, absorption,Respect the common legal system and legal theory of human beings,For example, you need to establish a system of power constraints and supervision,Put off the power into the cage of the system;,The owner of the people into the country and society is。bet365 Play online games The second is conversion,That is, combined with China's actual national conditions, localization transformation of related laws,If "governing the country according to law、Governance according to law、Administrative advancement in accordance with the law "," country rule of law、Government of rule of law、Construction of the integration of the society in the rule of law "。Third is innovation,I rooted in Chinese wisdom、Based on Chinese practice,Creatively express China's experience in rule of law。For example,But in Xi Jinping's thinking of the rule of law,The concept of "rule of law" is a very unique category of law,This is also proved to be self -confidence in the road、Theoretical self -confidence、System self -confidence、In the atmosphere of cultural self -confidence,We may also need to create China、Also belongs to the world's legal independent knowledge system。

 (The author is the Secretary of the Party Committee of East China University of Political Science and Law)

Editor in charge: Zhang Jing
QR code icon 2.jpg
Key recommendation
The latest article
Graphics
bet365 live casino games

Friendship link:

Website filing number: Jinggong.com Anmi 11010502030146 Ministry of Industry and Information Technology:

All rights reserved by China Social Sciences Magazine shall not be reproduced and used without permission

General Editor Email: zzszbj@126.com This website contact information: 010-85886809 Address: Building 11-12, Building 1, Building 1, No. 15, Guanghua Road, Chaoyang District, Beijing: 100026