Based on the "second combination" inheritance and the development of Chinese excellent traditional legal culture
March 28, 2024 10:10 Source: "China Social Sciences" March 28, 2024 Issue 2862 Author: Zhang Sheng

July 1, 2021,General Secretary Xi Jinping proposes "two combinations" at the celebration of the 100th anniversary of the founding of the Communist Party of China,"Persist in combining the basic principles of Marxism with the specific actual situation of China、Combined with Chinese excellent traditional culture "。"Two combinations" is a major theoretical innovation of contemporary Chinese Marxist theory,It contains rich and profound ideological connotations。June 2023,General Secretary Xi Jinping emphasized at the cultural inheritance and development symposium: "'Second combination' is another ideological liberation","Only understand the history of Chinese civilization,can we more effectively promote the creative conversion of the excellent Chinese traditional culture、Innovative development,More strongly to promote the construction of socialist culture with Chinese characteristics,Construction of modern civilization of the Chinese nation。”

The net of time is continuous without gaps,Tradition and modernity on the Internet of Time has continuity。Chinese modern rule of law civilization is not a water water、No wood,"The Second Combination" takes history as a reference,Based on the actual situation of China,Solution in China,To inherit the development of the excellent traditional legal culture of China,Constantly promoting knowledge innovation、Theoretical innovation、Method innovation provides a basically follow。"The Chinese nation has a million -year human history、History of 10,000 years of culture、History of civilization for more than 5,000 years ",Chinese excellent traditional legal culture formed after thousands of years accumulated,It contains rich ideas of rule of law and deep political wisdom,Is the treasure of Chinese culture,It is the source of thought and cultural root of the modern rule of law civilization。Only deeply understand the theoretical connotation of "second combination",can inherit the development of the excellent traditional legal culture of China,Then build a modern Chinese rule of law civilization。

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General Secretary Xi Jinping pointed out: "Chinese civilization has outstanding continuity。Chinese civilization is the only great civilization Bet365 app download in the world that has continued and developed in national forms。This fully proves the self -development of Chinese civilization、Response challenge、Open the cultural subjectivity and vigorous vitality of the Innovation Bureau。"The reason why Chinese civilization can stretch for thousands of years,endless time、New time to make a new time,The secret lies in its strong value concept of general recognition- "people -oriented"。

In "The Song of Shangshu · Five Sons", there is a "people -oriented" command: "Huangzu has training,Min can be close,Not.。Minwei Bangben,Ben Gubangning。"The Confucian system of later generations explained the value concept of" people -oriented "。Confucius departs from the relationship between the monarch and the people,Point out "People with the monarch as the heart,Jun is based on the people ","The heart is full,Also use body injury。Jun Yimi,Also the death of the people "。Xunzi further explained the dependence of the monarch and the people,"King,boat also;,Water also。Water is carried by boat,Water is covered with boat "。Mencius pointed out more essence,"People are expensive,Social Secretary,Jun is light "。Spring and Autumn and Warring States Periods,The central centralized state formed with the concentration of the monarch,The monarch and its subordinate officials have the authority in the legal system。After the Qin Dynasty unified,Laws and regulations,The national authority deviates from the people's will and interests,Then he died to Qin II,Leave a profound historical lesson。In the process of reviewing the authority of the legalist country,Jia Yi in the early Han Dynasty died in "New Book · Dazheng" anyway,Put forward "the country is in danger,Jun with the people for insult,Officials take the people as expensive "。The value concept of "people -oriented" has re -obtained the institutional orthodox status,laid the unified pattern of long -term stability for the Han Dynasty。During the Three Kingdoms period of Bing Ge's disturbance,The concept of "people -oriented" still cannot be shaken。For example,Wu Guozhin, Lu Kai, once alert to the Lord of the State,"People,The root of the country also,Should be reunited to eat,Love its life "。and until the Tang Dynasty,"Tang Law Shu" as a model of the Chinese Law Department,In its first article "Famous Example" enlightened sect,Called "the spirit of the human beings and the heavens and the earth"bet365 Play online games ,"Fu Sancai Zhaozhao,Van Xiangs points。qi with spirit,People are known as the first "。The value concept of "people -oriented" in the Tang Dynasty is not limited to protecting the body in terms of criminal law、Life and property,Instead, the overall unification control of the law system and the rule of law links,Comprehensively implemented "the world's own is in the country,Country of the country at home,The structural guarantee of the family is in the body,Especially the guarantee of basic people's livelihood,is to restrict state power,Not disturbing the people、Not illegal invasion; ensure family order and property rights,Guarantee personal rights,Combination of physical protection and program guarantee。

Traditional legal culture and modern rule of law civilization are connected in concept,All are human purpose,To protect the rights and interests of people with the system,Realize human development。General Secretary Xi Jinping pointed out in the 20th National Congress of the Party,We thoroughly implement the people -centered development thought,Nursery in children、Learning to teach、Labor gain、Disease medical、Old raising、Living for a living、Weak has some support for continuous force,Build the world's largest education system、Social Security System、Medical and Health System,The people get the feeling、Happiness sensation、The sense of security is more fulfilling、More secure、More sustainable,Common wealth to achieve new results。The development of the people -centered development is both the fundamental follow of the construction of the modern rule of law environment,It also reflects the direction of our future efforts。

  Activity system with a code

From the perspective of handed down legal literature,China has formed a tradition of national governance based on legal compilation。"The Song of Shangshu · Five Sons" describes the tradition of governing the country since Dayu, "Obviously my ancestor,Wanbang Jun。There is a code and there are rules,Yi Jue descendants。"Xia Shang's Wednesday's Code,Can't be said to be the text codes,But it is already a national law compilation in other categories,Culture、Systematic features。"Zhou Li" describes the "Six officials of six officials and six things" (Tianduanzuzai、Di Guan Situ、Chun Guanzong Bo、Xia Guan Sima、Qiu Guan Di Kou、Winter lawsuit),The reality of the official law at that time at that time,There is also the author's "there is a classic" governance ideal。"Zhou Bet365 app download Li" has a great impact on future generations,To the Tang Dynasty compiled "Tang Liudian", which is based on the "Six Things" system of "Zhou Li"。Ming Taizu Zhu Yuanzhang imitated the "Tang Liu Dian" to edit "The Division of the Division",Still head of six parts。During the Ming Hongzhi period, the classics such as "The Division of the Divisions", "Emperor Ming Mingzu Training", "Daming Collection Ceremony", "Filial Ci" and "Da Ming Law" and other books were compiled as "Daming Code",Compiled various rules systems of the central and local governments,After the Wanli period, the "Daming Code" is more complete。

In the Qing Dynasty, the compilation tradition of the Minghui Code has developed and developed,Kangxi、Yongzheng、Qianlong、Jiaqing、Guangxu Five Dynasties successively edited the "Daqing Meeting Code",Adopt "Guan Guanzhi,Activity of the official official ",Taking government agencies as the outline,Directors of various departments of the government、Directors、Case and official、Ritual and other systems。"Daqing Ceremony" is the Great Scriptures of the Governance of the country in the Qing Dynasty、Frequently method,It is also a model for the traditional Chinese legal compilation。On the one hand,This method is the institutionalized restriction of national power,Government departments cannot increase or decrease arbitrarily,Government departments cannot increase or decrease arbitrarily,Power of the power cannot be exercised intentionally。On the other hand,This method reflects the degree of completeness of the national legal system and the degree of civilization,The number of "Grand Ceremony" (Criminal Code) of the State Criminal Criminal Setting only accounts for about one -tenth of the conference codes,Most of the legal norms are about staff、Qianliang、etiquette、Military、Create and other systems。Compilation of the Chinese National Entotics Code and Compilation of the List of Regulations,All serve national governance,Code compilation and application is the basic guarantee of the rule of law。

The decree system with a classic order has both stability and flexibility,It reflects the legislative compilation achievements and complete system functions of the traditional Chinese legal system。Digging explanation、Inheritance and Development Traditional "Code and Some" Act,helps to improve the legal system of socialist socialist Chinese characteristics,helps to promote the construction bet365 best casino games of modern Chinese rule of law。

  The rule of law mechanism combined with the unity

The rule of law in any era has costs,The method of doing it must have discussions that have been revised abandonment,Officials of law enforcement、Judicial Law Cao must have a salary for a member。State Establishing One Law,One -point enforcement、Justice、The cost of abiding by the law。But seeking long -term security,It is necessary to pay attention to governance efficiency,Reduce the cost of governance。The governance experience of ancient Chinese countries is to establish a "mechanism of rule of law in combination with unification": divide,Government departments are divided into different categories of governance; unification refers to organizations at different levels、Different functions of departments effectively collaborate on the mechanism。

In terms of layered governance,Including functional classification within the government、layered governance of the central and local and local governments、Division of the government and social governance functions。The distinction between the internal functional department of the government is based on the category and professionalization of affairs。Take the Qing Dynasty as an example,Administrative affairs are mainly official、House、Li、Bing、Sentence、Gongli Most Door is responsible,Supervisor's right to belong to Duchangyuan,All ten main functional departments in this country,Division of various departments、Responsible for above。The central and local governments are distinguished on the basis of the upper and lower unifications,Central Central Personality is more than personnel、Supervision、Some financial extraction,Leave a certain power space for local governments to have certain conditions for local conditions。The government and society have a distinction between governance functions on the basis of the relationship between law,To avoid the government from being too huge、The cost is too high,In ancient China, the design plan of the authoritative government government was adopted,High integration of government departments、Strict limit of officials,And the state will authorize social organizations for some functions,Social organizations are regulating disputes、Grassroots governance and other aspects have certain authority。The "division" on the rule of law mechanism is to improve efficiency,Centralized political and legal resources bet365 live casino games to handle important affairs; and "unification" is to eliminate system conflict,It is also to improve the overall governance efficiency,On the other hand, it is to run through the authority to maintain the system,Avoid the national division and governance system failure。

China's traditional "dividing the rule of rule of law" in terms of governance cost control and governance efficiency,Instead of governing the country in accordance with the law for my country、Governance according to law、Administrative advancement according to law,Persist in the country of rule of law、Government of rule of law、Construction of the integration of society in the rule of law,It has the meaning of reference。

  Innovation of the rule of law on the basis of inheritance compatibility

General Secretary Xi Jinping pointed out,Chinese civilization has outstanding innovation。Chinese civilization is the new Dingxin、New Civilization of Gum Guangri,Static water deep flow and waves of magnificent intertwined。The Chinese nation always uses "Gou Ri Xin,New,The spirit of the new "continuously creates its own material civilization、Spiritual civilization and political civilization,Standing as the most prosperous and most powerful civilized body in a long historical period。The innovation of Chinese civilization is reflected in the rule of law that it is realistic、Carrying forward with the times to carry out legal reforms,Self -innovation is an important part of traditional legal culture。

Legal reform runs through the process of legal history of China for thousands of years,It is also the right to keep the old、Reform and innovation of Zun Gu's non -retro,Make the Chinese rule of law civilization lasting vitality。The legal reform of ancient China can be divided into two categories。One category is to summarize historical experience,Self -innovation,Keep positive innovation on the basis of inheritance。For example,Legalists during the Spring and Autumn and Warring States Periods,The tax system they promoted、Military system reform、County system reform、Create a centralized control system, etc.,Always summarize on the basis of accumulating experience、Keep promoting。Like Shang Ye、Han Fei and other reformers,In the process of pioneering reform,To avoid the resistance of reform,There is still a historical dependence of Totu restructuring。Another type is to learn legal theory outside the inherent tradition、Legal system、Governance of the rule of law,Reflect that the Chinese nation is Bet365 lotto review not afraid of new challenges、The fearless character of being brave to accept new things。For example,Ancient Chinese attitude towards Buddhism was acceptable and localized,Then the theory of it、Standardize absorption and integration into our value system and legal system。Another example,In the end of the Qing Dynasty in the end of the Qing Dynasty, it was accepted by Western legal culture,The total amount of knowledge handling,The rapid transformation of the rule of law,It is unprecedented in thousands of years。But,Can't be combined with the actual situation of China、Failure to effectively internalize the system and theory of the elements of the rule of law in China,You need to learn again、Re -digestion,Take its essence。

From the perspective of traditional rule of law,Legal reform is a normal state of metabolism in the rule of law system,Need to persevere,Stepping it。Legal reforms are usually to solve practical problems,Often new problems will also occur,This requires that the reformers have great patience and tenacity。

  (The author is a researcher at the Institute of Law of the Chinese Academy of Social Sciences、President of the Chinese Legal History Society)

Editor in charge: Cui Bohan
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