Since the 18th National Congress of the Communist Party of China,The Party Central Committee with Comrade Xi Jinping as the core deepen the understanding of the laws of socialist rule of law,Leading the people to comprehensively promote the governance of the country according to law,Proposed the construction of a socialist rule of law with Chinese characteristics、Strategic goals to build a country of socialist rule of law,Accelerate the construction of rule of law China,It indicates that the rule of law in China will be based on its own practice,Going out a road that is different from the Western model。In the process of achieving this goal,Chinese traditional legal resources is an important treasure house that cannot be ignored and used in capital。By drawing the essence of the Chinese legal and cultural essence,Especially in -depth excavation of the ideological concepts contained in the excellent traditional culture of China、Humanities、Moral specifications,Make it integrate with the rule of law at the moment,helps the whole society to form the rule of law identity and the rule of law belief,The real establishment is in line with the actual situation of China、Have Chinese characteristics、The road of rule of law developing the law of social development,and provide a solution and practice for the construction of the rule of law for human beings。
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Law as part of human culture,It is impossible to produce it out of thin air,It is essentially the rules of lifestyle and survival wisdom of specific regions,It is a product of the evolution of a certain real society。It can be said in this sense,How to comprehensive the Chinese people study the culture of Western bet365 Play online games rule of law、Deep、in place,Western legal culture in the concept of Chinese people can not be the original Western legal culture。The laws of other countries are transplanted to China,It will definitely go through a process that integrates with traditional Chinese legal traditions,Therefore, it will be given new meaning。Tradition means the characteristics of national culture,It is also the historical and cultural foundation of further development of the present and future。Attempts to pass a detailed legislative system,Temporary creation of a new order,It will only further strengthen the obedience between the rules and the facts,Finally, the law loses the function and value of the standard person and service that it should have。Different jobs,Savini thinks,The law should be found from the national spirit,Maintain a continuity and adaptability with specific cultural traditions and social reality。Therefore,Whether we realize or acknowledge or not,Chinese traditional legal culture, especially Chinese, is set in the depths of our hearts,subtle influence on the current rule of law construction in my country。Although the legal tradition of China has changed dramatically since modern times,But a series of innovations that imitate Western rule of law have not completely deviated from China's legal traditions,It can even be said,After reform and opening up,Until the current legal reform,We still walk through our own cultural scenes。
Chinese traditional legal culture as a whole has collapsed,But the legal concept it contains and the social phenomenon based on it、Evaluation of political and legal issues has always existed,And it can never completely disappear from our heart。Although the legal concept of political ideology has become history,But in the practice of rule of law, people have different understanding of many Bet365 lotto review legal systems and legal value,Alert us to establish the necessity and urgency of the rule of law with its own cultural characteristics in contemporary China,and build an extreme importance of the legal system that conforms to the concept of Chinese cultural value to maintaining social harmony。In the Chinese legal tradition, it contains the infinite motivation and source of living water for thousands of years to moisturize the nation.,We can only get the enlightenment of Da Zhi Dahui from our own history,can the great cause of the Chinese Law Department with the characteristics of the new era and the great cause of the Chinese people in the minds of the Chinese people become possible。
Traditional law culture can give the rule of law the power of belief
Any legal system is only integrated with the value concept of a certain society,History of this society、Culture and daily experience,It may be able to survive flesh and blood,Let the people accept and belief psychologically。As Mr. Yu Yingshi said,The strongest spiritual force in the world today is not out of a special political ideal,It does not come from a common class consciousness,Only national culture is the spiritual force that can withstand the test of history。Therefore,In the construction of the rule of law of socialism with Chinese characteristics, we must always keep Chinese cultural subject identity,Avoid loss of self,Under the premise of adhering to the concept of Chinese law and the pursuit of the Chinese people in the ideal personality and ideal society,The length of the system of all parties。Under this ideological guidance,We will focus on the spiritual needs of Chinese people、Value concept and Chinese society itself,Then what kind of rule of law need in China。Only this,All legal resources can be understood and used in an inner perspective。Since modern times,Failure of a series of western legal changes in my country,Bet365 app download The reason is that these fast and large -scale simple legal transplants are pursuing forms and ignoring the particularity of Chinese legal concepts,These legislations can not only integrate our history and experience,On the contrary, it often contrary to the cultural value of China,Can't make the public a sacred consciousness,It can not stimulate the passion and belief of the people who are willing to dedicate them。This has led to long -term dilemma that has a legal system and cannot be treated for a long time。
At the same time,Promoting China's excellent traditional legal culture also helps reflect on Western legal culture hegemony,Internal crisis of solving the value of liberalism in Western rule of law and the social problems it brought by it。It is undeniable,The French culture of Western Liberalism has promoted personal liberation,Stimulating people's desire,Make the economy of Western countries、Society has developed rapidly,It also greatly meets people's material needs。But as criticized by the New Natural Law School in the West,This rational spirit and legal empirical trend eliminate the value dimension of the law,As a coded guidelines for the people with gains and losses,All in the world is mainly determined by the material power of animal nature,Even related countries and governments have pursued this guidelines in their external activities。For a long time,Individual western countries often do not hesitate to destroy international rules,To achieve its own economic development and obtain various benefits with the means of damaging other countries,Sanctions on other countries everywhere,Even force invading forces,seriously damaged international moral concepts,Make the international community fall into the danger of the law of the jungle。And Chinese traditional political and legal culture is full of humanistic spirit,Emphasize care Bet365 app download and respect for people,and interpersonal friendship and harmony,Makes people awe of higher value,This helps to avoid the extreme of Western culture。Chinese culture emphasizes the social and morality of human beings.。The value concept of "harmony and difference" in Chinese culture,It can also be the harmonious coexistence and benign interaction of different national value systems in the world,The construction of the community of human destiny provides vibrant revelation。
Famous American scholar Berman once pointed out,The religious feelings and beliefs of the public's law on Fa,It is the fundamental prerequisite and guarantee for the existence and effective operation of the rule of law,Even the "legitimacy" of the law itself。An essential legal emotion that is essential for legal order depends on the beliefs of people's own ultimate justice,Can't get full nourishment from pure utilitarianism。This legal emotion originated from the belief of people's ultimate value of its culture。The ultimate value of a national culture is the fundamental difference between the nation that is different from other ethnic groups,Can't simply transplant and apply like a legal system as a technical rule,It is unable to fully understand it to a certain extent。
Constructing the current rule of law in the cultural field
Western legal ideas introduced introduced by traditional Chinese legal concepts and introduction can be regarded as two opposite ideological and cultural power,They constitute a general ideological field in the entire Chinese legal community。In recent years,The emergence of the popularity of traditional Chinese legal and cultural research reveals the fierce situation of the two wrestling in this domain。What is worth thinking about is,It has been violated with a large number of observer at home and abroad for many years,The influence of the concept of traditional bet365 best casino games Chinese law is still an underestimation in the current legal and ideological field of my country,And it is likely to gradually recover with some new appearance and new conversion form in the future。What needs to be noticed is,The law of Chinese -style humanistic spirit has temporarily retired from the center,But it is not a real disappearance,It still has a huge potential for further development,It will appear in the field of legal ideological fields in China to varying degrees in different degrees。The rule of law in China will also reflect the unique spirit and value concept of our nation。
Of course,Adhering to the status of China's cultural subject and its own legal concept does not mean that it must be realized according to the traditional institutional model,And this is actually impossible。Since modern times,major changes in Chinese society,Established a modern political and legal system and a new social organization form,Although the traditional cultural value and psychology will not disappear with it,But it must be manifested in a new form。Especially in the face of complex and varied international environment,While we maintain our own cultural subject status,It must be looked at the world without being limited to the country,To learn and refer to other countries、The legal system and practical mode of the nation。In short,China's modern rule of law construction must be used as the overall method and principles of the two people with the world's perspective and cultural value,A missing one is indispensable。Only combine the two,can make us change in ancient and modern,Opportunity to the West,Inside you can adhere to a autonomous cultural creation,Outside can respond to the challenge of globalization。This kind of rule of law construction has the weather of a big country,Only in this way can we find the opportunity of the growth of the rule bet365 live casino games of law and the soul of creation,The disadvantages of overcoming the disadvantage or the flow of the flow,Realize a root development and the creation of soul -soul。
(Author is an associate researcher at the Institute of Foreign Legal Research of the International Economic and Technological Cooperation Center of the Ministry of Industry and Information Technology)
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