Independent Commission Against Law Of The Ancient Chinese Culture And Its Modern Value

The thesis discusses Chinese ancient legal culture of integrity and its modern value from the view of legal culture. It includes eight chapters.In Chapter One, the author identifies basic conceptions such as culture, legal culture, integrity, culture of integrity, legal culture of integrity, corruption, ancient, value, value of culture, system and explains the subject's current research status, theoretic meaning and practical significance thereof. Advantages, concrete means of the research and the paper's structure are briefly illustrated in the end of the chapter hereby.Chapter Two and Chapter Three set forth basic connotation of ancient legal culture of integrity. Because this part is the basis of the research with long time span and abundant content, it is divided into eight sections, including the clean official system, the legal thought of integrity, the legislation against corruption in past dynasties, the construction of official morality with emphasis on ruling by morality, the system of selecting officials strictly, the merit system, the powerful means such as the excruciation to curb corruption, the measures of maintaining integrity by high salary, the supervision mechanism of impeaching officials. On the grounds of systematization and theorization of the above contents, brief comments are given and advantages and disadvantages are put forward.The reasons of forming ancient legal culture of integrity are discussed in the forth chapter. This part is divided into six sections. Natural economy is the economic basis of ancient legal culture of integrity;Autocratic bureaucracy is the political background of ancient legal culture of integrity;The politics of Confucian ethic is the springhead of ancient legal culture of integrity;"A government of the people, by the people and for the people" is the philosophical foundation of ancient legal culture of integrity;Self-cultivation is the logic jumping-off point of ancient legal culture of integrity;preventing the abuse of power is the value selection of ancient legal cultureof integrity.The content of chapter 5 is the main features of ancient legal culture of integrity, which are concluded and abstracted in six sections. The main features are: advancing with time and improving continuously;various legal resource and disperse content;brief articles and imperceptible explanation;stressing on official morality and self-examination;offsetting crimes by official position and focusing more on power than law;Basis of the whole political system.Chapter Six and Seven narrate the modem value of the ancient legal culture of integrity. These parts are the keystone of the thesis hereby. They disclose the research target and meaning. There are all together two chapters including nine sections, which discuss the modem value of the ancient legal culture of integrity. They bring forward the idea of constructing modem legal culture systems of integrity. That is the establishment of China's modem legal culture systems of integrity cannot only emphasize on tradition, neither can simply follow the model of foreign countries. It should be grounded on the current condition of China, based on localization, on the basis of succession from the inheritance of Chinese traditional legal culture of integrity, collection advantages from all quarters, absorbance and achievement from foreign excellent fruits of legal culture of integrity for our own use to form the socialism legal culture of integrity with Chinese characters. Its concrete connation includes: Establishing root cause and symptoms management, comprehensive administration, equal emphasis of punishment and prevention, special stress on prevention as fundamental policy for legal culture systems of integrity;Constructing mechanism of "no necessity for corruption" with the key content of fair and reasonable guarantee of interests;Building up mechanism of "no desire for corruption" with the content of self-rectifying, self-discipline and self-cultivation of official morality;Setting up mechanism of "no possibility for corruption" with the content of strict institutional guard;Constituting mechanism of "no easiness for corruption" with the content of strengthening effective supervision;Constructing mechanism of "no intent for corruption" based on impartial use of personnel, rigid selection of officials;Constituting mechanism of "no courage for corruption" grounded on severe punishment of bribes;Establishing mechanism of"no demand for corruption" on the basis of healthy and active integrity cultural environment. The establishment and improvement of the above seven mechanisms and development of their respective functions and interactive effects are aimed to reach the goal of restraining corruption effectively, and the target of ensuring cleanness of politics, integrity of government and honesty of officials.Chapter Eight is the conclusion. It gives a brief account of the research result, main innovations and existing deficiency of the thesis hereby.