Study On Nao Culture And Legal Culture In Chinese Traditional Society

There is a simple question that is debated in this paper,as we all know,China is an ancient country with long history,we can find that the present is strongly influenced by the past,at the same time,the Chinese government tells the whole Chinese people that the nation has a wonderful dream which will come true in the future.The dream is called rule of law.That is to say,the old nation will be changed greatly from rule by law to rule of law.We feel happy when we hear this good news,but we must realize that there are many difficult problems that are needed to solve,if we can not answer these questions perfectly,they will destroy our sweet dream.These negative factors include the mass Nao-culture.Nao is a kind of Chinese social phenomena,this phenomena has existed thousands years in Chinese history.When we observe this phenomena carefully,we can find some basic rule in Nao behaviorFirstly,it includes but not limited such factors as violence,chaos,noisy,benefit,communication.Secondly,summed up in one sentence,we can find that Nao-culture is social struggle to reach the ideal society,which can be called a mass social movement,trying to approach the goal which everyone will be treated as a citizen,not as a slave,that is to say,everyone is created equal,human can be treated as human.The behavior of Nao challenged the traditional social structure,which threat the traditional legal system.Maybe we can draw a conclusion that the behavior of Nao can put the traditional society forward to the modern civil society which is figured as finishing the great change“from the status to the contract".The whole paper has a central topic which may be described that the article mainly explains the ancient meaning of Nao,certainly established in the traditional culture background,we can find that the Chinese character Nao is made of two parts,one is Shi(city),the other is Dou(struggle).In traditional Chinese society,there is a strong hostile feeling to Shi and Dou,the government and the people looked them as shames or sins.So Nao always is negative figure in the Chinese history.When Nao becomes self-help remedy,the society and the government often hate this behavior.The main contents includes six parts that can be organized six chapters.Chapter one:the birth of the Chinese character Nao,this chapter starts from the analysis of the Chinese character,introduce the history of Nao,explain the culture background,and mention a complex legal question about Nao culture.We can find that Nao culture and traditional legal culture influenced each other in the long history,Nao is not only a social problem,but also a legal question,not only a historical question,but also a present question.Chapter two:the analysis of legal theory,concretely include the opinion of observing Nao behavior,sometimes,we can find that Nao is a kind of social resource to reach rule of law,but it can be shortcoming to realize rule of law.So,it becomes a dilemma in Chinese traditional society,in this part,the author summery two important character of Nao,the first is violence,when disputes come,one party will threat the other party to get his aim through the force;the second is direct action,due progress,judge,the third party will be thrown out,in fact,they act as their justice for themselves.Chapter three:in traditional private society,we can find lots of cases about Nao,they are two types,one appears among relatives,the other appears between citizens,these private cases show that the people in the past looked forward to their means to resolve their disputes,they chosen self-help remedy instead of judicial remedy.Chapter four:from the public law,we can find kinds of cases about public power,the clients challenged the traditional social order,challenged the governmental authority,evenly they threat the emperor through suicide to reach their ends.Chapter five:in this part,we understand that marketplace is the most important factor,Nao is from market,not only as Chinese character,but also as social mass culture,the city is called Nao shi in China.At the same time,new dynasty always established on Nao.Chapter six:reflection on the violence,force,power,government,and traditional judicial remedy.We can conclude that Nao is positive to rule of law,it can supply liberty,equality,reason,and fair feeling.But,it can destroy the whole order of society,so we should take Nao seriously.Nao is not a simple character problem,but a literature and culture problem,at the same time,we can say that Nao is an important civilization question about rule of law.When we think it over and over,this issue may tell us that if we want to reach our goal,we should throw of violence,worship of power,obedience,and make us stronger in spirit,respect the market,respect the contract,respect all the people.