On Confucian Cultural Tradition And Socialist Rule Of Laws With Chinese Characteristics

Globalization in Economy did not lead to globalization in cultures, on the contrary, possibly it has to some extent led to conflicts in cultures and recognition of national culture. In process of such cultures' conflicting and multiplicity, the governing culture of Chinese traditional cultures- Confucian culture, was in one hand severely criticized as the opposition to modernization. Confucian culture was thought by some people to be lack of modernization factors, and because modernization could not be created by and within itself, while in the conflict with the western cultures, Confucian culture is challenged not only in surface of historicallinks but also in the depth of value aspect. The traditional Confucian culture failed to lead China to a rich and strong country in neoteric history, as a result, China was humiliated and the ideal of its culture was not realized in the real life. The deep-seated axiology of traditional Confucian culture was in great conflict with such principles as liberty, democracy and Rule of Laws which are needed by modern society. On the other hand, as the west went into the times of post-industry, sinceliberalism ? the fundamentals of western culture? brought as its side-effectsome kinds of disease to modern society, a colony of new liberalists tried to find in the traditional Confucian culture something to cure those kinds of disease, thus traditional Confucian culture was thought to contain some post-modern factors.Rule of Laws, the outcome of modernization, which was in use as one of the tools rationally optioned to get away from the rattrap which Confucian culture encountered, is now in a dilemma of whether to disserve its relation with the tradition or to envisage the tradition. After analyzing the law making experiences in late QingDynasty and the experiences of Rule of laws of southern east Asian countries,the author further analyzed the relationship between tradition and modernization by opining that modernization and tradition is interacted rather than disserved from each other, any modernization movements, no matter in which national it happens and no matter whether it is intended, will have to stand on its own tradition, while denying of its tradition will lead the country to the risk of disorganization of its social structure. The Author thus concluded that, with the same basic principle ofRule of Laws, communities with different cultural background can develop in different mode of Rule of Laws, in other words,Rule of Laws is also a movement pushed by multiple factors.On the basis of the above conclusion concerning the multi-factoringRule of Laws, the author analyzed the realistic foundations on which Chinawill be constructed into a state of Rule of Laws, which are its cultural traditions, fundamental situation of the country and its social ideal. The author thus reckoned that laws are playing their role on the basis of culturaltradition by adjusting the social reality and the social ideal,and furtherput forward that the socialist Rule of Laws with Chinese Characteristics,though on precondition of the same basic principle ? protection of personal liberty and restriction of state's power, bears sharp-cut features of its owner, which are harmonious value seeking, reciprocity of Rule of Laws and Government by Morality, and collectivistic idea. The differencesof the above conceptions from the similar traditional conceptions were figured out accordingly.As the final conclusion, the author held that the socialist Rule of Lawswith Chinese Characteristics could be realized by the following efforts: taking as criterion the principle of socialist Rule of Laws with Chinese Characteristics, overcoming the disadvantageous factors in the cultural tradition, utilizing the advantageous factors in cultural tradition, using for reference the modernization factors in other civilization, digging for useful resources in t...