The Traditional Law Culture And The Construction Of Rule Of Law

There have been a lot of researches on the relationship between the traditional law culture and the construction of rule of law. Although all the opinions are not same, they are developed under the dual narrative framework between the traditional and the modern. the West and the Orient. The absolutism of culture and the determinism of economy are still prevalent. Among the three roots of the present law culture of China, a definite distinction between the tradition of rule by the Party and the traditional law culture hasn't been drawn by the researchers. Affected by the modern narratives which are characterized by universalism .grand narratives and linear time, the traditional law culture of China has been fringed and dwarfed for a long time. Many typified generalizations about the traditional law culture have been impressing, and faced with the dilemma of the construction of the rule of law, the negative effect of the traditional law culture has been frequently regarded as the cardinal factor hindering the process of the construction of law. Through the analysis of some concrete cases, the character of the modern narratives can be embodied vividly. In order to break the rigid mode of the modern narratives, it is necessary to introduce some thought resources of the postmodernism and postcolonialism. In the realm of the traditional law culture, if we use for reference some viewpoints of the postmodernism such as the criticism of the concept regarding the West as the center. the concern about the social others and the history theory of knowledge, it will be helpful for us to continuously introspect our standpoint and broaden the perspective of research so as to reexamine the relationship between the traditional law culture and the construction of rule of law. In brief, among those factors which contain the construction of the rule of law, culture is one aspect, and the real social economic circumstances the other. As far as the cultural factor is concerned, we should not only analyze the negative effect of the traditional law culture, but also notice the consequence resulting from the devastation aiming at the flower of the traditional law culture for about one hundred years and notice the inward defect and profound crisis of the western law culture.