Exploration Of The Conditionality Of Moral And Culture In China's Legal Construction

About "human" academic research can be traced back to the 1980s, Taiwan scholars started the theoretical explored in depth at first. With the prosperity of our market economy and the development of political and cultural diversity, foreign culture and indigenous culture is conflict and communication, the research of "human" got into a low ebb in the last century after the 1990s.In the new century, the merge and contradiction between the Chinese traditional culture and foreign cultures gave rise to the scholar's interest and concern, triggered a round of academic learning. So far, there's few scholars put the"Human Doctrine"directly to the Legal construction, and took the both as subject to do further research. The high-level academic data comparison is scarce, it is also one of the difficulties in the process of writing this thesis. The legal system in China is still struggling, the process of building the legal system lags behind the progress in social development, identify their deep-seated reasons is that in many aspects some negative factors of traditional moral culture always condition the smooth construction of the legal system at any times.This article is composed of three major parts, the introduction, the main text (altogether three chapters), and the conclusion. In this paper, take the nation's ethnic and cultural as the starting point, to be the discussions of"Human Doctrine"and the conditionality to the Legal construction. Part one, review the erosion of morality in the process of China's legal, and to find the all kinds of the sign. On this basis, at the second part of the article proposed that in the various negative factors of Ethical culture, "human doctrine " is the biggest persistent ailment of China's legal system, and analysis on the major forms of " human doctrine " in the social life, relation, comrade in arms, townee, schoolmate and friendship, and how to take place check and supervision to Legal construction. At the third part, furthermore put forward that during the social transformation, only to maintain the stability of social lifestyle, but also put forward the specific theoretical method and practical measures to propel the modern legal process effectively. At last get the conclusion, that the transition on the conflict is a lengthy process, need for the builders make progress, steep to the gist of spirits of democracy and legal. We must find and expand valid measure, initiate the new situation of conquering "human doctrine ".