The Mode Of Chinese Traditional Thinking And Construction Of Modern Society Governed By Law

The mode of Chinese traditional thinking is the spiritual kernel of Chinese nation's culture and is the unique mode of thinking in the world. It is with such characteristics as experience and intuition, entirety, ethic, practicability, dialectics and so on, and it is precisely this kind of mode of traditional thinking which determines the unique style of the Chinese culture. Forming of the mode of Chinese traditional thinking has its particular historical conditions, and the comprehensive function of reasons in many aspects such as the unique natural and geographical environment in ancient times in China, the ripe mode of agricultural production, the peculiar system of words and phrases, the political system of autocratic monarchy, and other cultural factors, determines the trend of Chinese traditional thinking, and makes it demonstrate the thinking inclination different from that of westerners. Such mode of thinking exerted an important influence on ancient legal culture of China, and made Chinese legal genealogy form such characteristics as the morality of law, specification of legal rules, the standard of group of the law, the utilization of the law, etc.Since modern times, as the western countries invaded in China and civilized rule of law was introduced, China had begun the course of the reform of legal systems. This brought great assault to the mode of Chinese traditional thinking. Moreover, the construction of modern rule of law that our country carries on now requires a new mode of thinking to replace the mode of traditional thinking. But it is still influencing, even arranging psychology and behavior of people, and it is clearing up, even twisting the pursuit of the aspect of state systems in practice of law quietly because the original reasons why it exists has not been totally dispelled yet, in addition, with its super strong stability. This is the deep reason why our country still fails to build up a modern society governed by law although the process of constructing modern rule of law has been going through over one hundred years.The connotation of China's traditional thinking is quite abundant. Undeniable, factors that hinder the construction of modern rule of law in our country exist in it. However, it contents historical intelligence beneficial to present construction of ruling of law too. So, we must appraise the mode of Chinese traditional thinking in an all-round way, correctly. On one hand, we should explore and utilize the compositions helpful to construction of modern society governed by law in the mode of traditional thinking; On the other hand, we should transform and dispel factors with adverse effect on construction of modern society governed by law in it, and create a new mode of thinking and intelligence which meet the need of construction of modern society governed by law in our country.