Right Consciousness In The Legal Modernization

Ideology of modernization in the process of China's legal modernization plays a catalytic role. The traditional legal concepts will be deformed, when the traditional legal concepts is stroked by the new concept, and can't be assimilated and absorbed by the new. This process of re-integration between the traditional legal concepts and the new legal concept is the modernization of legal ideology. The modernization of legal ideology is based on the market economy and democratic constitution. We can say that the traditional legal ideology is the starting point for the modern legal ideology. However, because of the different historical conditions and environment, the different countries have the different way of modernization of legal ideology. China's modernization of the legal ideology is belong to the mixed-mode. To China, foreign culture has played a catalytic role.China's market economy development, the transition of social structure and the transformation of the legal system is an interrelated whole, this process requires a corresponding change in the legal sense. Family is the smallest unit of social, and family stability is a direct bearing on social stability, and further affect the pace of modernization. There is no doubt that Marriage and Family Law is playing an important role in legal modernization. On the other hand, Marriage and Family Law show many traditional elements, through the study of transform of Marriage and Family Law, we can get the process of modernization in legal ideology. This paper describes the transform of Marriage and Family Law, and is trying to sort out the legal modernization in China.