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The Development Of Contemporary Chinese Rule Of Law And Local Legal Culture

Posted on:2009-05-25Degree:MasterType:Thesis
Country:ChinaCandidate:L N JiangFull Text:PDF
GTID:2166360275450874Subject:Marxist theory and ideological and political education
Abstract/Summary:PDF Full Text Request
15th CPC National Congress report of the "rule of law and building a socialist country ruled by law." The rule of law and order in constructing the rule of law has become an aim of our party,government and the people throughout the country.The basic concept of the rule of law is the law on the adjustment of social relations in the enjoyment of the highest status;treat the law as the main means in the adjustment of basic social relations.People are equal before the law,and it protects human rights and freedom.The concept of the rule of law in China imports from the West.To introduce the rule of law in Western,countries have experienced the process from the origin to improve.We have to start from the rule of law in the West to correctly understand the rule of law.In this paper starts from the origin of the rule of law in the West to the Western capitalist countries in the course of development of the rule of law.In this paper, based on the logic of historical development,the development of the rule of law in China is divided into three parts:the start of legal system,the destroy of rule of law and the rule of law.It analysis the traditional culture of law with a combination of etiquette and law,morality-based and law-supplemented,people-oriented and ashamed of litigation,and legal culture of the modern transition.It pointed out that originated from the traditional legal culture of people-oriented,rule by law and moral,the thought of harmony will promote the rule of law.Democracy and the rule of law is not only a description of a harmonious society,but also the ultimate goal and pursuit of value of the harmonious society.And the rule of law is generally understood as the concept of freedom,equality,democracy and the concept of constraint ion to the government's and other public power to protect human rights, use the law as the principal means to govern the country and in the field of social control and adjustment.In China,we must not only concerned about the legal system construction,more importantly,we must pay attention to ideological and cultural aspects of the legal culture,and to build a country ruled by law,in addition to transplant Western legal system,to a greater extent,can not be separated from China for the excellent traditional culture of the law of inheritance,development and transformation,so that China's rule of law the aim to achieve success of Socialist country ruled by law will become true as soon as possible.
Keywords/Search Tags:Development of rule of law, Country under the rule of law, Legal transplantation, Local legal culture
PDF Full Text Request
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