On The Modernization Of Traditional Chinese Legal Culture

Chinese traditional legal culture has a long-term history, in its two thousand years of development has created the splendid Chinese Legal System. With the development of traditional Chinese legal culture for the existence of economic and political foundation have disappeared from the whole can no longer support the modernization of China's legal system. To make a new life of traditional Chinese legal culture, we need to modernize them, to criticize its absorption. This article needs to be starting from this, in the traditional Chinese legal culture and legal system on the basis of modern analysis, propose ways to transform the traditional Chinese legal culture of the base path, so look forward to building a modern legal culture in China provide a useful exploration.This issue is divided into three chapters, in the first chapter, first the concept of culture and legal culture are discussed in the analysis put forward by Chinese and foreign scholars on the basis of the concept of culture concluded that:Because of the generalized concept of culture and complexity, simple The description is not cover all the cultural connotation. I tried to approach the abstract philosophical concepts of cultural understanding will be summarized in general, the meaning of a narrow view of three different cultures, the meaning of culture in the hope to have a more comprehensive understanding. In determining the basis of the concept of culture to start the analysis of legal culture, and concluded:legal culture but in the long legal practice, human beings created in the consciousness of the law, legal ideology, legal system and legal infrastructure and a series of results combined. The second section of this chapter, the traditional Chinese legal culture are described, the first of the traditional Chinese legal culture of the beginning and ending time, and the legal culture of traditional Chinese values and characteristics are described in detail. Of this section through to the traditional Chinese legal culture of a basic and clear understanding.In the second chapter focusing on China's traditional culture and modernization of legal issues discussed. Modernization and the legal system in the analysis based on the content modernization of traditional Chinese legal culture that the modernization of the legal system has both positive and negative role. Expounded in the positive role of traditional Chinese legal culture for the possibility of transformation is proposed based on the traditional Chinese legal culture based on natural economy of feudalism, and in general, it can not adapt to the modernization of China's legal system, but in China traditional legal culture has many progressive, modern factors, will make good use of those made in the modernization of the legal system a multiplier effect. In addition, because we can not completely cut off with the traditional, so it has become traditional legal culture of China to modernize a factor. Traditional Legal Culture in the analysis of the negative effects of modernization of the legal system after the proposed:It is precisely because the traditional legal culture, such as patriarchal ideology, privilege ideas, thoughts, etc. The level of modernization of the legal system is not conducive to the existence of factors, coupled with our current a certain extent, the legal system derived from the transplant, which has to a certain extent, caused by a more advanced system is lagging behind with the cultural conflict. In view of this, the law on traditional Chinese culture is based on the transformation imperative. Through the modernization of traditional legal culture, making it able to support the modernization of China's legal system the legal culture of advancedThis last chapter focuses on how to modernize traditional Chinese legal culture transformation of the problem, hoping to achieve the modernization of traditional Chinese legal culture to provide a viable path to reform. This chapter presented based on the previous paper on the modernization of traditional Chinese culture, the transformation of the law to adhere to the traditional Chinese legal culture as the main body, carry forward the traditional legal culture of positive factors, but also advanced western and borrowing, the outstanding cultural achievements of the law, based on national conditions of China, from reality to create a modern legal culture in China...