Natural Law's Role In The Formation Of The Western Concept Of Law And The Enlightenment Of The Chinese Rule Of Law

The opening passages of the dissertation are devoted to the exposition of the development of the western law of nature on ancient times, Middle Ages, modern and contemporary times. Then follows the elaboration of the function of law of nature in the formation of the principles of western rule of law, such as reason, justice, right and rule of law, etc. Hence comes the conclusion that the law of nature is the theoretical founda- tion of the principles of western rule of law. Whereas the idea that the theories of Taoists and Confucianists are hinese Law of Nature is refuted. The author of the dissertation proposes that there is no the law of nature at all in the history of Chinese law; and the law of nature cannot be perceives as the origin of the traditional Chinese law principles. The traditional Chinese law principles, which come into being under the control of orthodox Confucian law concepts, are expounded as well, with the belief that these traditional law concepts on the whole are backward, they hinder the construction of Chinese rule up law, and hence become the impediment during the process. Furthermore the author analyzes the present popular theory of ative Resources of the Rule of Law and indicates that neither the theory of Legalists, nor various non formal systems in actual social life, which are advocated by the supporters of the referred theory, is the native resources of the rule of law: Therefore, as far as the rule of law itself is concerned, we have no native resources to pride on . The author holds that the law of nature, which has made great contribution to the formation of the principles of western rule of law, has never existed in Chines law. Accordingly law principles derived from the law of nature gets no possibility to come into being and develop in China, where the Con- fucian law concepts dominate; and the aw the Supreme principles cannot be perceivedand inherited in the soil of Chinese law culture, which lacks corresPOnding gene. Princi-ples of the ru1e of law is the guide of construction of the rule of law. In the actual process,lack of such principles is the biggest liability. Therefore principles of the rule of 1aw mustbe cultivated and spread fOr the establishment of the ideal nation ruled by law.