| We shall run the country according to law finally, for which has been written into the constitution, this is a very great historical progress. In fact, the process of transition from the society of ruling by men to ruling by law is exactly the course of modernization of legal system society. Its basic value orientation is to help the citizens to establish the ideology of believing in the law, respecting the law and establishing the highest legal system concept of the law.To realize the modernization of law, we must pay close attention to history, because our today's living environment is the result of all history acted on together, to know today, the past cannot be forgotten, so is the future.Through the perspective of the historical phenomenon, we have found the greatest secret of China's social relationships in thousands of years: ruling by men. If show with a brief formula to this governance mode, that is Men-Law-Men: The monarch was standing on the top issues order, which was carried out by the big and small government officials at all levels, while the common people were the objects that the law implemented forever, awarded or punished by it.Under the governance mode of ruling by men, power controls the law and the law obeys power, adding the specific historical environment in ancient times, the Chinese law department formed the legal system tradition of the following distinctness:1, The emperor forms Law, power is superior to law2, Value punishment more than people, unit all kinds of law3, The rule is fair, rights are unequal4, Family orientated, ethics rule by law5, Introduce the etiquette to law, combine them6, Respect the Heaven's Law, enforce the law depending on the human relationship.Furthermore, the above tradition is a tight whole of coordinating, forming and supplementing, they all serve governance mode of ruling by men finally.The forming of the traditional Chinese law is not accidental definitely, butthere is its historical necessity. Among them, the close geography and humane environment is its natural conditions foundation, small-scale peasant economy is its economic base, the identity relation taking social estate system of the patriarchal clan system, as characteristic is its social relationships foundation. So basically ancient China did not possess the situation of ruling by law from the modern viewpoint.China had once been a brilliant agricultural ancient country of civilization, but fell behind in the modern society. Why? The different levels of the society, from the advanced representatives of the feudal landlord class in early days to "Westernization" Group, from Reformists Group of capitalist class to the Revolutionary Group, concentrate simultaneously on the traditional politics and law system and on the modern issue of destiny, going through a reform period of twists, frustration and agony. The main sign of the transition of Chinese law lies in the destruction of traditional Chinese law system and the establishing of Chinese Continent law system; Chinese law from then on gets rid of the isolated state, and links up with the development of the law of the world. The essence of this process is discarding the traditional legal system and establishing the new legal system with modern significance on the basis of absorbing the western legal theory and legal principle. As regards time, the modernization of Chinese law began at the reform of the legal system in the latter stage of Qing Dynasty, and ended in the establishment of" six laws system " of national government of Nanjing. Because it fits with the trends of the world historical development and is welcomed by all the people, it is full of vitality and has positive meanings and any obstinate group or individual cannot prevent it. In addition, it has accumulated extremely valuable experience for the modernization of our law.If "the modern transition of law" that our forefathers have finished with hardships and difficulties is called to introduce modern " legal system ", then the " legal system modernization that... |
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