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On The Main Body Of The Law Of Faith Generated

Posted on:2005-07-09Degree:MasterType:Thesis
Country:ChinaCandidate:Y X ZhangFull Text:PDF
GTID:2206360125951877Subject:Jurisprudence
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Mainly with the view angle of "the finding of individual" in the Western society, the article holds that the Western society has experienced from religious belief to legal belief and "the finding of individual" gone through it. This has a very great revelation to China's construction of legal belief.Because religion is a very important culture factor and religious belief is legal belief's spiritual background, the article's discussion begins from the "religion and belief" and stresses that belief is the organic unity of subject's heart sureness and behavior model, especially subject's statue and subject's self-sensation and self-awareness.The article's second part is "the Western society's course of "individual's finding" and legal belief. Firstly, I discuss the seeds of individual's independence, autonomy awareness in Judaism and early Christianity. Then, human being have true independence, autonomy awareness and right awareness after experiencing the Renaissance, the Reformation and modern ideological of liberalism. This is the course of "individual's finding", human being's reason is gradually awakening and ripe, human being's faith to reason is raising, law gains independence from "God's inspiration" and becomes important rule System to regulate social relationship. And law begins to bear human being's ultimate value pursue. With the "discovery of human being", legal belief undergoes three stages: legal belief and religious belief's confusion, legal belief and religious belief's gradually separation, "legal belief and religious belief's severance. Finally, legal belief turns into independent bel ief form and stands side by side with religious belief.The article's third part is "construction of legal belief in Chinese society". If China want to realize rule of law, its key is legal belief, but China have not legal belief at present. Firstly, I analyze the causes of China's lack legal belief. Secondly, I hold that we must pay close attention to the belief's subject, that is human being, and this is the essential prerequisite to construct legal belief in China. China should experience a course of "individual's finding", too. That is "enlightenment" of human being. In fact, China had a "enlightenment" in modern history, but it was not fulfilled since the tense situation at that time. Then, China is being in peace now, we ought to continue the "enlightenment", continue to excavate the power of human being. Certainly, "enlightenment" must be in our own religion spirit and culture tradition. Thirdly, I think that Chinese legal belief construction's actual job is to cultivate the social public's rule awareness and participation awareness. Finally, I deem that the key to construct Chinese legal belief is to cultivate the pious feeling to law of the social public and this is the expression of legal belief.In a word, I hold that the most important, difficult and longest is human being's "enlightenment". Human being's enlightenment's success or failure concerns the legal belief's final establishment. So, it is this article's focus. The construction of legal belief, form of rule of law's spirit needs innumerable people's unselfish labor. But regardless of difficulties, we have begun.
Keywords/Search Tags:Generated
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