The Influence Of Confucianism On Chinese Legal Construction

The law is done for the concrete social fact, is one kind of the social norm, have inalienable relations to the affiliated social cultural environment. In the course of development of Chinese law, Confucianism is occupying the leading position, and is influencing the construction governed by law of China of today deeply. This text thinks that treating traditional culture should be a attitude of a choice, its standard is progress which helps the society and accords with the national conditions. We should abandon the dross included in Confucianism, the scientific summary and valuable factor of absorption at the same time, insist on combination of running the country according to law and running the country with morality, open the construction governed by law with characteristic of Chinese.This text is divided into four parts. First part It is Confucianism outline. Second part It is a basic idea governed by law. The third part Introduce the production and development of the Confucianists for the impact on construction governed by law of our country of Confucianism and thinking. The fourth part In order to abandon the dross, develop quintessence , open the construction governed by law with characteristic of Chinese.Firstly This text carries on research about production the Confucianists legal traditional theory, origin of thought and law of the Confucianists in the Confucianists. Secondly it has summarized the basic idea governed by law, has included the origin , intension , basic key element and principle governed by law governed by law governed by law. Then it explains Confucianism " rule " " human nature is kind " theory's negative influence to today's law, and expresses the value the current society, of the thought "governed by Etiquette " "and "governed by virtue " in Confucianism, finally in today's construction governed by law , we should stop to rule by men , set up with the idea of restricting power of the legal system, overcome the evil social practices suffused with the morals doctrine, define the morals range which guides the law rationally, the ones that overcame personality attached to.