Font Size: a A A

Comparison Of The Development Of The Human Spirit And Western France

Posted on:2009-02-05Degree:MasterType:Thesis
Country:ChinaCandidate:L P CaiFull Text:PDF
GTID:2206360248451200Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The traditional Chinese humanistic ideas rose along with Shang Dynasty destruction and the establishment of the Zhou dynasty.The ideas which thinking much of people of Western Zhou Dynasty were flourish by Confucian and other Ancient Chinese Classics in the Spring and Autumn Period and Warring States Period, and formed a strong connotation of Chinese Humanism Spirit. School generations of the Pre-Qin, pushed people to the highest position During the late Ming and early Qing Dynasty, with the tremendous socio-economic changes in China's history, with just a budding capitalist production relations to a new phase of thinking, there has been an upsurge of humanistic ideas. At this time the "three people" theory of the community ideological trend for the further development of capitalism sprouting played a role in the Enlightenment, Laid the foundation for the social, economic and political transformation. However, the closed door of the Qing Dynasty history of this policy cut off the development process.Whether a spiritual level or system level, Western civilization has evolved forward gradually with the value of the person found and the Western Humanism Spirit was formed during the discovery of the value of the person . Puluotaigela represented by the ancient Greek sage Wise Shool studied from the natural and the "god" to the human and social. Western real "people found" from the Renaissance Movement, and its logo is the formation of humanism contending with "God-centered". West of the 18th century large-scale outbreak of the Enlightenment is the second ideological emancipation movement following the "Renaissance" .First of all the achievements of the Enlightenment is that it established a rational, and secondly is the Humanism Spirit was specific and systematic.Law and The Humanism Spirit of the relationship is undoubtedly strong. Origin is the Humanism Spirit, law is the derivative, and the formation of any law always rely on the support of particular The Humanism Spirit. Therefore, The Humanism Spirit also laid a rational basis of constitutionality. The law not only reflect on the ultimate care, but also to the Humanism Spirit of "feedback" meaning that gave birth to new The Humanism Spirit.The development of Western legal theory and system are derived from understanding and caring the meaning and value of life . From the needs of the people, Puluotaigela represented by the ancient Greek sage Wise Shool supposed the legal justice and equality; Socrates created a rational legal concept. The statement of Plato's "laws" also shows that he finally accepted constitutionality in his old age. With the beginning of the Renaissance Movement, some broadly similar to the relevant laws of the new concept has emerged. In the 18th century, rationalism advocated by the Enlightenment made the people accept classical natural law based on Humanism. The emerging bourgeoisie form Enlightenment Movement accepted the classical natural law thinking to a large extent, and thus formed a set of the law, values, principles and systems of the rational. They created a variety of constitutionality models on the basis of these concepts and principles.Considering the respect for human and people-oriented, there are certain similarity between Chinese Humanism Spirit and western. Pre-Qin Dynasty Confucian the pursuit of the civilized order non-legal wish for maintaining a non-mandatory social organization. Such attention to the inner spirit, adjusting and balancing social order and personal inner desire ideas permeated irresistibly the political practice. Especially in the Confucian doctrine was established as orthodox thinking, China has always been the traditional building of the legal system followed the basic viewpoints of Confucianism, the traditional legal process of development glistened with the radiance of Humanism.But we should also see that although the Chinese Humanism Spirit and the Western Humanism Spirit always center for the people similarly, but China cared content of emotion and will, so it can not show the main independent or intellectual capacity to understand, failure to develop Western rationalism. One hand, China attached importance to the Humanism Spirit of concentric and the people's will, focused on the inherent virtue of people at the same time ignored the external forms; On the other hand, Chinese people of Humanism Spirit cared abstract personality rather than specific groups individual personality. It can be said that China did not appear constitutionality before modern times to protect freedom,human rights , this is closely related to the traditional Humanism Spirit. We understandd that even the traditional Humanism Spirit is difficult to hatch entities and constitutionality, at the same time it provides an important clue searching reasons for difference of ancient and modern of Chinese and Western legal systems for.With the outbreak of the Opium War, China gradually forced to open the door to the West. On the face of critical situation, some people with lofty ideals put in a lot of effort to seeked to the road of saving national crisis . With the advanced system in China's rapid spread, Chinese community was not brought constitutionality, democracy and science, only conflicting between traditional spirit and the spirit of modern dramatic. To a certain extent, reason of this failure is that it just concerned advanced western law, the democratic system itself, has failed to pay sufficient attention to the inherent spirit behind creating these advanced systems , so that the external system lost their proper spiritual support. In the beginning of the construction of constitutionality, the introduction and transplanting of a large number of Western "advanced " legal system, excessive respect and dependence on Utopian thinking , and had the strong impact on traditional "will of the ruling class" and the "tool" , constitutionality in China still did not find sufficient to generate the foundation ,has yet to shake off a "rootless" culture dilemma.Remodeling of the Humanism Spirit of constitutionality promoted the process of China's development and the constract of socialist democracy is of great significance and far-reaching affect. Western Humanism Spirit of constitutionality gave birth to modern Western civilization, and it has great progress now, which is the force we can introduct Western Humanism Spirit successfully and effectively.The traditional Chinese Humanism Spirit as a mental force of the Chinese nation , there are inherent logic between today's civilized society and former. In the search for mental resources of constitutionality in today , we need to address traditional The Humanism Spirit. Screening, extraction and transformation of traditional Humanism Spirit is the only way to modernization, especially the use of reasonable methods to"creative transformation"and the reconstruction of contemporary people traditional Humanism Spirit, can be transformed into a modern sense, and become a precious resource thinking of constitutionality construct.Urbanization is an important part of social development and trends. In the China's urbanization process, appears many new social problems and new social issues and formed a number of new social relations, and put forward many new requirements to our country constitutionality. Constitutionality has and must has a inherent spirit which including The Humanism Spirit and Humanism Care .This is the lifeline of constitutionality. Time is now building constitutionalityshould always caring, respect, the protection of the people as the starting point and end point, and this Humanism Spirit, Humanism care must be protected by the legal system. Belief in the legal culture in the process of urbanization plays a vital role.The existing household registration system in urban and rural areas has built a wall between, no rural-to-urban migration and urban population of the two-way migration, urbanization will be a pool of stagnant water, can not advance. Household registration reform is not only relates to break the limits of urban and rural areas is more important to safeguard the citizen's right to equality, personal rights and other legitimate rights and interests of unrestricted and violations.Democracy is the basis of the realities of the independent existence of private interests. Only then will citizens through various ways and means of expression and maintain their own interests, there will be enthusiastic and positive attitude of participation in national life and social life. Therefore, the protection of private property rights for the citizens of autonomy and self-government created the citizens is essential. "Property Law" is to identify property, the use of property and the basic legal protection of property. And so we have to concerned about the public interest and private property exists between conflict resolution.In the modern country of rule of law, civil and political participation in the political rights and freedoms, broad participation in the country's political life has become a modern democracy a major bright spot. Since reform and opening up, China's public participation in public decision-making institution-building has made considerable progress. China's future participation in the public policy should be based on a system of mechanisms for the participation of leading the "citizen participation" Mechanism.In this paper, using the Western Humanism Spirit and the way compared to the Humanism Spirit of the history of the development process of the main line, China and France to the Humanism Spirit of focusing on the development process, focusing on analysis of China's traditional Spirit of Western humanism and the spirit of building the role of constitutionalityand the significance of China today to seek support of the city, has rich connotations and the Humanism Spirit of constitutionalityin the road. The full text is divided into three parts:Part I: "Humanism Spirit of the law complex." Focuses on the Humanism Spirit of the Chinese origin and development, pointed out that law and the development of the Humanism Spirit in the process of fusion. Part II: "return to the rational needs of moving toward integration." First of traditional Chinese Humanism Spirit of constitutionality is not conducive to the building of two aspects, Xier Modern China's national crisis began describing Western Humanism Spirit to the integration process and the direction of development. Part III: "The times call for The Humanism Spirit of law." Analysis in China today in the city of how the human Spirit perfusion method in the construction of the rule of law, and from the household registration reform, the protection of private property of citizens and civic participation in politics is now three times constitutionality outlined in the display of the Spirit of the humanities.
Keywords/Search Tags:The Humanism Spirit, Constitutionality, Rationality, Urbanization
PDF Full Text Request
Related items