Modern China Inherent Law And Integration Following The Law

Starting from Opium War, Chinese society begun to spending a Modern times-rization course. Modernization of China's legal system is intertwined with the process and the impact of Western law and culture,explore and reflect of countless people in the legal profession , deep change happened in inherent tradition legal system in acute law culture conflicting process. Chinese legal institutions modern times-rization , was a process that the tradition law culture met challenge, and realized creativeness changes in the integrating process. Since reform and opening up, with the restoration of the rule of law and in-depth study,it become a new topic to perspective and re-evaluation the reflection of contemporary legal system , Many scholars increasingly recognize its unique position and give new evaluation. But the article mostly focused on the modernization of the civil law in this area, the thesis is fresh to discuss the Modern times-rization—this particular historical periods that full of conflict and explore from the perspective of integration between the indigenous law and the derivative law.In this paper, based on the social reality in modern China, keep pace with the entry point, that the integration of mordern chinese between the indigenous law and the derivative law. The various angle sets off from law science of history ,Sociology of Law, Comparative jurisprudence and integrated various research methods use of historical data analysis, empirical analysis, comparative analysis, to analysis the conflict and contradictions of the integration process ,evaluation of the merits of gains and losses of the integrate process, and through China, Japan the rule of law in modern times,then give on the comparison, Believe that would bring about a few enlightenments to the current rule by law construction.Three major part compose the main body of the paper. Part I is two section , sets up society status to the modern times from the inside factor and the outside challenge, provided background for the following discussion. Part II mark of three knot in total, the condition reforming three big aspect, summarization and analytical has been carried out on integrating circumstances between the indigenous law and the derivative law, from law concept turn around , a legal system reconstruction ,regime of law innovation. That Part III is two section mark, be on the Part II basis first,that the condition has made a total valuation to the integrating between the indigenous law and the derivative law combining with the Japan modern times; secondly is the introspection of this process , "integrates" should set off from national conditions, "integrate" is a process to develop what is useful and discard what is not, "integrate" needing the law occupation group ,"integrate" being a long range society changes process.