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The Etiquette Of The Ancient Confluence Of "revelation Of The Perfect Contemporary Legal Construction

Posted on:2011-12-30Degree:MasterType:Thesis
Country:ChinaCandidate:J ChenFull Text:PDF
GTID:2206360305986115Subject:Basic principles of Marxism
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Ancient China have a very unique phenomenon of" The unity of moral and legal "."The moral infiltrate into the law " After a very long and arduous process,In the end forming a "unity of moral and legal". It rulers of ancient China a unique way of governing the country.This feature, resulting in ancient China can not differentiate between morality and law.And family law also included the country's legal system.It produced the ancient distinction between the executive and the judiciary. It can not attach importance to criminal contempt and the characteristics of the people.This feature has also deeply affected today.We want to correctly view with this phenomenon.We must deeply understand the understanding of this phenomenon.The most important thing is to find the useful things, and used for today.First of all, we must start from the past. Ancient Chinese society in the country and the legal system, rule of law and morality are two common methods that we used.In dealing with the relationship between morality and law,It is the heavy moral instead legal contempt.Result in that era, the law is to maintain authoritarian rule, were not fulfilling their purpose of justice and fairness.This is a time limitation.Come to the conclusion not to deny the "moral" role, because human civilization can not develop without ethics, but that their predecessors did not handle the relationship between them.Looking from today, the supremacy of law is the basic concept of rule of law.The law is the rule of law because people is the master, self-rule and an effective means of management.It reflects the common will of the masses.Long-term fundamental interests of the people with the current interests, individual interests and collective interests, local interests and to make appropriate judgments between the overall interests, measurement and coordination. We should fully respect, protect and promote human rights, the formation of order, efficiency and real social justice Trinity.This ancient law is to protect the interests of the ruling class and the level of privilege which is very different.Morality is an important aspect of spiritual civilization. Virtue is the modern meaning of moral values to guide people's consciousness, from the ideological to establish law-abiding people, protect the law and the concept of law enforcement, rule of law to provide for the moral consciousness of the conditions.To combine the rule of law and virtue, to give full play to the role of governing the country.People to learn from the past, today the country and the legal system, in order to not give up ethics, straighten it and the legal position.The process of the present study, the use of the access to information, questionnaires, expert advice and other ways to obtain information, And I use the theory of law, legal history, history, Chinese culture and other related theories elaborated on behalf of the Chinese state. "The unity of moral and legal "The social background, in this based on the analysis and conclusions, and how to improve the legal system of contemporary China put forward its own proposals.Such as: how to deal with legal and moral relationship betweenthem.Enable them to govern the country and social stability in the play to its functions,The key is to modernize our legal system.Only by correctly handling the relationship between law and ethics will help us to modernize the legal system.This is the conclusion we will find.
Keywords/Search Tags:Legal System in Ancient China, Unity of moral and legal, The rule by law the rule by virtue, The rule of people, The spirit of the civil service
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