The Cultural Perspective Of Contemporary Chinese Legal System Modernization

The modernization of legal system is a process of choosing the society legalculture resources in fact, so we can say that legal culture is a decisive factor in theprocess of legal modernization. The modernization of legal system in China isexperiencing the transformation process from the traditional rule of man society to themodern society of ruling by law. On one hand, Chinese traditional legal culture has along history, which with unique value and quality characteristic, these produce aprofound influence on the construction of the socialist legal system at present. On theother hand, how to keep the stability of developing countries in the pursuit of legalmodernization in the background of western legal culture invading is a difficultexploration process. From the big side, we should select the essence and discard thecrude not only in the choosing of traditional Chinese legal culture, but also the westernlegal culture. The purpose of doing so is giving the right political direction in themodernization of legal system.In order to achieve correct understanding of the modernization of legal system ofChina, we should not only pay attention to the construction of legal system, it is moreimportant to pay attention to an invisible force behind the system construction that isreally promoting system construction. These invisible forces are powerful, as theimportant part of legal culture, the legal belief, one of them, deeply influences thecontemporary Chinese legal modernization. So it is very necessary to study andanalysis it. Making a full research on the legal system modernization of legal cultureand legal belief can widen our vision in learning the civilization of China law.In the process of realization the contemporary Chinese legal systemmodernization, we should not only need to transplant western legal systems, which cancontribute to a greater extent, we should also pay attention to the inheritance, which begood at developing the Chinese traditional legal culture. Only based on the nationallegal culture and legal belief, can the legal system modernization be really suitable for the need of the national development of the modernization of legal system.Based on the above discussion, this paper starts from the analysis of the legalculture and legal belief, and hold that the real driving force behind the process ofcontemporary China in the modernization of legal system is the legal culture and legalbelief, and study the series of legal modernization process of Chinese contemporary bythem. And study a road which suitable for the contemporary Chinese legal systemmodernization.