Chinese Traditional Legal Culture And Its Modern Transformation

After evolution and improvement for a long time, some ideas and system practice of traditional society have been rooted in the traditional political system and social life deeply, and have impact that can not be ignored in the modern social legal system. By digging excellent values and practicing essences of the traditional legal culture, trying to find the reasonable connotation of the idea and exploring traditional dynamic power of system development, practicing its modern transformation, it will contribute to the perfection of legislation enforcement and administration of justice of contemporary Chinese, provide guarantee and reference to the construction of "China of ruling the law". This article based on the analysis of the tendency of the day in the construction of Chinese socialist legal system and the law Principal of Marxism, Using examples and comparative methods as the main argument ways, firstly elaborate the concepts of culture, legal culture and Chinese traditional legal culture, Pointing out the study a range of legal culture, then analyses the characteristics of the Chinese traditional legal culture from a historical perspective as a research basis; secondly, the article studies Chinese traditional legal culture from positive and negative factors, basing the principle of "reject the dross and assimilate the essence" according to the development needs of the times, dissertates Chinese traditional legal culture have both obsolete things and qualities to be exploited; again, understanding the impact of Chinese traditional legal culture on modern law from the fields of legislative, executive and judiciary; Finally, Point out the dialectical view of modern transformation, then analyze the meaning, requirements and general method of it, list some modern conversion experience of legal concept, put forward a method of modern transformation named "review the traditional values and create new values which fit the modern society". Because many studies on the legal culture in the past stays in the level of fact description, and with the times changes, the legal culture is also changing all the time, this article analyzes modern values of Chinese traditional legal culture, and indicate the feasibility of its modern transformation basing on the system collation and using the reference of some scholar reports, focus on the implementation methods of modern conversion, aims at excavating the essence of Chinese traditional legal culture for better servicing of modern law and building a harmonious society.