Significance Of Legal Communication Between China And The West

At the beginning of 20 th Century, Sociology of Western law became one of the three schools of contemporary Western, and occupies a crucial position. The school has produced a rich social history background. On one hand, the Country of monopoly capitalism is in need to use law to conduct comprehensive and effective interventions and adjustments to economy and society; on the other hand, growing social problems not only are required by law to protect the rights of individuals, but also to emphasize the protection of the interests of society. Thus “legal socialization ” has become the trend of the times, but also began to affect the twenties and thirties of the Republic of China. Legislative principles then have been recognized by many scholars.‘‘Legal socialization” thought and movement in the West are writing background of the book "Rights Relativity". And this thought comes to China across borders, and becomes the same background of that book translation. Therefore, this article centers about the great background of writing and translation of the book "Rights of Relativity” and gives detailed interpretation respectively from perspective of the author and the translator.In the first part, the thesis gives the interpretation about the background of the author. On late 19 th and early 20 th century, the thought and movement of "Legal socialization rise in the Western world. This is the salvation about a crisis of survival road, which is brought by individualism before. The author refutes the right of absolutism in the book and seeks to establish the concept of the rights of relativity. It should be said to reflect his era responsibility. I will attribute my own superficial reading harvest to two points, namely the legitimate rights and universal relative concept.In the second part, the thesis gives the interpretation about the background of the translator. When ‘‘the legal socialization” of the West comes to China, the social standard is not only recognized by most scholars, but also becomes the firm legislative principle and spirit of the national government. And then it was completely implemented in the "Republic of China Civil Law". The practice has proved that the early China is in the recognition and practice of the relative concept of legitimacy and universality, at the same time, it neglects its own society stage especially the development of the legal system of the stage. The translator maintains a clear understanding of the early stage of social standard legislation in the early stage of China. This paper expounds the mutual communication between the social standard and the right standard, and the non_ polar opposites. The thought of western legal thought is put into concrete Chinese context.In the third part, the thesis displays the independent cognition of the book “right relativity giving contemporary China the corresponding enlightenment. In the face of the latest western legal thoughts at the time of China in the context of rampant, the translator Wang Boqi always as a bystander maintains a sober understanding and independent cognitive. Early China should actively advocate and practice individualism and liberalism thought, which in the West seems to have become "sink".Thus it will enlighten people’s consciousness of rights. Furthermore, it will confirm and protect people’s due rights. This is the translator’s consistent ideas and theoretical demands. The contemporary China has obviously made great progress in the protection of rights, but it is still the time of the insufficient protection of the rights. Early China ignores the reality of their social and legal system development, and blindly follows the extreme consequences of the western social standard legislation. It should give the contemporary China profound enlightenment.Although the author and the translator belong to different countries, but the protection of rights is the common topic. In my opinion,the times of the author clearly grasps the actual situation of the rights protection, and conforms to the objective requirements given by bothrights and social development, It also achieves the legislation change form the right standard to the social standard, and effectively has an balance between individual rights and the interests of society. At the same time it maintains the stable development of the society. The early China was affected by the “Legal socialization “thought or, more specifically by the private rights socialization thought, and then blindly determine the legislative philosophy and legislative principles of social standard. But it caused the extreme consequences by the reason of a lack of clear understanding of the conservation status.The thesis has a careful interpretation about the content of the book, and givesmacroscopic on the background of the author. In my opinion, the rights relativity is based and is to be accepted as a concept base in contemporary Chinese legislative choice facing tostatus quo of the rights protection. At the same time, we should learn from history,Contemporary China should always regard it as valuable experience and lessons learned byearly recognition and blind follow to the West under the social standard legislation, Recognizing this, contemporary China should adhere to the "rights-based" preferentially, with taking into account the ’’social standard on legislative issues, which is a self-evident. Thus, the legal significance of communication between China and the West has also been demonstrated.