On The Reconstruction Of Rule Of Law In China Under The Circumstance Of Cultural Identity

Since the reform and opening up in 1978,China has been more and more deeply integrated into the wave of global integration.While actively engaging in civilized and friendly exchanges with other countries in the world,this ancient big country,like all countries undergoing modernization and transformation,is also faced with a "gu yan wu"-style problem in the field of rule of law culture:"as a country with a broad population,how should it establish its own constitutional order?In fact,both the problem of people-oriented legal model identification in traditional culture and the rationalism crisis under the strong cultural impact have aggravated the lack of subjectivity in China’s local legal construction,and then evolved into a legal crisis represented by cultural identity.In order to get through this crisis,this paper first explains the failure of traditional moral culture in modern Chinese rule of law and the external impact of "rationalism".Secondly,it further explains the disorder of traditional moral culture in modern rule of law and the value game of legal theory behind these two civilizations,and demonstrates the reasons for their conflicts in detail with the purport of returning to civilized order.Then,based on the traditional moral culture and the reflection of the modern rule of law,analyzes the essence of this kind of cultural identity crisis,put forward by professor Richard ji’s theory "new program"(because of the theory can not only retain the essence of moral culture in the desirable under the modern crisis of "rationalism" in response to the utilitarian defects,and can ensure the rationality and stability of the law to deal with the situation complicated modern social issues)to identify,establish theoretical obstacle to China’s urgent need for a breakthrough in the development of the modern rule of law and should have moral character,to build a new authoritative cultural identity,opening up the new path of development of Chinese modern rule of law;Finally,the article briefly looks into the future under this path of practice,that is,while gradually realizing the innovative transformation of traditional rule of law culture,pushing forward the further development of China’s rule of law modernization,and successfully constructing the rule of law order belonging to Chinese people.