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On The Inheritance And Development Of The Rule Of Law Thought Of Pre-Qin Legalism

Posted on:2023-09-09Degree:MasterType:Thesis
Country:ChinaCandidate:M HanFull Text:PDF
GTID:2556306827972059Subject:Science of Law
Abstract/Summary:
The rule of law is the main way to govern a modern country and society,and the rule of law is the basic strategy for the construction of the rule of law in China,a necessary means to govern the country and achieve long-term peace and security.Most of the existing ideas and legal systems in China come from the transplantation and borrowing of mature legal systems and concepts from other countries in the world,which are not fully compatible with China’s national conditions and lack cultural heritage and connotation,while the inheritance and development of China’s traditional culture can make up for this shortcoming.Culture is the inner soul of a nation.Throughout the thousands of years of our history,the Chinese nation has faced serious difficulties on many occasions,but at every critical moment,the spirit of culture has been a great source of energy,leading the nation to a new class.Learning from the excellent Chinese traditional culture,strengthening cultural self-confidence,learning from history and inheriting the culture,we can better build a socialist country with Chinese characteristics.The rule of law in China’s traditional culture mainly originates from the pre-Qin legalists,who were born during the Spring and Autumn Period and the Warring States Period,and were named after their advocacy of the "rule of law",but the rule of law of the pre-Qin legalists is not the same as the rule of law of the modern rule of law.Instead,it needs to be studied and interpreted with a modern mindset in order to find out the rule of law ideology that can be applied to today’s society for inheritance and development.This article begins with an overview of the background to the emergence of pre-Qin legalism,and through an analysis of the main ideas of its representative figure Han Fei,identifies the essence and dross of pre-Qin legal thought on the rule of law,and finds the links between them and contemporary ideas on the rule of law,so as to draw lessons for the construction of the rule of law in modern China.In exploring the rule of law thought of the pre-Qin dynasty,we will take into account its development in modern times and the current situation of the construction of a rule of law state in contemporary times,absorb its favourable ideas,draw lessons from its experience and make innovative suggestions for the construction of a rule of law state in China.
Keywords/Search Tags:Legalism, rule of law, Han Fei, rule by law
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