Research On The Legislative Thought Of The Pre-Qin Legalists And Their Contemporary Valu

The 20 th National Congress of the Communist Party of China proposed to "comprehensively build a socialist modern state on the track of the rule of law".In Xi Jinping’s thought on the rule of law,a comprehensive and systematic discussion was made on the establishment of a rule of law mindset in the governance of the country.The establishment of rule of law thinking is based on the further deepening of the understanding of the function of the rule of law in the new era,and is a main thread running through Xi Jinping’s thought on the rule of law.The work on the rule of law today cannot be merely empty talk about theory or simply copied from abroad,but must be based on China’s basic national conditions and the practical results of the Chineseisation of Marxist theory to carry out,improve and innovate.In addition to being based on the present,the work of the rule of law must also look to the future and to the past.At the moment we are influenced by the Western rule of law culture,and there has been controversy in the academic community about the many East-West rule of law cultures.But the experience of history tells us that we must base ourselves on the objective realities of our country and its excellent historical and cultural traditions in order to find the right path for the rule of law in our country.Further,legislation must be a crucial and necessary step in the rule of law,and in order to better carry out our legislative work,we should take the essence from history.In traditional Chinese legal thought,the pre-Qin legalists were the first to hold up the banner of "rule of law".This is a rare thing,but at the same time,it also has a certain connection with what we advocate nowadays,which is the building of a socialist state of law with Chinese characteristics in accordance with the rule of law,and especially importantly,among the many ideas of Legalism,the idea of legislation is particularly relevant to the present day.Based on this,the author has collected literature and collated the ideas and views of pre-Qin legalists,and divided this thesis into four parts for elaboration and analysis,as follows: the first part starts with an overview of the idea of "rule of law" of pre-Qin legalists and its historical status,outlining the characteristics of pre-Qin legalists and their historical status,in order to lay the foundation and carry out the subsequent elaboration of the content of pre-Qin legalist The first part begins with an overview of pre-Qin legalism and its historical status,laying the foundation and introducing the content of pre-Qin legalism.The author outlines the concept of the rule of law,legislation,law enforcement and law and order,and finally emphasises the prominence of the idea of legislation.The second part is the main content of the legislative thought of pre-Qin legalists.Mainly from the legislative philosophy,legislative principles and legislative value orientation of the pre-Qin legalists screening focus on the analysis,the third part is the evaluation and analysis of the legislative thought of pre-Qin legalists based on the discussion of the first two parts.The third part is an evaluation and analysis of the legislative thought of pre-Qin legalists based on the first two parts.The main purpose is to identify the positive and negative elements of the legislative thought of pre-Qin legalists from a contemporary perspective.The fourth part is a logical sequel to the third part,which draws a conclusion on the contemporary value of pre-Qin legal thought.The core value of historical research is to serve the present,and the author focuses on the contemporary value of pre-Qin legalist legislative thought from two aspects: legislative philosophy and legislative practice.By reviewing and collating historical documents,and by combining contemporary scholars’ summary and collation of pre-Qin legal thought,this paper collates and studies the legislative ideas in pre-Qin legal thought on "rule of law",and argues that the negative and positive factors in it can better contribute to the construction of the rule of law in contemporary times,and use theoretical research to drive and promote practical legislation,to Theoretical research is used to drive and promote practical legislation,to solve the problems and deficiencies in the current legislative work,and to better serve the construction of socialist rule of law in China.