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Law and Social Control: Chinese Ancient Tradition of Combining Li with Law and Its Contemporary Enlightenments. Quan Wenchang (Jurisprudence)

Author: QuanWenChang
Tutor: ZhangDongMing
School: Huaibei Normal
Course: Legal Theory
Keywords: Law Social Control Ceremony combined The rule of law To Germany to promote law
CLC: D920.4
Type: Master's thesis
Year: 2010
Downloads: 199
Quote: 0
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Abstract


\In China, due to the tradition of ethical thought morality of law plays a great supporting role. Generation and continuation of any system has its specific historical conditions. The combination of ancient Chinese traditional ritual law society control mode also own the reasonableness of its history. Through the ceremony in the ancient Chinese social control law binding mode of production, development, and role play to the analysis of the mechanism to draw the following revelation: a country to maintain the stability of the social order, social control, improve the legal system at the same time, it must be established compatible system of social ethics and social patterns; only two coordinated national system of legal norms and social ethics system, national legal norms before the implementation of the social basis of social control in order to achieve the desired results. Affected by globalization, law norms fade in convergence. Common path of development of the global rule of law, rule of law, the establishment of the country under the rule of law and the rule of law society, countries now or in the future of social governance mode. After the reform and opening up, China is also working to create a social basis of the rule of law. Cultural development of the market economic system and socialist democratic politics needs to be improved, by traditional result the basis of law and social disharmony. Especially legal system modernization of the extent and human modernization degree of with considerable resistance, there is systematic legal culture and conceptual legal culture of conflict, and thus lead to the rule of law value basis of missing and required to carry out the cultivation of legal beliefs, weak rule of law, humanities foundation rather The need to strengthen the shaping of civic character. In view of the above, I think the Chinese the current rule of law should be taken to the social control mode combined with ethics and promote wears. To Germany to promote law to adhere to the premise of the rule of law, while strengthening the building of socialism with ethical, strengthen nationals moral education, in order to improve their moral qualities, shaping their civic virtue to nurture their legal beliefs, and enhance law-abiding consciously China and France, to promote social control specific implementation results. The cultivation of the spirit of the moral order rational self-discipline is the rule of law and ethical support. Regulatory system, including legal, is not forced to be able to achieve by force alone, it must be the premise of most people voluntarily obey. Otherwise, the system of authority and the rule of law in order is difficult to effectively set up. The operation of the system need to have the support of the ethical order, the run is also true of the legal system. In contemporary Chinese society, ethical order is no longer the traditional moral order system. Today's moral order should be established above the modern citizens ethical system contains the rights, responsibilities, freedom, equality, and public spirit, modern citizens ethical constitute Citizenship. A society if there is no good citizen character, difficult to effectively run the system, and therefore we should vigorously strengthen the building of social ethics, cultivate a good citizen character, and moral support for the rule of law in order to provide effective. So, in order to achieve the rule of law with the combination of ethics and promote law, in order to achieve good social control.

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