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The Value Conflict in the Chinese Rule of Law

Author: LiXun
Tutor: JiangDeHai
School: East China University of Political Science
Course: Legal Theory
Keywords: The rule of law Legal Thought Conflict
CLC: D909.2
Type: Master's thesis
Year: 2011
Downloads: 39
Quote: 0
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Abstract


Since the reform and opening up 30 years of Chinese rule of law has made certain achievements. Socialist legislative work methodically, socialist judicial system has been initially established, gradually raise the people's awareness of their rights, and the continuous development of the concept of equality in Chinese society, however, is also in the process of the socialist rule of law there are some legal ideological conflict, resulting in a The contradiction between the control of some of the legal and traditional social control. Differences between legal judgments and the traditional values ??of the people. Ideological conflict of the legal change of the rule of law in China from the perspective of the legal and social. First part of Chinese traditional legal concept and the modern concept of the rule of law, conflict, Chinese traditional social control, and modern legal control of differences as well as the substance of the conflict of the concept of justice and the concept of procedural justice to analyze the performance of the conflict in Western Legal Thought, that the Chinese people are more inclined in pursuit of ideological and moral improvement through legal, in order to achieve the ideal of social control effect, while Westerners more emphasis on the forms and procedures, and restrictions on people's external behavior, to complete the work of social control, a good social order. The second part is further pointed out that the legal thinking behind the conflict is a conflict between the Western rule of law and traditional values, and by the Western concept of freedom and the ethics of conflict, the conflict in the Western concepts of individualism and ethical sense of hierarchy, fraternity thought Love arithmetic ideological conflict, as well as democratic ideas conflict with traditional centralist thinking contrast, analysis of the ideological conflict of the rule of law in China change laws ideological reasons. People's values ??change occurs in the process of social change and the rule of law change from the social standard Gangchanglunli concepts, personal interests are subordinate to the concept of national interest, into-liberal concept of individual standard. Changes in personal values, in turn, is reflected in the reform of the political system, social governance mode and into the moral fabric of society. The third part of the article on the relationship of the legal and local authority social control, control the relationship between law and customary law, legal and family relationship of internal control, and the traditional social control mode between the four aspects of the analysis, pointed out that the weakening of the rule of law traditional social control, and the weakening of traditional social control leads to moral constraints, the weakening of traditional values, traditional values ??lost cohesion carrier, pointed out that the change of the rule of law and weakening of traditional social control and traditional values, analysis of the rule of law in China changes law ideological conflict society reasons. More law and other social control is relatively weakened social value judgment standard tends to be the same, the same legal standards. With the development of market economy, China's social development model change, the business community with a strong liquidity from weak liquidity agricultural society to changing social governance model is also undergoing a transformation. The fourth part of the rule of law is the inevitable choice of contemporary Chinese society, the law is the most important tool of social control, the law can successfully curb the most dangerous of the Fallen - political corruption. We need the rule of law to constrain the power of the government to protect civil rights, however, we should also see the impact of the rule of law in the transformation of the traditional social control and traditional Chinese values, as well as to produce a series of social problems. The law is not a panacea, the law has its inherent flaws and shortcomings, the law alone can not complete its task of social control, and in the construction process of the rule of law, we must analyze the defects of the law itself, to establish a new values, and re-unite the moral the ideal a reasonable ingredient in the traditional Chinese values ??into the Chinese laws. Also thinking on how to resolve the ideological conflict of law under the rule of law in China change, put forward should be to disseminate a reasonable idea of ??the traditional Chinese values; popularity of legal theory, rational view of the law; reasonable ingredient in traditional Chinese values ??into law; way to leave some space to the traditional social control, legal thinking in the change of the rule of law to solve the conflict. The article by the analysis of the legal and ideological conflict in the change of the rule of law in China to explain the reasons for the differences between the legal judgments and traditional values, to think deeply about the weakening of the rule of law in the construction of traditional social control as well as the impact of traditional values, makes it the rule of law the pros and cons, as well as how to better solve the rule of law exists to conduct more in-depth thinking.

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CLC: > Political, legal > Legal > Theory of law (Law) > History of law,legal history of ideas > China
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