What is the significance of China traditional culture to the construction of socialist legal system?

China is a country with a civilization history of 5,000 years, and its legal culture naturally has its own characteristics. In order to build a socialist country ruled by law, I need to learn excellent ideas such as "benevolence" and "faithfulness" from the whole culture, and I also need to learn excellent elements from China legal culture.

First, the core of China's legal culture is the Confucian legal thought which absorbed and integrated some thoughts of legalists.

Confucian legal thought is the core of China's legal culture and the basic structure of China's legal thought. As for the legalist school's thought, it has its own system, but like Fei Zi and Shang Yang, it mainly respects the law, not the way to achieve "great prosperity and great governance" in society. However, what needs to be affirmed is that Confucian legal thought has also merged a lot of legalist thoughts in its formation and development. China culture is essentially a logical culture, which transforms legal thoughts into legal norms. "Like China people or other highly civilized people, political thought is characterized by caring about most political energy in the formulation and implementation of laws.

"Unity of Etiquette and Law" became the highest achievement pursued by China's ancient legislation. "Zagreb, the order of heaven and earth. According to Confucian laws, it is a tool that conforms to etiquette and morality, which is the outstanding feature of Chinese legal system, that is, the original code that completely conforms to Confucian morality. As the famous China's legal history is good; Attaching ceremony to law, legalizing morality and criminalizing etiquette. All these show that ritual compensation can be popularized, which is the most important ancient law in China and the most distinctive feature of the legal system in China.

? Two, the construction of socialist rule of law should pay attention to absorb the essence of legal thought.

China's traditional culture is of great significance to today's judicial reform. China's legal transplantation was based on the late Qing Dynasty and gradually transferred to western law. At the beginning of China's social modernization, it was placed in the facade of modern law. However, in terms of legal types, China? The era of the coexistence of monarchies in the Spring and Autumn Period, from the unification of Qin Dynasty to the reform in the late Qing Dynasty, has a thousand years of inheritance. However, in modern law, China was more influenced by the western legal system, especially in the classification and system of laws. "?

1, China legal culture research, exploring the service essence of socialist rule of law construction "and opposing judicial injustice and pursuing judicial reconciliation." "Mindfulness and prudence" means attaching importance to Xiu De, and using "Mindfulness and prudence" is a moral requirement for officials. In the judicial field, it is manifested in the thought of "treating punishment with prudence", which has become a guide for legislation and justice of later feudal dynasties and the core of China's judicial culture. Even for Zhu Yuanzhang, who only lives by morality, not punishing "Mingde" means judicial justice. One of the most important prerequisites of judicial justice is to realize judicial legislation.

2. Self-discipline and heteronomy are the important goals of China's current judicial reform, which restrict the behavior of judges. For example, in the Tang Dynasty in China, the judgment of the same case was established, and * * * shared the responsibility. Today, the moral construction of judges is still the judge's physical system, so that judges will not survive in law and despise the supervision of judges, which will increase the strength of judges.

3, China traditional culture, in the case of fully according to the crime. Ancient cases in China attached great importance to the judicial reform based on the confessions of the parties, which has certain significance, such as avoiding the investigation method of extorting confessions by torture and the judicial source of presumption of guilt.

4. In the case of doubt or controversy about conviction and sentencing, China requires the application of five criminal cases in doubt, so that the case in doubt can be exempted from pardon and criminal responsibility can not be investigated. However, with the efforts of all parties, China's public security organs often unilaterally pursue the improvement of the detection rate, while extorting confessions by torture is prohibited. Injustice and false culture are the roots of the Chinese nation. If China denies the idea of national rule of law, and what society does is not to create a brand-new culture or simply copy western culture, then building a French country, building a society and vigorously developing China's excellent culture will lead to the construction of a socialist country ruled by law in China, lay a foundation and provide a strong spiritual impetus for the trust system and its rule of law.