Factors hindering China's transition to modern legal system

Obstacles in the process of legalization in China (1) The fetters of traditional thoughts Confucianism, with Confucius as its founder, is based on family-oriented and advocates "rule by etiquette" and "rule by virtue", that is, "rule by people."

Confucianism emphasizes the rule of etiquette in the relationship between etiquette and law, the rule of virtue in the relationship between morality and law, and the rule of man in the relationship between people and law.

After the Han Dynasty "deposed hundreds of schools of thought and respected Confucianism", it became a pole of ideology. Later generations had no concept of the evolution of the rule of law in China. Scholars pointed out that "the rule of law in China" has experienced "from academic propositions to political propositions" and then to "constitutional

For changes in "proposition", see Han Dayuan: "A Brief Discussion on the Relationship between the Rule of Law in China and the Rule of Law Country", published in "Legal System and Social Development" Issue 5, 2013.

Without repairs, it did not shake its foundation, and it dominated Chinese history for more than two thousand years.

Feudal thought is essentially Confucian thought, which still affects the politics, economy, culture, education and life of modern China, and even affects the law.

When things go to extremes, they must be reversed. Without the situation of a hundred schools of thought contending, the political and legal culture created by a single ideological model is autocracy.

Feudal autocracy suppressed the democratic consciousness of the people.

In thousands of years of feudal society, China has always been a unified monarchy.

Monarchial centralization has a unique and long history in China.

Due to the centralized monarchy that lasted for more than two thousand years, the idea of ??feudal autocracy was deeply rooted in Chinese society. Most schools and thinkers in Chinese history were influenced by the idea of ??respecting the monarch to varying degrees, and even appeared.

A large number of absolute monarchists have emerged.

In such a social environment, it is difficult to form a democratic consciousness. Even if it sprouts in the public mind, it will be ruthlessly stifled by traditional forces and cannot form a scale at all, let alone become an "orthodox" idea.

It is precisely because the autocratic ideas left over from China's traditional concepts are too strong, which has inhibited the emergence and spread of modern democratic consciousness among the broad masses of people. As a result, the current democracy and democratic participation capabilities of the Chinese people are still far from the objective needs of building socialist democratic politics.

The gap has become a constraint in building a socialist country under the rule of law.

(2) Limitations on the level of development The social conditions that the establishment of a rule of law country must rely on are economic marketization, political democratization and scientific consciousness.

In my country, there is a large economic gap between urban and rural areas, and the economy in the west is relatively backward, which makes the process of legalization of certain groups and regions slow and affects the process of legalization across the country.

Of course, with the continuous deepening of the development of the western region and the comprehensive launch of the construction of a moderately prosperous society, economic problems have greatly improved, but they still hinder the construction of the rule of law within a specific scope.

Law is produced with the marketization of the economy, and the rule of law is gradually formed with a high degree of marketization. The market economy is the economic foundation for the formation of the rule of law, and the marketization of the economy is the economic driving force for the construction of the rule of law.

China lacks a highly developed commodity economy. Therefore, the development of the rule of law is severely restricted by its economic foundation.

With the continuous development of the market economy, the Communist Party of China will inevitably push our country's democracy and legal system to a higher level.

(3) Lack of integration with national conditions. The rule of law in the modern sense of China is considered to be imported from the West. Therefore, it lacks the guidance of local cultural resources and even contradicts certain aspects of local culture.

In other words, citizens’ thinking lacks the moisture of modern legal culture from the beginning, and the cultivation of legal culture is not something that can be achieved overnight.

This lacks necessary integration with China's existing national conditions, so it cannot directly and comprehensively realize the rule of law in China, resulting in citizens lacking legal awareness. The awareness of legal power, legal rights and obligations required by legal awareness is also in the minds of Chinese citizens.

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(4) Insufficient development of the rule of law in townships Township governments are the most basic political institutions in our country. As a first-level law enforcement organization, they still show the characteristics of "unlimited government" in real life.

Regarding the process and results of people in rural society exercising their democratic rights in accordance with the law, township governments lack the seriousness and coercion of law enforcement. They often use the party to replace government, use words to replace law, and do not distinguish between power and law, thus forming a legal system.

Not relying on the status quo.

This often affects the initiative and consciousness of rural farmers in abiding by the law.

Township government organizations did not change their concept of functions in a timely manner with the deepening of reform and opening up. Their powers and functions expanded infinitely, which restricted and controlled farmers' rights, interests and freedoms. In this way, they inevitably deviated when applying and enforcing the law.

and misunderstandings, which are similar in appearance but qualitatively change, thus making the law more unrecognizable the closer it gets to the grassroots level.