I want to check the material on traditional culture should not be inherited

May 7, 11:41 The question of the fate of traditional Chinese legal culture in modern society has become a hotspot of concern and debate among Chinese cultural figures or scholars again and again in the past century. It can be said that for more than a hundred years, the mutual contradiction between the urgency of the task of China's modernization and the difficulty of its progress is to solve the destiny of traditional Chinese culture in the present age. As the dominant mode of survival of a particular nation historically accumulated, traditional Chinese legal culture embodies the spirit of typical agricultural civilization, which is unable to match with the spirit of science, democracy and rationality of modern industrial civilization. Because of this, when the modern industrial civilization based on market economy is approaching and impacting our ancient agricultural civilization, our traditional legal culture is bound to be in danger, and the prospect is worrying. It cannot support a modern industrial civilization as successfully as it has supported the traditional industrial civilization, but must open itself up to a scientific, democratic and rational culture with technical rationality and humanistic spirit. This is an indisputable fact. Therefore, if traditional Chinese legal culture is to be transformed from a blocking force to an internal driving force of modernization, it must undergo a profound and fundamental transformation or reconstruction. But what kind of path should be taken for the transformation or reconstruction of traditional Chinese legal culture? Fundamentally speaking, there are two ways: first, the inner creative transformation; second, the outer critical reconstruction. In our opinion, when a culture contains the elements of a new culture and constitutes the necessary tension of the elements of the new culture, it will take the path of inner creative transformation; and when a culture does not have the necessary points of convergence with the new era and lacks the necessary inner tension or internal drive, it can only take the path of outer critical reconstruction. [1] Some scholars have also proposed endogenous modernization and exogenous modernization for the transformative mode of modernization. "Endogenous modernization is the path of social change through a long process of internal innovation by the society's own forces, also known as endogenous change, in which external influences play a secondary role, while exogenous or exogenously induced modernization, or exogenously induced modernization, is the path of internal ideological and political change and then economic change, also known as exogenously induced change, which is induced by external shocks to the society under the influence of the international environment. Change, its internal innovation plays a secondary role"[2] For more than a hundred years, there has been a division between cultural conservatism and cultural radicalism in the treatment of traditional Chinese cultural transformation and regeneration. The most extreme cultural conservatives deny the necessity of the transformation of traditional Chinese culture, and they take the extreme attitude of rejecting the transformation and change, such as the slogan of "Middle School as a Body, Western Learning as a Use" during the period of the Foreign Affairs Movement, and the "Declaration on the Construction of a Chinese-based Culture" by ten professors in the 30's. Among them, Liang Shuming has the most extreme attitude. Among them, Liang Shuming's attitude is the most typical, he thinks that Chinese culture will not produce western-style science and democracy from itself, and the democratic system is not suitable for Chinese society. Therefore, only through the revival of traditional Chinese culture and the realization of the ethical structure of an agrarian society through village construction would a way out for Chinese society be found. On the other hand, the most extreme cultural radicalism, such as the theory of total westernization, denies the possibility of a traditional Chinese cultural turn. Between these two poles, the moderate cultural conservatism, also called the third phase of Confucianism, these scholars advocate that traditional Chinese culture should take the path of inner creative transformation. Most of them admit that China's modernization needs science and homogeneity, and they also admit that traditional Chinese culture lacks the dimensions of science and democracy, but, according to them, it does not lack the germ and embryo of democracy and science. Therefore, they advocate that traditional Chinese culture should undergo an inner creative transformation. That is, the moral subject of Confucianism should be transformed into the intellectual subject (science) and political subject (democracy) that support industrial civilization. Tang Junyi's "return to the roots and start a new life", "return to the roots" and "respond to the challenges", Mou Zongsan's "Conscience of the fallen", and Du Weiming's advocacy of the "conscience of the fallen". Mou Zongsan's "Conscience Caught in the Crossfire", Du Weiming's "Revival of Confucianism", and Lin Yusheng's "Creative Transformation", all expressed such an orientation. Moderate cultural radicalism, on the other hand, emphasizes that traditional Chinese culture must take the path of external critical reconstruction. Emotionally speaking, we long for the cultural orientation of Neo-Confucianism to become a social reality, but the conscious cultural situation constituted by the intersection of Confucianism and Taoism has neither developed the concept of the separation of man and nature, as in the case of the Greek Rationalism, nor has it established the understanding of, and belief in, the separation of man and God, as in the case of the Hebrew Spirituality. The concepts of rationality and religious consciousness have always been the deficiencies of Chinese culture. Therefore, in the traditional Chinese cultural model, instead of constructing a dimension of transcendence and criticism of the everyday world and its self-culture, the cultural dimension everywhere shows a conscious identification with and affirmation of the everyday world and its self-culture. Therefore, Chinese culture has inherently formed a kind of super-stable structure, and it is impossible for it to creatively transform a new civilization spirit from within itself, which is very different from the agricultural civilization it supports, that is to say, it is impossible for traditional Chinese legal culture to take the path of internal creative transformation. Hao Tiechuan pointed out that "Confucianism in general is contrary to the contemporary Chinese legal system and the spirit of the rule of law. Do not break the old, it is difficult to establish the new, do not deny the basic values of Confucianism, the spirit of contemporary Chinese law will be very difficult to get the recognition of the whole nation" he even proposed to "be vigilant against the Confucian legal culture with the help of post-modernization of the concept of the law of the society to re-make strange" "Chinese The basic way to modernize the legal system is to creatively transplant Western law"[3]

A specific analysis of the Chinese traditional legal culture, the realization of the inherent creative transformation of the problem lies in:

First of all, our country is a country with a long tradition of rule of man, in the history of the country does not have a lot of ready-made legal and cultural resources to be inherited, the traditional legal foundation is very much missing or scarce. This is the fundamental problem of the creative transformation of traditional legal culture. The legal culture tradition of Western countries can be traced back to the ancient Greek and Roman times, and the origin of the modern rule of law is realized through the revival of Roman law and the spontaneous evolution. Therefore, the western countries in the process of entering the rule of law, basically did not encounter from the traditional culture of their own resistance, on the contrary, but also because of its traditional culture and legal resources contain for the modern rule of law for the reasonable content of the establishment of the capitalist legal system and the realization of the legal culture to provide a good support. China's history has long been a natural economy, patriarchal authoritarianism and Confucian culture of rule of man as a trinity of countries, has always lacked the rule of law tradition and its corresponding legal and cultural atmosphere. Even if the legalists put forward the idea of the "rule of law", but with the true meaning of the "rule of law" is far away. The law is just a "family law" to maintain the emperor's family world, not a "law of the world". Therefore, it is quite difficult to realize the transformation, reconstruction or regeneration of the traditional legal culture on the basis of this foundation for the construction of modern China. With the change of the times, the traditional legal culture built on the soil of natural economy, patriarchal autocracy and Confucianism has become obsolete in the overall sense of the social structure, and has lost its value in the construction of a new social order, but as a tradition, it still has its power that cannot be underestimated. When our country by the traditional rule of man society to the modern rule of law transformation, and through the modern legal system to construct a new social order, it will still be its inherent inertia force tenacious performance, impact and interference in the formation of the rule of law order, which is one of our difficulties.

The second of the difficulties in modernizing the rule of law in China also lies in the fact that the country has a short history of commodity-market economy and democratic political construction, and lacks the soil to provide the growth of the rule of law. It is impossible to grow the rule of law in the soil of the small peasant economy and authoritarian politics; the rule of law is a product of the development of the commodity economy and democratic politics. During the country's long history of revolution and construction, it relied mainly on policies and administrative orders to achieve victory. After the establishment of new China, influenced by Soviet jurisprudence, we also basically relied on political, policy and moral integration, rather than on law, to establish a new social order; policy took precedence over development, while the law did not receive the care it deserved, and was even treated with indifference and sent into the cold. In this context, China's traditional model of rule of man not only did not receive due liquidation, but also changed its face and survive and strengthened. Until after the Third Plenary Session of the Eleventh Central Committee, we began to implement changes to the rigid economic and political system, the law ushered in its own spring. But China's commodity economy and democratic political construction started late, coupled with, in a vast, populous country, the economic and political and cultural development of each region is extremely uneven, re-establishing a new set of social control framework, is bound to be extremely painful and difficult.

Third, the modernization of the rule of law is also difficult to face the challenge of the Western method of cultural systems, we lack sufficient experience, lack of response and the ability to construct. Today's society, global integration, the construction of the rule of law in our country is part of the overall process of the rule of law in the world, the road to the rule of law has been the development of human civilization is an irreversible general trend. In the overall process of the rule of law in the world's Western legal system, the first to take the lead, with its good demonstration effect for the subsequent countries and nations to follow suit. In recent years, we have boldly drawn on the advanced legislative experience of Western countries to formulate and promulgate a series of basic laws and specialized laws regulating the market order, alleviating the long-standing situation of lawlessness in our country, whose historical achievements cannot be ignored. However, while vigorously transplanting and introducing the Western legal technology system, we lack the ability to respond to and construct issues that are rich in national characteristics and conducive to the operation and realization of the law, so that in the process of large-scale legislation in recent years in our country, although laws and regulations with a modern meaning have been enacted in batches, we are faced with the tremendous impact and dissolution of the traditional law and culture in which the people are greater than the law, power is greater than the law, and emotions are greater than the law. The construction of the rule of law has been difficult. As a result, the traditional Chinese legal culture develops according to its own logic, and will not be converted to create science and democracy. However, the fact that traditional Chinese legal culture cannot produce science and democracy does not mean that Chinese society does not need science and democracy. Chinese society must move forward to embrace industrial civilization, and in order to do so, it must reshape its culture and its people with a conscious cultural spirit centered on scientific rationality and humanism. In this process of modernization, traditional Chinese culture must bravely choose the path of external critical reconstruction. On this issue, we should not succumb to the stubbornness and romance of the moral scale, but adhere to the calmness and rationality of the historical scale. We must sort out and liquidate the traditional Chinese legal culture in general and in its fundamental spirit, instead of letting the dregs of the traditional legal culture become our shackles and restraints, we should be guided by scientific and technological rationality and humanistic spirit, take the initiative to adapt to and accept the new culture of the industrial civilization, and rebuild the vitality of our own culture in this adaptation and acceptance. Of course, our criticism and liquidation of the traditional legal culture does not mean that we hold a historical nihilist attitude that completely rejects the traditional Chinese culture. On the contrary, there is no doubt that many elements of traditional Chinese culture can be integrated into the new culture of Chinese society as positive elements of China's modernization. But it must be noted that this is a kind of cultural integration, which is to integrate the traditional Chinese legal culture into the spirit of industrial civilization marked by scientific and technological rationality and humanistic spirit, and not, on the contrary, to integrate certain cultural factors of industrial civilization into the totality of traditional Chinese ga culture. Otherwise, we will again fall into the old model of the foreign affairs school of the western use of the body and so on, and will make the transformation of Chinese traditional legal culture into a pointless move in place.

To realize the critical reconstruction of traditional Chinese legal culture, the following goals and paths must be chosen.

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Respondent: has flown - Senior Wizard Level 7 8-4 19: