The Importance of Legal Culture Development

If we consider society as a system, social development is a systematic project, and various elements, such as legal culture, are always closely related to social development. There are different definitions of what legal culture is, and it is generally believed that it is related to the idea of law, system, facilities, judge's way of judging, as well as people's behavioral patterns, psychological habits, etc. But strictly speaking, it cannot be regarded as legal culture. But strictly speaking, this can not be regarded as the definition of legal culture, otherwise, the legal culture is not the law about the all-encompassing. The author thinks that the legal culture is only behind these phenomena **** the same thing, is internalized in the legal thinking, legal system, legal facilities and people's behavior patterns, and in the spirit of the general concepts, principles and value system that governs them, is the pursuit of human life ordering and social justice of the essence of the expression. Unlike legal culture, social development was originally a sociological concept, focusing on a factual description of social progress, which can generally be understood as the social progress brought about by structural changes in the social system resulting in functional transformation. According to this point of view, human society has gone through the process of primitive hunting, sedentary farming and social industrialization, that is, modernization, and the basic clue and direction of its social development is from barbarism to civilization; therefore, it can be said that the essence of social development is the civilization of human beings. It is the attribute and pursuit of human civilization that makes the legal culture have a connection with social development.

Science cannot be separated from logic, and logic is reason. The scientific nature of natural science lies in experiment and logic, and the scientific nature of social science lies in practice and logic. With the power of logic, observation and perspective of human practice and experience, can discover the principles of science at least partially scientific. What are the principles between legal culture and social development? Based on the sociological point of view and the above experience, we can make the following inferences: society is a structured system, of which legal culture is a part; social development is only the result of positive changes in the structure of the social system and the manifestation of functional transformations, from which it can be seen that social development itself is not a structural item in the system. Therefore, legal culture and social development are not, first of all, the relationship between structure and structure within the system, but the relationship between structure and the result of structural change. This suggests that the logical relationship between legal culture and social development is both linkage and causality. Linkage is manifested in the echoes of boom and bust between the two. Causality is manifested in the fact that legal culture is the cause and social development is the effect, and social development must first rely on and emphasize the construction of legal culture. This is one. Secondly, it should be noted that society is a complex integrated system, social development is subject to the structural changes of the whole system, the legal culture as a system within the structure of the item can only affect but can not determine the social development. On the one hand, this enables us to see the limitations of legal culture on social development; on the other hand, it also recognizes that social development is a systematic project including legal culture, and that it is not possible to be free of the theory of legal culture, let alone the theory of legal culture alone, in practice. This is also a basic experience of mankind. Thirdly, although social development is not a structural item within the social system, in fact it has a direct reaction to the structure of the system, that is to say, social development is affected by legal culture and at the same time affects legal culture. As experience has shown, the building of legal culture promotes social development, and social development requires the building of a corresponding legal culture. The above three points are the principles of legal culture and social development in the general state of society.

After the human society has been transferred from traditional to modern, modernization has become the direction and trend of the development of all countries in the world, and the principle of the relationship between the legal culture and the social development has added new contents: firstly, the convergence of the human legal culture; and secondly, the development of the modern society is more dependent on the legal culture. In traditional society, due to the relative independence and isolation of the major civilizations, the legal cultures of different civilizations are self-contained and compatible with the development of their respective societies. Such as the Roman-Germanic legal system and continental society, the Chinese legal system and East Asian society, Hindu law and Hindu society, Islamic law and Muslim society, Africa, Latin America and Oceania customary law and its society. The modernization movement originating in the West has changed the map of the world's legal culture, and the rich and colorful legal culture of mankind has directly or indirectly tended to be analogous to the Western paradigm. At the same time, the rule of law has become a measure of the desirability of society, in contrast to traditional societies. Traditional society is not without law, there is also a legal culture, but the ideal of traditional society is not always the rule of law. Social development can never be separated from the support of legal culture.

How to understand and practice the legal culture and social development in China nowadays is an important topic in front of us for the future. In order to do this subject well in practice, we should first have a theoretical understanding. The discussion of the above experiences and principles is only a preliminary attempt, and to fully develop this topic is inevitably a long-term process of the so-called unity of theory and practice. Here, this paper intends to answer: what is the core problem of Chinese legal culture and social development at present; what is the significance of the construction of legal culture to the development of Chinese society. Obviously, this is not the whole question, but is the starting point of the subject.

Different from the distinctive traditional Chinese legal culture, the current legal culture in mainland China is a complex complex, containing elements of modern legal culture originating from the West, traditional Chinese legal culture, and legal culture formed in the practice of China's revolution and construction. These different elements of legal culture converge in China today, with a **** the same goal, to build the rule of law in China. In other words, how to promote the rule of law is the core issue of the construction of legal culture in China. The social development of China nowadays, according to the decision of the party and the state, is to build a moderately prosperous society in an all-round way. The meaning of "comprehensive" includes the coordinated development of material civilization, spiritual civilization and political civilization. This is a healthy concept of development. Material civilization and spiritual civilization are well known, while political civilization is under discussion. In the author's opinion, in modern society, no matter how rich the connotation of political civilization is, the rule of law is always the core. The political civilization of traditional society can be the rule of morality, the rule of propriety, the rule of religion, and even the rule of man in the politics of sages, but the change of the times has made them unable to adapt to the structural-functional change of the society, and the rule of law, as a kind of institutional civilization, has become the core of the modern political civilization, which is already an indisputable fact. From this point of view, the core issues of the current Chinese legal culture and social development can be said to be on the same path.

The rule of law is a social state, but the existence of law is not necessarily the rule of law. Traditional society has no lack of law, but the basic principle of its social operation is the center of power, the law is dependent on power in the social structure, in fact, for the service of power. Society into the modern era, the right to become the center, the supremacy of the law, the power of the law for the control of society, the state of law and rule of law. This is precisely the goal pursued by the development of Chinese society today, and legal culture is of great significance to the realization of this goal, i.e., to the construction of the rule of law in the development of Chinese society today.

The premise of the rule of law is to have a law to follow. In mainland China, where statutory law is written, the reality of the rule of law begins with the creation of law, or legislation. Legislation is not just the formal and quantitative construction of the legal system necessary for the rule of law, the important thing is the consistent spiritual connection between different laws within the same legal system. This is the soul of the realization of the rule of law, the kernel of legal culture that we mentioned earlier. Without this kernel, laws cannot be harmonized under a unified concept, principles and value objectives, and even contradict each other and conflict, and the so-called legal system is nothing more than a stack of multiple sets of regulations. This is not uncommon in human legal history. Only this can be seen, the legal culture of the current development of the rule of law in China's social development, first of all, in the legislative aspects of the spiritual significance of guidance. Let's try to ask again: "What spirit" in the core of legal culture gives guidance to legislation? Simply put, the concept of the rule of law and the significance of the legal culture to our life as human beings, i.e., striving to create a social order in line with justice, to promote social development, to revive Chinese civilization, and ultimately to realize human rights, etc., is the cultural spirit of the current Chinese legislation.

The rule of law begins with legislation, but the key is implementation. In practice, the implementation of law is mainly judicial and law enforcement. The significance of legal culture to the implementation of the law is summarized as follows: first, legal culture can create a good social atmosphere and environment for the implementation of the law. Subsequently, legal culture helps to cultivate and improve the quality and ability of judicial and law enforcement personnel. At the same time, but also the most important point, the legal culture can help the judicial, law enforcement officers in the implementation of the law to correctly face and deal with three kinds of situations: First, the understanding of the law can be higher from the spirit of the grasp; Second, when the conflict of laws, can be based on the value of the order of the ranking and selection; Third, the legal defects need to be balanced, can be used as a discretionary basis for the inherent. These are the specific legal knowledge is not as good as, but the legal culture and legal theory of the strength of the place. The broadest basis of the rule of law is the people's legal awareness to the extent of faith. People have what kind of concept of law, what kind of attitude towards disputes and their resolution, customarily show what kind of behavior, these are more dependent on the legal culture to cultivate and support the things that determine the success or failure of our rule of law. Therefore, the propaganda and education of legal culture is crucial to nurture our concept and belief in the rule of law.

If we compare the rule of law to a tree, then the legal culture is sunshine, water and soil. The tree of the rule of law can thrive only if it is rooted in the sunlight, moisture and soil of legal culture. In a nutshell: through the rule of law, China's legal culture and social development will surely flourish. Finally, it is worth pointing out that the traditional part of Chinese legal culture contains some fine traditions and national characteristics of Chinese civilization, such as the concept of harmony in interpersonal, inter-regional and international relations, the pursuit of "reasoning - convinced" mode of mediation, and so on. Mediation mode of dispute resolution, etc., through the transformation of modern society, the result is not only the establishment of the rule of law in modern China to meet the needs of the people and the country, but also a contribution to the development of human legal culture and society.