How to look at the traditional Chinese rituals and the current rule of law

Traditional China is basically a society sustained by the "rule of etiquette", rather than relying mainly on the "law" as in Western societies. By examining and analyzing the inherent contradictions between traditional Chinese political culture and the modern concept of the rule of law, and by searching for the transformation of the rule of law from traditional to modern modes suitable for China's national conditions, such an examination and discussion has both theoretical value and practical significance for the construction of the rule of law in China in the future. This paper starts from the comparative study of the basic features of Chinese and Western political culture, and analyzes the differences between the two political cultures of the Chinese traditional "rule of etiquette" and the Western rule of law in terms of their historical origins and practical significance, and analyzes the differences between the two political cultures by reflecting on and analyzing the Chinese traditional "rule of etiquette" and the Western rule of law. By reflecting on the lineage of Chinese traditional "rule of law" and thinking rationally about the universal value of the Western rule of law, we have examined and analyzed in depth the inherent tensions and contradictions between traditional Chinese political thought and the modern concept of the rule of law, and revealed three major cultural obstacles to the rebuilding of the "rule of law" and the legal order in China, namely, the "power" and "supremacy" traditions of traditional political culture versus the modern concept of the rule of law. It reveals three major cultural obstacles to the reconstruction of the rule of law and legal order in China: the rejection of the principle of "supremacy of law" by the tradition of "supremacy of power" in traditional political culture; the conflict between the spirit of specificity in traditional "rule of etiquette" and the principle of equality and universality in modern law; and the contradiction between the instrumental orientation of traditional legal culture and the modern concept of "safeguarding human rights and freedom". The conflict between the instrumental orientation of traditional legal culture and the modern concept of the rule of law, which aims at guaranteeing human rights and freedom. Such conflicts and mutual incompatibility further reveal that the complexity and arduousness of building the rule of law in a large country like China, which lacks a tradition of the rule of law, is also unprecedented. After a historical examination of the slow progress of the rule of law in China over the past hundred years and the phenomenon of the traditional "rule of etiquette" hindering the construction of the rule of law, the modern rule of law paradigm shift has been explored: the effectiveness of the construction of the rule of law in China depends critically on whether we can establish a mechanism as soon as possible to realize the traditional "rule of etiquette" to the modern rule of law model. "to the modern model of the rule of law conversion. Specifically, we should start from the ideological concept and the legal system, so that those in power and all citizens really accept the concept of the modern rule of law, and develop the habit of respecting the law and consciously abiding by the law; at the same time, through the establishment of a sound legal system to inherit the excellent results of traditional political culture, and to realize the innovation of the political and legal culture, that is to say, to complete and perfect the system of legislation, law enforcement, judiciary, and legal supervision, and to perfect the legal system, establish legal authority, ensure judicial impartiality, and realize the innovation of the political and legal culture. The system of legislation, law enforcement, judiciary and legal supervision should be completed and perfected, so as to improve the legal system, establish the authority of law, ensure the justice and realize the effective supervision. The purpose of this article is to illustrate that: the construction of the rule of law in modern China is a heavy task and a long way to go, it must follow the rule of law ****, but also to adapt to the individual differences in national conditions; not only to follow the successful experience of the rule of law in the West, but also to withstand the influence of the traditional "rule of etiquette" is y rooted; not only to absorb external learning, but also not to break the tradition. Therefore, to build a socialist rule of law country with Chinese characteristics, we must recognize the value of the Western culture of the rule of law, and learn from it and draw on its valuable resources as an integral part of building the foundation of China's culture of the rule of law. At the same time, the traditional "rule of law" culture should be repositioned, the original values of remodeling, activation, updating the traditional concepts, for the lack of the rule of law growth of the spirit of the foundation, we must carry out a creative transformation, absorbing the essence of the rule of law in the West, the integration of Chinese and Western cultures, in order to realize the modern transformation of China's traditional political culture, to achieve a solid cultural foundation for the realization of the rule of law country. To realize the rule of law to lay a solid cultural foundation.