Traditional Culture Encyclopedia - Traditional festivals - What is the difference between the traditional legalist school and the current legal system?
What is the difference between the traditional legalist school and the current legal system?
First, the theoretical basis is different.
China's current jurisprudence is based on western legal theory.
China's traditional legalist thought is based on China culture. It can be said to be a self-contained system.
Second, the ways and sources of realization are different.
Traditional legalist thoughts and laws safeguard the interests of the upper feudal aristocracy through the power in the hands of the monarch. Emphasize strengthening the centralization of monarchy.
The modern rule of law is based on the will of the overwhelming majority of the people and takes the Constitution as the highest principle. It is a legal provision formulated by the Basic Law, aiming at safeguarding the most fundamental interests of the overwhelming majority of the people.
Third, the content is different.
The content of traditional legalist thought and theory is very complicated. Including politics, politics, military and various traditional cultural concepts. This is not a purely legal provision.
The main purpose of the current rule of law is to embody the jurisprudence of democratic politics. (at least in name)
The relationship between the two can only be said to be a link between the past and the future.
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