Traditional Culture Encyclopedia - Traditional festivals - The essential difference between traditional rule of etiquette and modern rule of law on page 33
The essential difference between traditional rule of etiquette and modern rule of law on page 33
Traditional China is basically a society maintained by "rule by courtesy", instead of relying mainly on "law" as in western society. It is of both theoretical and practical significance for the future rule of law construction in China to investigate and analyze the internal contradiction between China's traditional political culture and modern concept of rule of law, and to explore the transition from traditional to modern rule of law mode suitable for China's national conditions. Starting with the comparative study of the basic characteristics of Chinese and western political culture, this paper makes a serious comparative analysis of the differences between China's traditional "rule by courtesy" and the western rule of law in historical origin and practical significance. Through the reflection on China's traditional "rule by courtesy" and rational thinking on the universal value of western rule by law, this paper deeply examines and analyzes the internal tension and contradiction between China's traditional political thought and modern rule by law, and reveals three cultural obstacles to the reconstruction of "rule by law" and legal order in China. The conflict between the special spirit of traditional "rule by courtesy" and the principle of equality and universality of modern law; And the conflict between the tool orientation of traditional legal culture and the modern concept of rule of law aimed at safeguarding human rights and freedoms. This conflict and incompatibility further reveals that the complexity and arduousness of building the rule of law in China, a big country lacking the tradition of rule of law, is unprecedented. After a historical investigation of the slow progress of rule of law in China in the past hundred years, the traditional rule of law hinders the construction of rule of law, this paper discusses the transformation of modern rule of law mode: the key to the success of rule of law construction in China lies in whether the mechanism to realize the transformation from traditional rule of law to modern rule of law mode can be established as soon as possible. Specifically, we should start with ideology and legal system, so that rulers and all citizens can truly accept the modern concept of rule of law and form the habit of respecting the law and consciously abiding by it; At the same time, by establishing and perfecting the legal system, we can inherit the outstanding achievements of traditional political culture and realize the innovation of political and legal culture, that is, improve and perfect the legislative, law enforcement, judicial and legal supervision systems, improve the legal system, establish legal authority, ensure judicial justice and realize effective supervision. The purpose of this paper is to explain that the construction of the rule of law in modern China has a long way to go, not only to follow the law of the rule of law, but also to adapt to the national differences of personality; We should not only imitate the successful experience of western rule of law, but also bear the deep-rooted influence of traditional "rule by courtesy"; We should not only absorb foreign learning, but also split the tradition. Therefore, to build a country ruled by law in Socialism with Chinese characteristics, we must recognize the value of western culture ruled by law, and learn from the valuable resources of western culture ruled by law as an integral part of building the foundation of China culture ruled by law. At the same time, the traditional culture of "rule by courtesy" is repositioned, the original values are reshaped, it is activated and the traditional concepts are updated. For the lack of spiritual foundation for the growth of rule of law, we must carry out creative transformation, absorb the essence of western rule of law, and integrate Chinese and western cultures, so as to realize the modern transformation of China's traditional political culture and lay a solid cultural foundation for the realization of a country ruled by law.
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