Why does classical natural law lay the foundation of modern rule of law?

After Sun Yat-sen, the influence of western democratic and legal thoughts on China has been exerted from two aspects until now. One is the * * * * law. In the 1920s and 1930s, they had the "Six Laws Book". However, due to the war at that time, these laws did not come into effect until 1949. 1949, they arrived. Today, many civil law scholars in our country have borrowed many works of French law, and the imprint of this system has always existed, because the shadow of the civil law system can be found through the laws of Taiwan Province Province, and the modern civil law system originated from the legal traditions of Taiwan Province Province and Germany; In recent years, the laws of Taiwan Province Province have been greatly influenced by the Anglo-American legal system. In fact, the legal traditions of the continental law system and the Anglo-American law system all originate from the classical natural law which embodies the spirit of democracy and the rule of law. The second is the laws of China. In this respect, the influence of western classical natural law on us is indirect. Our principle is to combine Marxism-Leninism with China's reality, and Marxism-Leninism comes from the West. "Although Marx's theory is quite different from that of classical natural law, Marx's attitude towards all the achievements of human civilization has always been critically inherited. People's sovereignty, violent revolution, law are the embodiment of people's will, everyone is equal before the law, and the integration of thought and action are all related to Rousseau's and Kant's theories in theory. " Therefore, we can say with certainty that our ideal pursuit of democracy and the rule of law was founded by modern western natural jurists.

Since 1980s, we have started the modern era of rule of law in China. In about 20 years, we have established our basic legal system and framework and established a legal system suitable for China's national conditions. Our people's concept of the rule of law has initially changed, and a number of legal experts and scholars have emerged. It can be said that the rule of law in China has made great achievements. But there are great achievements and many problems. The authority of China's legislation is not enough, the quality of legislation is not high, and the number is insufficient. The phenomenon that our law enforcement agencies fail to abide by the law and are lax in law enforcement is still very serious. Our judiciary is not independent in nature, because it has no independent sources of funds and an independent personnel system. The social environment of our democracy and legal system construction is not good, the overall cultural level of the population is low, and the concept of rule of law is weak and extremely imperfect. A considerable number of people regard the law as a tool to control and restrain themselves, which invisibly leads to the opposition to the public security law. These are all difficulties in our progress, but they should not be underestimated. If these problems are not handled well, either the modernization of rule of law in China will return to the old road of rule by man and rule by virtue, or it will move towards extreme democratization. To solve these difficulties correctly, we must first find the problem, analyze the crux of the problem, and then prescribe the right medicine, because only in this way can we avoid the directional mistakes in the modernization of the rule of law in China. After more than 20 years of rule of law construction, people realize that behind a perfect system, certain values are needed to pursue and support it. So people come to a conclusion that "the biggest obstacle to the modernization of the rule of law in China is the lack of a religious tradition similar to Western Christianity, which is even regarded as a major defect of China culture." In their view, it is precisely because of the lack of religious tradition that China's modern legal system cannot be supported by values. Therefore, this is the fundamental reason why we can transplant the western legal system, but we can't make it blossom and bear fruit. This statement implies two opinions and reflects two possible tendencies, namely, practicing "saving the country by Christianity" or deducing the value rationality in line with the spirit of modern rule of law from China's cultural tradition. The author believes that "saving the country by Christianity" is not suitable for China people's values and ways of thinking. It is a theological doctrine of the Middle Ages in the West, which has long been put aside after being absorbed by modern western natural law. The core of the values of China's traditional culture is the word "loyalty and filial piety", which is a local culture with the pursuit of ethics as its goal and obligation as its core, and it is impossible for it to have the conditions for the transformation to modern rule of law. Besides, we don't have to create a set of self-contained China laws from local resources. Now, due to the rapid development of economy and science and technology, countries are not closed to the outside world in feudal times, but increasingly globalized.