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New bottle of old wine: the value and path of traditional civilization integrating into justice
Author: Xie Jing
Source: Author Author Authorized Confucian Network, published by “Zhejiang Major Research (Humanities and Social Science Edition)” 2024 Issue 1
[Abstract] Modernization is a modernization on the basis of traditional foundation. Promoting the excellent traditional laws and regulations of China is not a self-expected attack on tradition, but based on tradition, and after inheriting it, it promotes tradition, realizing its “creative transformation and innovative development.” Tradition is to pass on the “status” of “living goodness”. Civilization is human civilization, which makes people feel ingrained. For thousands of years, China’s traditional civilization has always changed new data, modified, perfected and exceeded, so it can always maintain the characteristics of “excellence” and will never be extended. Confucianism is the most powerful influence in our country’s traditional era, and is also a school that is good at concealing all rivers and gathering the generals. It promotes the excellent traditional laws of China and allows civilization to advance from Confucianism. In the judicial system, departments that are in harmony with laws can integrate and promote each other; when there are gaps in laws in the field of daily affairs, traditional civilization can be broken and filled out; if there are conflicts between traditional civilization and laws, they should try to coordinate and reconcile. In case judgments, traditional civilization is important to integrate the judicial system through explanations, while the Supreme Civil Court can integrate the traditional civilization when formulating judicial interpretations and publishing guided cases, and set an example for the judicial tasks of courts of all levels.
[Keywords] Chinese excellent traditional legal civilization; creative transformation; socialist focus value view; judicial judgment; judicial value
Author introduction: Xie Jing, female, deputy professor of the Chinese Academy of Political Science and Law, a judiciary student supervisor, doctor of law, and an important part of the study of Chinese legal history.
1. Discussion
In recent years, the Party and the authorities have spread and implemented a series of measures to determine that the excellent traditional civilization of China is “the rich nourishment of the Chinese nation’s endless and prosperous development” and is the “prominent advantage of the development of contemporary China.” In 2016, the CPC Central Office and the State Council Office issued the “Guiding Opinions on Integrating the Value of Socialism into the Construction of the Rule of Law” and proposed “to absorb the essence of Chinese laws and regulations and civilization, so that it becomes the main source of socialism and rule of law civilization.” On November 16, 2020, the Central Committee’s comprehensive rule of law #marriage first and fall in love after love, warm and cool little sweet literature conference specifically emphasized “inheriting the excellent traditional laws and civilization of China”. At the beginning of the new year of the agricultural economy in 2021, the Supreme People’s Court issued the “Guiding Opinions on Deeply Promoting the Focus of Socialism, Value and Views, and Integrating the Legal Discipline of Judgment Documents”. Later, the CPC Central Office and the State Council Office issued the “Opinions on Strengthening the Construction of Socialism, Rule of Law Civilization”, and the CPC Central Office and the State Council issued the “Eighth Five-Year Plan for the Development of the Rule of Law Propaganda and Education of the Central Committee (2021-2025)”. Several documents advocated the promotion.Enter the problem of “Chinese excellent traditional laws and regulations to transform civilization creatively and develop innovatively”.
The traditional source of Chinese laws has been long and condensed the essence of thousands of years of civilization. Unfortunately, since the late Qing Dynasty, it has joined the historical stage with the collapse of the entire traditional system and civilization. Under the century-long development of Western France and the “European Style and Beauty Rain”, various so-called modern legal systems and judicial institutions have been established over the past century, and their scale, quantity, investment, etc. are no longer below other countries. But if you are fair, what are the results? Is the goal of justice really real? Is it really true that solving disputes and maintaining social justice, justice and stability? Is it really better than traditional? Zhu Zi said: “The questioning canal is as clear as possible, it is a source of stagnant water.” At this historical moment, we advocate the inheritance and the promotion of the excellent traditional laws and regulations of China. It is not about returning to the ancients or obscuring the ancients and experiencing the traditions themselves, but about knowing the ancients and inheriting the ancients. and promote tradition, combine the construction of a modern rule of law in China with excellent traditional civilization, and explore the inherent resources and structure the power of improvement from tradition, and truly realize the “creative transformation and innovative development” of China’s excellent traditional legal civilization.
As law researchers, as the invested online single time scholars said, we do not need to simply re-record the proposition of “inheriting and promoting excellent traditional civilization” [①], but should do more practical and practical efforts. There are also many results in the academic community to conduct this trial. For example, law historians often call for the use of the past in their respective specific subjects. There are also many works by law scholars in various departments to sort out the history of law. However, since the focus of these two studies is on points, laws or history, the problem of conducting the innovative transformation of traditional laws and civilization is not significant. In recent years, many discussions on this topic have emerged in the legal theory community, and many reflections on the way of discussion, such as Wang Lingyun and Tu Kai’s assessment from the perspective of legal philosophy [②], Zhu Zhen from “kindness and closeness” and Zheng Yu-dou from “filial piety” [③], and Li Yanjun’s analysis of major civilization concepts such as “family” and “report” [④]. The author believes that China’s traditional legal civilization and its creative transformation can gain the youth of legal theory and departmental legal scholars, which can be said to be a long dawn of legal history subjects that are deeply in a dilemma. However, because legal theory and departmental jurists are important in the academic landscape of Oriental Sect, they have at least one unsatisfactory sympathy for China’s traditional legal civilization. “Use the words of modern Eastern civilization to explain some reasons in Eastern civilization, so as to prove that there are reasons in Eastern civilization that can connect with modern Eastern civilization.” [1] 477, so they can only take the initiative to do the whole of tradition.Criticism/partial inheritance, abstract inheritance/specific criticism [2]. Therefore, this type of discussion today is mostly about exploration of fragmented and specific problems, especially focusing on family ethics.
The author tried to put forward a plan to “creative transformation and innovative development of Chinese civilization from a judicial perspective.” After visiting the history of Chinese law, HanwuSuperior to raise a monthly priceThe integration of Confucianism into the legal system after Emperor Han and Northern Dynasties was also the beginning of the decisive development. Later, the gradual integration of legislation during the Wei Dynasty and Southern and Northern Dynasties was achieved, and the “Tang Law Commentary” in the Yonghui period became the most conscientious legislative rule. This process is not an occasional one, but a certain choice brought about by the relative flexibility, ease of manipulation, and the stability and destruction of legislation. Knowing the past and the present, the creative transformation of traditional legal civilizations will not prevent you from starting from the judiciary. The academic community has also had a certain discussion on this, but these discussions may be more discussed than the discussion, focusing on describing the present situation, neglecting the demonstration to promote the plan [⑤], or focusing only on the departmental faces under this issue, which is not fully understood [⑥]. This article introduces the “old wine” of traditional civilization into the “new bottle” of modern justice, and starts to clarify the connotation of “old wine” that is the excellent traditional legal civilization of China, and then combines the three aspects of “new old wine” that is, the integration of ancient and modern times, the integration of ancient and modern times, the filling of vacancy, and the integration of conflicts between China and the West, and the integration of the existing real achievements, sort out the value and feasible paths of this mission.
2. Traditional civilization an TC:
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