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儒家伦理长期以来对我国社会有着深远的影响。在中国经济转型时期,要进行法治中国的构建,就很有必要对传统文化进行反思,特别是作为它核心内容的儒家伦理。现阶段,儒家伦理依旧影响着人们的思想和行动,成为现今我国法治社会构建的思想桎梏,这个思想桎梏表现为现行的大量法律在现实中并未得到真正的尊重和遵守。要解决这个问题,就必须对以儒家伦理为核心的中国传统伦理文化进行研究,从儒家伦理与法治精神不同层面的冲突对立来分析,以期对儒家伦理有所扬弃,通过改革旧的儒家伦理,建立符合时代需要的社会主义新伦理,从而对现代法治精神的树立有所裨益。
Confucian ethics has long had a profound impact on our society. In the period of China’s economic transition, it is necessary to reconsider the traditional culture in order to construct the rule of law in China, especially Confucian ethics as its core content. At this stage, Confucian ethics still affects people’s thoughts and actions and becomes the current thinking of the construction of a society under the rule of law in our country. This idea is expressed in the fact that a large number of existing laws have not been truly respected and adhered to in reality. To solve this problem, we must study the traditional Chinese ethical culture with Confucian ethics as the core, analyze the conflicts from different levels of the Confucian ethics and the spirit of the rule of law, with a view to discarding the Confucian ethics, reform the old Confucian ethics, Establish a new socialist ethic that meets the needs of the times and thus benefit the spirit of the modern law and order.