论文部分内容阅读
我国传统法律文化积累了极其丰富的内容,并呈现出优劣并存的特征,因而其对当前和谐法制建设的影响是双重的。我们在关注其负面因素的同时,应将重点放在对其合理内核的批判性借鉴上,具体而言,主要包括:以传统和谐观念为借鉴,推动法律体系的和谐化;以传统仁政观念为借鉴,推动刑罚体系的宽缓化;以传统民本观念为借鉴,推动民生建设的规范化;以传统道德观念为借鉴,推动道德建设的法制化;以注重调解传统为借鉴,推动调解法制的完备化;以注重习惯传统为借鉴,推动公众对法的认同感;以注重教化传统为借鉴,推动法制教育的制度化。
The traditional legal culture in our country has accumulated an extremely rich content and has shown the characteristics of coexistence of advantages and disadvantages. Therefore, its influence on the current construction of a harmonious legal system is double. While we pay close attention to its negative factors, we should focus on the critical reference to its reasonable core. Specifically, we should mainly include: using the traditional concept of harmony as a reference to promote the harmonization of the legal system; Draw lessons from and promote the detente of punishment system; use the concept of traditional people as a reference, promote the standardization of people’s livelihood construction; use traditional morality as reference to promote the legalization of moral construction; promote the mediation legal system by drawing lessons from mediation tradition ; To focus on traditional habits as a reference, to promote public awareness of law; to pay attention to the tradition of education as a reference to promote the institutionalization of legal education.