从“情理法”到“法治生活方式” - 中国法观念的发展逻辑 -

Abstract

Traditional China is a “human feelings, reasons and the law” society, law is closely related to moral emotions, formed a unique legal concept. In contrast, the modern rule of law values the rights and obligations of the people, presenting a different value and concept from the traditional “human feelings, reasons and the law”. The paper takes the turning from traditional “human feelings, reasons and the law” to the modern “rule of law” as the core, divided into six parts. The first part briefly described the research results of the existing rule of law lifestyle, including what is the rule of law lifestyle and how to achieve the rule of law lifestyle. The second part compared the traditional “human feelings reasons and the law ”with the modern “rule of law lifestyle”, analyzed the differences between the two, shows the core advantages of the “rule of law lifestyle”, including the status of law, the issue of fairness and justice, and the issues of “rule of man” or “rule of law”. The third part mainly discussed the core of the transition from “human feelings, “human feelings, reasons and the law ”to “rule of law lifestyle”, that is, the “people-oriented” value. In view of the fact that “people-oriented” needs to be in Chinese law and its practice, it is necessary to start from the values to the practice. The four part discussed the key position of power restriction in the development of Chinese legal concept, from the aspects of rights standard authority regulation, and punishment according to law. The fifth part expounded the role of citizen participation in the development of “rule of law”, and propose perfect suggestions to enhance subjective procedural justice in citizen participation and highlight the advantages of “rule of law lifestyle”. In the last conclusion part, we further analyzed the positive changes that are taking place in China’s legal concept. Although this distance is not smooth, under the “history of shackles” and “cultural ties”, the concept of Chinese rule of law and lifestyle is still waiting for shaping, there is a long way to go.