| Abstract: | For more than one hundred years, Chinese jurisprudence scholars with the dream of modernization of the rule of law introduced a large number of western legal knowledge, values and methods, and then derived "Chinese jurisprudence" knowledge system which different from the west. By accepting and integrating the elements of democracy, freedom, justice, justice, equality and rule of law, the value system of "Chinese jurisprudence" emerged. Through studying and applying legal reason, legal interpretation, legal argumentation, legal rhetoric and other methods, the methodology system of "Chinese jurisprudence" is established. Chinese jurisprudence provides basic conditions for constructing the discourse system of the rule of law. There are many problems in this process: Lacking of professionalism in the knowledge system construction;Has not realized the integration of Chinese and western in accepting legal value system;Lacking of separation between holistic thinking and systematic thinking and emphasis on logic in the methodology system. China needs to build a legal discourse and theoretical system that can analyze, explain and solve social conflicts in China with the goal of realizing the rule of law. |
