浅议中国传统法律文化的现代价值

中国传统法律文化以儒家思想为主导，融合了法、道、释各派学说，以天人感应为哲学基础，以德主刑辅、三纲五常为主要内容，追求“无讼”理想。现代意义上的法治来源于西方民主政治，核心在于防范政府权力滥用、确保人民权力得以行使。社会主义法治建设走的是政府推进型道路，是自上而下的强制性制度变迁。立根于中国传统法律文化，充分发扬和保留传统法律文化中的优秀成分，对社会主义法治有重要意义。

A Probe on the Modern Value of Traditional Chinese Legal Culture

Traditional legal culture took Confucianism as the leading idea while combining the ideas of Legalists, Taoists and Buddhists, regarded the interaction between heaven and mankind as its philosophical base and virtue primary and punishment secondary, the Three Cardinal Guides and the Five Constant Virtues as its major content and sought the ideal of ＂non -litigation＂. Modern legality originated from western democracy and politics with prevention of government power abuse and the implementation of people＇s right as its core. Faced with the conflicts between two cultures, China shall fully make use of and keep some excellent parts of traditional legal culture, which is of great significance to socialist legality.