The deadlock of the rule of law, the confusion of Confucianism, the thinking of philosophy

xiaoxiao2021-03-06  28

I remember John King Fairbank, John King Fairbank, said: China's rule of law has a long way to go, the failure of the rule of law is from the cultural roots, which is the failure of culture! Compared with the West, Confucianism and Christianism constitute a cultural opposition and legal differences. .

In order to avoid unnecessary misunderstandings for readers: It is explained that China has improved many legal rules and regulations, and its legal facilities; but what I want to say is that we lack the hidden level of adaptation. Legal Culture Construction. (Note: Refer to the legal culture of cultural structure, legal cultural division and hidden level. Institutional legal culture is a bright culture, including: laws, regulations, legal systems, and legal facilities, it is necessary Maintenance and operation; conceptual legal culture belongs to hidden culture, including: legal psychology, legal awareness and legal thinking. It is deeply deep in society and is the foundation of a country legal culture.

1: From essential: The rule of law is indeed a culture! I have the understanding of it.

Traditionally, the mainstream legal historians regard the modern Western legal traditions as the ancient Roman law, and this language does not do too much attention, and make it a foundation. The Roman era is a highly developed society in a simple commodity. The whole society is a commercial society that breaks the relationship between blood; commodity economic civilization makes this national system with a rational contractual relationship, and there is no supreme king. .

This is crucial, because the ancient Chinese family-style hierarchy (paying attention to respect) has led to the architecture of ancient regime: the national regime centered on Wang Quan is so high! Its so-called "Under the genus, the king of the nod; the pool of the earth, the king minister," China has only one right of one person, that is the emperor. . The people have no rights and democratic concepts since ancient times, and have not given the environment of the rule of law. Of course, these should be due to the doctrine of Confucianism.

2: Chinese culture emphasizes ignores the freedom of eramenting.

Upper decision decided by the economic background. Religious righteousness is just the tools for rulers and fools! So the rulers have created a large number of the concept and theories of authoritarian rule in order to maintain the interests of the Group. For example, "the" right "" surgery "the author's autocracy and the intellectual idea; and use" benevolence "" filial piety "" loyalty "to the world of Confucian tweak. They have been implemented by the national mandatory guarantee! Require personal interests unlimited obedience to collective interests. This is also the speech of Mr. Fei Zhengqing: personal interests and group cooperation is different.

Chinese people are accustomed to obeying and enduring, unlimited compromises have gradually denied people's rights, freedom and personality ... "Be paid" "and for expensive", "Rao people and spare people", everything position It is precocile, go to the two ends, there is no independence, no criticism, no innovation! So it created ignorance, weakness and slave poorer. The results are obvious: obey the established laws, the actions of violations of legal interests are not investigated, and even slavery is dignified, and they are humble. I rarely struggle to legal interests as a taxpayer's right.

3: About equality.

Talent human rights, people equally, such concepts are still unacceptable in people's hearts. The right is bigger than the law, almost become normal! Vassants also enjoy special treatment, China has an old saying, said: "One person has to have a road, the chicken dog is boiled", the three big gods also followed the scenery. Corruption imagination has not been decided. Some people say that this is also the "characteristic" of the Chinese nation. It is really like this. The ancient Chinese society is formed by the blood relationship as the link, so "the human condition is greater than the law, the family is greater than the law" is also since ancient times.

Equal concept, waiting to be cultivated! As far as I personally think: people do not have a poor, only the difference in moral level! The level of level in traditional culture still affects the depth, plus it today, with a colored glasses that wear it, this difference is even more. Especially the people who are inexpeed, it is difficult to talk to government dialogue, and even supervise government behavior even reasonable identity of taxpayers. In addition to the screen of the past, in addition to some of the nine-flow garbage programs, some slightly the money, take Chen Dao Ming's "Kangxi Dynasty", I have seen it twice before and later, it is a conclusion: China is needed Emperor's! It is also a person's right! "Going to Republic" accidentally swept a look, heard a few comments to the Queen 's constitutionalism: "Making constitutional is false, grasping the right", what is the "political correct" and other words, which is the history of history?

In this regard, China did not give the rule of law background and the cultivation of the real environment, and even misleading! Maybe as a friend refutes to me, everyone just looks lively. However, this subconscious impact is rooted! In the course of economic marketization, people anxiously planned to make money, philosophy, history, and national door-class unmanned, from the economic point of view, this is a good phenomenon! If the overall development from a nation is excessive behavior. Today, the United States has known as the information age from the technology era, but many people in the United States are calling on the establishment of American philosophy, the prosperity of technology and immigrants, and its vitality is in fact to be tested by history.

4 breakthrough

"Breaking through its own limited, discover the world's infinite", now think about this sentence, still very tempting. Break through itself, breaking through the old "I", creativity and punching due to breakthrough, the outside world is constantly impacting the narrow heart space, if there is no breakthrough, it will suffer great spiritual pain, and when there is When you dare to announce "I progress!", It means that the new breakthrough has succeeded, meaning that life is more open to a platform.

Cultural breakthroughs are also such a process. Germany is a very gorgeous nation, out of modern a modern literary, philosopher. Although Hitler has caused this nation to suffer an unprecedented disaster, it is no such a huge national disaster to break its own culture. The advancement of German history is worthy of our Chinese to reflect. The breakthrough in German culture occurred in Germany, and that period was called classical period, and the leaders of the cultural circles include Goethe, Heldel, Kant, Hegel, Schiller, Beethoven, etc. However, the history of Germany will be comparable, and its culture is belonging to the British and French culture. Most of Leibnitz is written in English. Breakthrough, first, from the madness of the literary world, the beginning of the philosophy community, Kant's "purely reasonable criticism" began the enlightenment of the ideological circles, and the French enlightenment movement is different, German philosophy from the beginning of the first Rationally criticized and criticized science. It is this breakthrough that makes the political unity of Germany have become a reality, making its nation's vitality have been fully played, and the modern and even contemporary, German culture is full of vision.

China's Confucianism has always been closed for thousands of years. For such cultures, the breakthrough of May 4 has not succeeded, it is a major tragedy, analyzing the cause, may be overkill. China's China has been in carrying out another breakthrough - a step-by-step breakthrough. This era must have a great figure with a great person. However, the resistance is still very large, and the lag of the system is enough to sinate the wisdom of generations. How many scholars have been committed to studying: Why did China have been brilliant and finally tragic? ! It has almost always concluded that the system under the influence of cultural influence, so that the society seriously lacks personality freedom, unconditional obedience, such binding ingredients, the practice of talented and emotions leads to this great nation! Conclusion: Mr. Sun Yat-sen, Sun Yat-sen, divided the social population into three categories: "The first kind of person is called the prophet," is the creator in the world; "The second kind of person is called a later known", can only follow the imitation; " Three people are called unknowing, "can't know, can only go. He believes that most people in China are the third kind of people ...

What to do, everyone has a different thinking .... . . . He didn't say this.

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