中国现代法律文化价值取向.pdfVIP

Abstract As a macroscopic new thought of law,legal culture is being paid attention to in academic circles day by day．The meaning of it is the sum total of relatively stable legal standards，legal institution，legal facilities，legal ideological system，people’S legal conscioosness(consist of legal psychology and legal idea)and its external modes of behavior(which Can produce consequences)which are approved by a nation in the coarse of its people’S long—term common lives．Legal culture Can be divided as： @intemal legal culture，namely legal consciousness；@external legal culture，consist of people’S modes of legal behavior,legal standards，legal institution，legal facilities and legal ideological system．The whole tendency of value of Chinese modem legal culture is the organic fusion of public law culture and private law culture，and private law culture will be put first．Its concrete expression lies in freedom and justice(as culture idea)，second mle of law(as culture attribute)and“individual-contract’(as culture pattern)．The internal tendency of value of Chinese modem legal culture will be“two-way standard outlook”，namely the combination of traditional collective (“ty)standard outlook and modem individual(right)standard outlook，and the individual(right)standard outlook will be put first．External tendency of value will be second legal mall at the level of the modes of behavior,just and rational procedure at the level of standards，deepening the norms of govemmental actions and marketable operation at the level of institution，practicality,easy to operate and perfection at the level of facilities，popularization and fineness of the theory of thought at the level of legal ideological system．Owing to the conception of treating law as tools and the thought of legal culture power greater than law still existent，and because of the higIlest pursuit of legal value still being stability and harmony of public order,some tendencies of value contrary to requirements of society ruled of law have