中华法系的传承与重塑OA

The concept of the Chinese legal system originated in modern times and has since accumulated substantial research achievements.Studying the Chinese legal system is,in essence,a process of deepening the understanding of China's traditional legal institutions,legal thoughts,and even legal culture.The Chinese legal system is not only closely related to the inherent national conditions such as ancient agrarian-based economy and patriarchal clan systems,but also influences neighboring countries for a long time,facilitating the global dissemination of Chinese legal culture.Examining the history of the Chinese legal system clearly reveals its vertical transmission and continuous evolution generation by generation,which aligns with the developmental perspective of historical materialism.It exhibits both continuity and innovation in accordance with the characteristics of different eras.Therefore,the Chinese legal system should not be simplistically understood as merely a historical phenomenon.On the whole,it has not vanished but is undergoing a challenging process of transformation,renewal,and reshaping.In the context of the great rejuvenation of the Chinese nation,inheriting and reshaping the Chinese legal system requires,on the basis of scientifically clarifying its conceptual framework,extracting from both theoretical and practical perspectives the legal thinking and theories that transcend time and space,as well as principles,systems,experience,and lessons from legislation and judicature.It also entails scientifically summarizing the patterns of the emergence and development of the Chinese legal system and identifying its points of convergence with contemporary rule of law,thereby organically integrating it into the development of the socialist rule of law with Chinese characteristics.This constitutes an extremely arduous scientific research endeavor as well as a glorious historical mission.