Peking University、J.D., Yale University，Dean of Fudan University mobile bet365 School、Professor。Research field is Chinese legal history、European Legal History and Comparative mobile bet365。Concurrently serves as a member of the Legal Discipline Evaluation Group of the Academic Degrees Committee of the State Council、Vice President of Shanghai mobile bet365 Society、Member of Shanghai Judges and Prosecutors Selection Committee。

In Chinese tradition，“mobile bet365” usually refers to the rules and regulations formulated by the state，Obvious positivism and instrumentalism，At the value level，"mobile bet365" as a specific rule needs to be combined with value principles such as virtues, etiquette, classics and meanings in practice，So it is quite open。Comparison of legal groups in early empires between China and the West at the beginning of the formation of the system，Especially from the perspective of social power class structure，The reasons for the formation of the above characteristics can be explained to a certain extent。

　　The concept and value meaning of “mobile bet365”

More than a hundred years ago，Yan Fu was translating and introducing Western legal literature，Keeping aware of the major differences in the concept of "mobile bet365" in Chinese and Western languages: "The Western word for 'mobile bet365'，Yu Chinese is reasonable、Ceremony、法、Various translations of the Four Makers，Reviewed by Scholars。” (Yan Fu: "Montesquieu's Meaning of mobile bet365") Contemporary scholars have comprehensively analyzed and analyzed the "mobile bet365" in the Chinese concept and the various traditional Chinese concepts and norms that actually play the role of "mobile bet365" in the modern Western sense. Interpretation，and generally recognized，The literal concept of "mobile bet365" is limited to rules and regulations such as laws and regulations。This is completely different from the pluralistic coverage of Western concepts such as Roman mobile bet365。

At the level of value meaning，China’s concept of “mobile bet365” has prominent state positivism and instrumentalism。The concept of "mobile bet365" in ancient China does not have the meaning and level difference between jus and lex in Latin and other Western languages，Not paying much attention to the legitimacy of the ontology。Pre-Qin Legalism and some Taoism discussions，"Dharma" is generally referred to as shengmo、Weighing、Rules、Measurement and other regulatory tools，The outstanding characteristics of positivist instrumentalism，Liang Qichao called it “mechanism”。"Wenzi·Shangyi" written in the early Han Dynasty proposed: "Those who rule rituals and music by mobile bet365， A tool for treatment，It’s not just a cure。"This theory was inherited by Shi Qian and Ban Gu after their transformation。From now on，China’s concept of “mobile bet365” has prominent empirical normative and instrumental connotations。

In comparison，In the classical period of Roman mobile bet365 (late republican period and early principalist period)，“Dharma” has a stronger value connotation。Although Roman mobile bet365 does not pay attention to abstract induction、Obviously pragmatic tendency，But influenced by Greek culture-including its rhetoric、The influence of philosophical and legal thought，Has a profound imprint of natural mobile bet365 in the understanding of the value of "mobile bet365"。The views of jurists on mobile bet365 and justice during the headship period、The rationality of mobile bet365、Attention is paid to natural mobile bet365 topics such as the spirit of mobile bet365。The most distinctive result of the application of the concept of natural mobile bet365 in ancient Roman thought was its theory of jus gentium。At the same time，In practice，Ancient Roman jurists used concepts such as "aequitas naturalis"，Infusing natural mobile bet365 into the practice of formal mobile bet365，To achieve the inner unity of "mobile bet365" and "justice"。Due to its pragmatic orientation，Ancient Roman jurists did not go deeper into philosophical discussions on natural mobile bet365 and other related topics，But the concept of natural mobile bet365 is still inexhaustible in the Roman legal tradition，And was revived with the rise of Christianity during the monarchy。Therefore，Different from China’s traditional concept of “mobile bet365” which focuses on the external normativeness and practicality of mobile bet365，In the Roman mobile bet365 tradition，The mobile bet365 itself has richer value connotations。

It is not that there was no concern for the legitimacy of mobile bet365 in early Chinese civilization。In Pre-Qin Thought，There are many thoughts and discussions on the source of legitimacy of mobile bet365，Similar views continued in the Han Dynasty。However, some of these discussions are because their schools have not entered the mainstream、Gradually annihilated，Some are mainly concerned about legislative elements、Emphasize that the mobile bet365 should have its roots，Does not change the basic characteristics of the concept of "mobile bet365" in terms of value。

Chinese ancestors endowed the value connotation of legitimacy with more inclusive “rituals”，Because ritual has a fundamental system、Multi-layered meanings such as specific standards for etiquette and evaluation of characters and events。It can be said，The value connotation of Roman “mobile bet365”，In China in a similar era, it is more abundantly reflected in the justification of the legitimacy of "rituals"，China's "mobile bet365" mainly presents the value aspect of practical tools。

　　The boundaries and typing of “mobile bet365”

Chinese traditional Chinese，There is a conceptual “mobile bet365” and a practical “mobile bet365”。Closely related to the value meaning of "mobile bet365"，The concept of "mobile bet365" in Chinese tradition is relatively separated from value requirements，Even after etiquette and mobile bet365 merged，There is still a separation between laws (examples) and reasons。Violate the king's mobile bet365、Love and mobile bet365 are intolerable、The mobile bet365 is not (also) tolerant，Natural principles, human feelings and national laws、Principles of affairs, emotions and laws，The mobile bet365 is unforgivable and the circumstances are excusable，“法” in Chinese expressions often only refers to laws and regulations，Yuwang、Close connection between national and other public power backgrounds，More mandatory tools、Less value color，Relative to the concept of value legitimacy such as emotion and reason。

At the same time，From the practical perspective of functionalism，In Chinese tradition, what actually plays a role in regulating and guiding adjudication is not limited to the legal provisions pointed to by the concept of "mobile bet365"。Legal basis in practice，On the one hand, it includes various judicial guidelines，Like court affairs in the Qin and Han Dynasties、Legal Q&A、Judicial guidelines such as decision ratios and stories，On the other hand, there are judicial principles based on value elements such as ethics, etiquette, classics, and principles。The former is judicial practice、Especially the derivatives of laws and regulations under bureaucratic control，The latter is the embodiment of ideology and moral principles in justice，And beyond the laws and regulations。The intersection of the two is the work of experts in legal studies and classics - legal chapters (mobile bet365 theory)。

Different from the situation in Chinese tradition where the conceptual "mobile bet365" is separated from value elements，Roman mobile bet365 incorporated value considerations such as morality into the category of "mobile bet365"。Through judicial practice and legal scholars’ doctrine，Identity difference、Parental authority、Value elements such as goodwill are organically integrated into the rules of mobile bet365，Become an integral part of "Dharma"。

Terada Hiroaki therefore conducted a typological analysis of the polarity between traditional Chinese methods and Western methods，Generalize the former as "irregular mobile bet365"。On the relationship between "mobile bet365" and other value elements，Chinese mobile bet365 is therefore relatively open，A clear contrast to Roman mobile bet365 as a self-sufficient and self-consistent system。

　　Legal persons in the power structure

The concept of "mobile bet365" in Chinese tradition、Value meaning and type characteristics，It can be explained to a considerable extent from the perspective of a legal person。In a specific social class and power structure，The status and role of legal persons (except scribes) have a significant impact on "mobile bet365"。

Continuing the turbulent situation in the Eastern Zhou Dynasty，In the early Qin and Han Dynasties, stable social class forces had not yet formed；Confucian scholars and bureaucrats after the mid-term period、The power of the family gradually develops in the late period，But the former focuses on ideological construction，The latter holds important government positions，Not focusing on the specialized field of “mobile bet365”。Under a centralized system，The legal persons in Qin and early Western Han Dynasty were mainly central judicial officers，They come from diverse backgrounds，But they are all obviously bureaucratic，Generally, they are vassals of the imperial power。The Confucian-scholar-official class that emerged after the rise of Confucianism in the mid-Western Han Dynasty gained considerable say，Form a stable force that may compete with and restrict imperial power to a certain extent，And a group of bureaucratic legal experts appeared。They promoted the process of converging etiquette and mobile bet365，Similar to the way ancient Roman jurists dealt with the relationship between mobile bet365 and morality，Changed the operation of "mobile bet365" in a practical sense。But they focus on building a "ritual" system，The focus is on the broader ideological level，Varsity is only an attachment and extension of Confucian classics，No independent knowledge system of "mobile bet365" has been formed，Therefore no specialized professional-interest groups have been formed。After the middle of Eastern Han Dynasty，Scholars prefer Confucianism，The status of legal studies is gradually declining；To the end of the Eastern Han Dynasty，The Rise of the Family，But despise the study of laws and regulations。Therefore，In the context of a centralized system，The imperial power has a monopoly on "mobile bet365"，The scholar-bureaucrat class who gradually enters the group of mobile bet365 enforcement bureaucracy is relatively weak，Therefore, it focuses on the construction of the Confucian classics system and ideological discourse power of "ritual"，And promote the implementation of laws through this method，Form a pattern in which "ritual" dominates "mobile bet365"。The combination of emotion, reason and mobile bet365 in later generations，is an extension of this situation。

The influence of the legal class and power structure on "mobile bet365" can be verified to a certain extent from the conditions of ancient Rome in different periods。Legal personnel in the early republic and head of state mainly included mobile bet365 enforcement officers、Debaters and jurists，Generally have the status of nobility or knight，Have sufficient political influence and intellectual voice。During the Republic，Philosopher、Orators and jurists are the same group。They use their knowledge advantage and voice，With the help of Greek argumentation and logic，Make "Dharma" into a comprehensive concept，And establish control over "mobile bet365" to a considerable extent。In this sense，Ancient Roman mobile bet365 and jurisprudence had ideological significance。The basis for the rise of the Roman legal professional community，Not due to judicial independence and separation of powers，It is based on the aristocratic tradition of jurists and the specialization of court defenders。

Jurists in the classical period of Roman mobile bet365 shined，Closely related to the relative vacuum state of legislative power during this period。They handle complaints on behalf of the emperor，His doctrine has the effect of mobile bet365。In the interpretation of modern researchers，The jurists at that time had considerable autonomy and authority。As the imperial power becomes stronger、The aristocratic class that produced jurists has declined in power，To the late period of the Heads of State，Legalists are gradually becoming bureaucratized；To the monarchy period，The group of jurists has been completely absorbed into the bureaucracy。The main legal persons in this period were independent mobile bet365 enforcement officers and legal advisors，No longer has the previous independence。At the same time，After the monarch’s power is gradually strengthened，The self-consistent system of legal science cannot be harmonious and compatible with authoritative decrees。

The formation and power of legal professional groups，Is a reflection and result of social class and political power structure，And thus produce different understandings and operating methods of "mobile bet365"。At the same time，After the system is formed，Cultural continuity based on path dependence，Make the relationship between causal factors more complex。Even if the social class and power structure as the basic motivation changes to a certain extent，If there is no disruptive change，The status of legal professional groups、The operation of functions and methods will only produce gradual changes，Even some aspects still continue the original form。