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In Chinese tradition，"Law" usually refers to the rules set by the state，With obvious empiricalism and instrumentalism，At the value level，The "law" as a specific rule needs to be combined with the principles of value such as the virtue of the German Scripture，Therefore, it is quite open。Comparison of the legal group of early Empires in the early middle and Western Empire through the system formed，Especially from the perspective of the structure of social power，It can explain the reasons for the formation of the above characteristics to a certain extent。

　　The concept and value meaning of "law"

More than a hundred years ago，Yan Fu when translating the literature of Western law，sharply realized the significant difference in the concept of "law" in Chinese and Western languages: "Western‘ Fa ’Word，It is reasonable in Chinese、Li、method、Different translations of the four，Scholar trial。"" (Yan Fu: "Montesquat") Contemporary scholars in the "law" in the concept of Chinese and the various traditional Chinese concepts and specifications that actually play the role of "law" in the modern sense of the West have have comprehensive analysis and specifications. Explanation，and generally recognize，The "law" in the concept of text is limited to the rules such as the rules。This is different from the diverse coverage of Western concepts such as Roman France。

At the level of value meaning，The concept of "law" in China has outstanding national empiricalism and instrumentalism。The concept of ancient Chinese "law" does not have the significance and layers of JUS and LeX in Western languages ​​such as Latin，It is not intensive in bet365 best casino games the legitimacy of the ontology。In the pre -Qin dweller and some Taoist discussions，"Fa" is generally described as a rope ink、Weighing、Regulations、Measurement and other regulatory tools，Empiricals of Empirical Toolland Promoting，Liang Qichao calls "mechanicalism"。The "Wenzi · Shangyi" of the early Han Dynasty proposed:， Governance，No reason to rule。"This is said to be after the transformation of Shi Qianhe Ban Gu。From this to drop，China's "law" concept has prominent empirical normative and instrumental meaning。

Compared to comparison，During the classical period of the Roman Dharma (the end of the republic and the early head of the head)，"Law" has a stronger value meaning。Although Roman law does not pay attention to abstract induction、Have obvious pragmatism tendencies，But by Greek culture -including rhetoric、The influence of philosophy and legal thought，It has a profound natural method in the value of "law"。Legalists during the period of the head of state、Law of Law、The spirit of the law and other natural law themes are concerned。The most distinctive achievement of the use of natural law concepts in ancient Roman thought is its Jus Gentium theory。At the same time，In practice，Ancient Roman jurists use concepts such as "aequitas naturalis"，In the practice of injecting the natural law into the form of form，Make "law" and "justice" realize the inner unity。Due to its pragmatic orientation，Ancient Roman jurists' philosophical discussion on natural laws and other related topics did not deepen，But the concept of natural law is endless in the Roman French tradition，and can be revived with the rise of Christianity during the monarchy。So，The concept of "law" that focuses on the external normative and practicality of the law with China is different，In the Roman French tradition，The method itself has richer value connotation。

In the early Chinese civilization, it is not Bet365 lotto review no legitimacy of the Fa。In the pre -Qin thought，There are a lot of thinking and discussion about bet365 best casino games the legitimacy of the law，Similar views 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、Emphasizing the law should be the same，It does not change the basic feature of the concept of "law" at the value level。

Chinese ancestors give more legitimate value connotation more "ritual"，Because the ritual has a fundamental system、Multi -layer significance such as specific specifications and evaluation of character events。It can be said，The value connotation of the Roman "law"，China in similar times is more abundant in China.，and China's "law" mainly presents the practical value of the tool。

　　The boundary and type of "law"

Chinese Tradition，The conceptual "law" and "law" in practice。closely related to the value of "law"，The "law" concept and value requirements in the traditional Chinese tradition are relatively separated，Even after the ritual and law flow，Still separation of laws (examples) and reasonable。Crimination of King Method、Unbearableness、Method (also) to show love，Heavenly Law and Man's Emotional Country、Practical reason，There is no way of affection for the law，"Law" in Chinese expression often only refers to the rules of the law，and Wang、The background of public power such as the country is closely connected，More compulsory tools、less value color，Relative to the concept of just equivalent value and legitimacy。

At the same time，From the perspective of functionalism,，The actual situation and guidance of the referee role in the traditional Chinese tradition are not limited to the rules of the concept of "law"。The basis for the source of the law in practice，On the one hand, it includes all kinds of judicial guidance，As the court of the Qin and Han dynasties、bet365 Play online games Legal Answers、Judicial Guidelines such as the resolution and story，On the other hand, the judicial principles based on the value elements such as the German Classics。The former is judicial practice、Especially derivatives of law rules under the section management and control，The latter is the embodiment of ideology and moral principles in justice，and surpass it above the rules of the law。The intersection of the two is the work of the experts of law and classics -legal chapters (laws)。

The situation of the concept of "law" from the Chinese tradition is different from the status of the value elements，Roman Fa incorporates morality and value consideration into the category of "law"。The doctrine of jurisdiction and jurists，Identity difference、Parent authority、Goodwill equivalent value elements in the rules of organic integration method，Become part of the "Fa"。

Temoda Haoming, therefore analyzes the typical type of Chinese traditional law and Western law，The former is summarized as the "non -rule method"。In the relationship between "law" and other value elements，As a result, the Chinese law is relatively open，A clear contrast with Roman law as a self -sufficient system。

　　The legal person in the power structure

The concept of "law" in Chinese tradition、Value meaning and type features，To a considerable extent, it can be explained from the perspective of the legal person。In a specific social class and power structure，The status and role of the legal person group (except scholars) have a significant impact on the "law"。

Continuing the turbulence situation of the Eastern Zhou Dynasty，In the early days of the Qin and Han dynasties, a stable social class forces have not been formed;、Gradually developing the power of the end of the world，But the former focuses on ideological construction，The latter holds the government's important position，It does not focus on the special field of "law"。Under the centralized system，The legal person in the early period of bet365 live casino games Qin and the Western Han Dynasty was mainly central judges，They have multiple backgrounds，but all have obvious bureaucracy，Generally, it is the vassal of imperial power。The Confucian students generated after the rise of Confucianism in the middle of the Western Han Dynasty — the doctoral doctors obtained a considerable right to speak，Forms a certain degree of stability that may compete and restricts the imperial power，and a group of bureaucratic lawyers。They promoted the process of ritual law and law，The relationship between the relationship between the treatment of ancient Roman jurists and the morality is different，In the practical sense, the operating status of the "law"。But they are focusing on constructing the "ritual" system，Following points lies in a broader ideology level，Law learning is just a subsidiary and extension of scriptures，Independent knowledge system that has not formed "law"，Therefore, there is no dedicated occupation -interest group。After the middle of the Eastern Han Dynasty，Scholars prefer the Confucian Classic，The status of law learning has gradually declined; to the end of the Eastern Han Dynasty，The rise of the world，But the learning of the humble law。So，In the context of the centralized system，The imperial power is monopoly for "law"，Scholars and doctors who gradually enter the law enforcement bureaucratic group are relatively weak，Therefore, the constructing and ideological right to construct and ideological discourse that focuses on the "ritual"，and promote the implementation of the law in this way，Form the pattern of "law" dominated by "Li"。The binding of the reasonable law of later generations，It is an extension of this situation。

The impact of the legal person class and the power structure on "law" can be verified to a certain extent from the conditions of the ancient Rome period。The legal person in the bet365 best casino games early stage of the republic and the head of state mainly includes the enforcement judge、Examiner and jurist，Generally there is noble or knight identity，Have enough political influence and knowledge of knowledge。During the Republican period，philosopher、Speaker and jurist are the same group。They use their own knowledge advantages and right to speak，With the help of Greek debate and logic，Create the "Law" as a concept of rich use of culverts，and to a fairly extent constructing the control of "law"。In this sense，The law and law of ancient Rome have ideological significance。The basis of the rise of the Roman legal professional group，Not due to judicial independence and decentralization，but the specialization of the aristocratic tradition of the jurist and the court defender of the court。

Roman Fa -class classical jurists to shine，Paiders are closely related to the relative vacuum state of the legislative power in this period。They handle their appeal on behalf of the emperor，The effectiveness of its doctrine gains the method。In the interpretation of modern researchers，The jurist at the time had quite strong autonomy and authority。With the power of the imperial power、The power of the noble class of the jurist is declining，to the post -heading system，Jurists are gradually bureaucratic;，Legalist groups are completely absorbed into the bureaucratic system。The legal person of this period is the exclusive enforcement and legal consultation，No longer has previous independence。At the same time，After the monarch's power is gradually strengthened，The self -consistent system of law cannot be harmoniously compatible with authoritarian order。

The formation of legal professional groups and its power，It is a reflection and result of the social class and political power structure，and then generate different understanding and operation methods of "law"。At the same time，Bet365 app download After the system is formed，Cultural continuity generated based on path dependencies，The role of causal elements is more complicated。Even if the social class and power structure of the basic movement change to a certain degree of change，If a disruptive change is not formed，status of legal professional group、The operation and the operation of the law will only produce gradients，Even some aspects continue inherent forms。