Professor William P. Alford of Harvard Law School mentioned in an article，In the 1970s，He is studying for graduate students.，But the famous Sinologist Arthur F. Wright is completely puzzled by his interest，Ask him doubt: "Young people，You look very smart，Why do you waste time in Chinese legal history? "Professor An Shoulian said，This is the first substantial problem he encountered when he was in a graduate student。Rui Wo Shou (1913-1976) is American，Doctor of Harvard University，Long -term professor of Yale University，It is one of the founders of Sinology in the United States。When you are a teenager，He travels to China and Japan with his parents，Fall in love with Buddhism and Oriental Culture，During the graduate student, I went to Beijing twice during the graduate student，Mother tongue English also communicates、Day、method、Four languages ​​in Germany，Research on ancient Chinese Buddhism and Confucianism。Saying that Professor Rui Wushou does not understand Chinese history，I'm afraid no one believes，But he treats the history of Chinese law like this，Other scholars can also be imagined。

Always，Sinology and Chinese studies in the United States are very developed，But it was very few until the 1990s' special research on Chinese legal history，The study of many scholars ignores the existence of law and law in Chinese history at all，Or put them on a very edge position。This is the view of Westerners，We are not optimistic here。Since the evening，Knowledge people often wear Western colored glasses bet365 Play online games to look at Chinese traditional laws，To the present，Most teachers and students of the law school in my country are almost known for Chinese legal history，I only understand some textbooks of textbooks，It is believed that ancient China was human rule，Law "Torture -oriented", etc.。The history of Chinese law for thousands of years of the emperor，It was summarized by such three words，It's a pity。The history of Chinese legal in their opinion，It is often just a negative textbook compared with modern laws and legal concepts。

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Given that Chinese knowledge people have criticized the Chinese law traditions in modern times, either misunderstood the ancient law，Either attach them as a legal type in the West，"The Historical Connection of Li and Law: The Historical Connection of the Fa" (Revised Ben)，The original face of restoring traditional Chinese law。The book distinguishes the ancient law and traditional law，The real appearance of traditional Chinese social law is ancient law，Is the wisdom of the ancients，And the understanding and construction of ancient laws is traditional law。It can be said that the ancient law is a fact (fact)，and the traditional law is the understanding of researchers、interpretation (interpretation) and reconstruction，There is only one fact，Interpretation can be different due to the different tools or theoreticals used。In this sense,，Any research on ancient law is building a traditional law。The ancient law has ended with the revision of the new law and the constitutional movement at the end of the Qing Dynasty，Traditional laws have different forms，Different constructions will see different traditional methods，But the "Chinese bet365 Play online games traditional law built by many scholars in China in modern times is based on Western law as a reference，The negation of the ancient law is more than the basis of affirmation "，This traditional method is to connect to the West，and the truly valuable traditional law should be a bridge connecting the ancient Chinese and modern laws。The book is committed to based on rigorous ancient law literature and historical materials，Clarify all kinds of misunderstandings about ancient law，Re -construct China's traditional law，and discuss the development and characteristics of traditional Chinese law，So as the real situation of ancient law and law in the field。

In the opinion of the author of the book, it seems that the author of this book，Ancient Chinese law not only includes "punishment" and "law"，Instead, there are two forms of "ritual" and "law"，The two are not opposite，but the community that complements each other。Fa includes the codes promulgated by the ancient dynasties、Law、Laws of entities such as commands，It also includes some township regulations and family treaties and family laws and regulations。The scope of gifts is more widely，From the perspective of institutional level，On the one hand, gifts are the rules and rituals of national institutionality，Including the ritual of the court and the etiquette of different social levels，For example, the sacrifice of the court，Different levels should enjoy different specifications of eating and living and traveling; on the other hand, gifts are formed by ordinary people in daily life and rules，is the basic specification of a husband's sprinkler scanning。At the same time，Li itself also contains the value pursuit of traditional bet365 Play online games Chinese law，If fair、Harmony, etc.。Li is not generated out of thin air，It comes from the teachings of the sages，It is also a specification formed in the public life and private life of Chinese people for a long time，closely connected with people's lives。A person is not only educated and influenced by a person from birth，I will continue to practice the norms of the ceremony in life。Li itself is also recognized or acquiesced by the country，So it and the law constitute the norm system of ancient Chinese laws。Under such legal diversification，The law itself is the law written in writing by the elite，Rongtianli、One in human relationships and national law，It is mainly implemented by state organs，The specifications in people's daily life are rituals。People are restrained from each other，Therefore, most civil disputes can be solved without the intervention of national power.，So here，Forms a natural harmonious order。Under this order，Traditional Law is not only compulsory，At the same time, it is still considerate of micro daily life specifications，In addition to solving disputes and maintaining order，Can also settle life and heart。These are the lack of modern law。

　Concentrate on Chinese people's hearts and life with traditional Fa wisdom

Starting from the late Ming and early Qing dynasties，Huang Zongxi and other thinkers began to criticize the traditional law they built，Calling it "a family method" and "illegal law"。Late Qing Dynasty，With the worsening of the national crisis，Knowledge people more violently criticize tradition。When the new law is revised in the late Qing Dynasty，Participants have argued fiercely on whether the composition of the traditional law is retained，Although the Bet365 app download two parties finally reached a compromise to a certain extent，But the new law is mainly guided by the laws of law that advocates the separation of law and morality，Based on individualism and contract concepts，Basically abandon the traditional law。After the founding of the Republic of China，Vientiane update，Complexation of traditional society，The unity and continuity of the traditional law are cut off，While the warlords are tense，Moral corruption，Moral corruption，Shi people sighs: The Republic of China is not as good as Daqing。But the anti -traditional tone has not changed，The May 4th Movement period is more strong anti -traditional trend，Mr. Lin Yusheng calls "solve problems with ideas and culture"，That is to attribute all problems in China to Chinese traditional culture at that time。In such an atmosphere，The rules and boxes in the "Six Dharma Books" in the Republic of China are clear and clear，Most of the judges have also drank foreign ink，But the status of the rule of law in the Republic of China is not satisfactory，Abandoning French tradition is one of the reasons。

The legal knowledge at that time was imported products，No localization，Many of the legislators are facing foreign doctoral caps，Say fluent foreign text，Familiar with the legal concept of the West in the chest，But I know very little about the daily life of ordinary Chinese people，Chinese Economy and Chinese Economy for Chinese Traditional Law、Politics and social concepts are very strange，Instead, I hope to use new laws to regulate and transform the life of ordinary people，But many of these laws are irrelevant to the norms in ordinary people's lives，The people's habits and concepts Bet365 app download that the people have maintained for many years need to be changed with legal changes，People’s lives are naturally chaotic，The law must not get good effects。So the fundamental problem of Westernization of the Republic of China is the life of the Chinese people who are separated from the Chinese，Therefore。

After the Revolution of 1911，Kang Youwei's Pain in the New Republican era chaos and degeneration，At that time, the "Fan of the Old Manchuria served，It is eliminated without asking for gains and losses，Fanfa、Political and Education Customs of the United States，It is not compared to its right and wrong, "，Therefore, the customs and habits of China have been destroyed for thousands of years，leading to "Digesty Breakout，Rites and education are all micro "。But the Westerners established the Republic but more conservative tradition。What is regrettable is the former reform reform leader，At this time, it becomes the old person who maintains the traditional law。He deeply realized that after abandoning the tradition of abandonment，Destruction effect on society。Kang Youwei's view is biased but thought -provoking，Since the evening，China has experienced several large -scale legal transplants，At the political system, regardless of，Legislators want to use the legal concept of transplantation to reshape the life of ordinary people，But the Westerners' good law and beauty，When we arrived here, north orange north，A fierce trouble，In the end, people are people，Method is method，Still traveling is。Because the law is fundamentally the rules from society，Society is formed on the basis of culture and historical accumulation，Therefore, all the laws are inseparable bet365 best casino games from the origin of traditional。Now，We are in an era of ancient and modern China and the West，But the traditional Chinese cultural tradition affects every Chinese，The law of the life norms of Chinese people should be based on Chinese culture，Traditional method is an important part of these cultural genes。

　(Author Unit: Shaanxi Normal University "Belt and Road" Construction and Central Asian Research Coordination Center)