Reconstruction of the History，It is the self -revolution and improvement of the discipline of law and history，On the basis of fully respecting previous academic achievements，Persevere right，Create a new saying，Create a new saying，Extremely comprehensive、Correctly explain the history of Chinese legal development。Why should I repeat the history of Chinese law? Briefly，Challenges from scientific research and reality: First, new unearthed、A large amount of legal information and the fruitful results of the collation of the handed down legal documents，There are serious defects in the history of law history，More misunderstandings; second, the traditional legal history research thinking mode is no longer suitable for the needs of legal teaching and cultural construction。The essence of traditional French culture must be tapped，The excellent components of the ancient legal system are borrowed and absorbed by the ancient legal system into contemporary rule of law construction services，It must further develop academic vision，Improvement research method。

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Rich legal literature indicates，Some important arguments to support legal history that have been circulated for a long time need to be corrected，The concepts used in the study of law history and the scientific nature of academic terms also need to reflect。For example，"Legal Confucianization", "Dharma", "Law of the Dharma", "Judicial Administration", "Ancient Law of the Law", "Ancient Economic Legislative Legislatives" and the "Law Law System" of the Ming and Qing Dynasties、The "History Book of Official Revision" or "Administrative Code" said、The "No Ling" said in the Ming Dynasty、The theory of "Regulations specifically referred to criminal regulations" in the Qing Dynasty、"Bet365 app download Case of Case of Case" theory，Some belong to the judgment，Some are biased or defects，Some need to pass repeated argument、Contents can judge whether it is established。How to view and accurately explain the "Materials"，How to scientifically explain the relationship between "ritual" and "law"、The status of law changes, etc.，You also need to think carefully and continue to discuss。

Looking at the results of the results，The use of legal terms is more chaotic，Misty greater。For example, "legal system", "legal style", "Confucianism", "legalist", "rule of law", "rule of law", "ritual governance", "ritual law", "economic law", "jurisprudence", "regulations", "cases", "cases", "cases", "cases" "Materials", "Civilian Law", etc.，Some are confusing concepts，Each says each;，Connotation is different from the extension;，Inference、Describe the middle and late legal system，And ignoring the legal terms and connotations of Chinese history and its connotation are also developing;，With the conclusion of imagination。So，Correctly explain the basic point of view of legal history，It is a major question that is related to whether the subject of legal history can absorb ancient traditional law and cultural essence。

　　Broaden academic vision

So far，The discussion of the history of Chinese law in the academic community is far from being objective、Fully reflect the appearance of the ancient legal system，Many important areas have not yet developed，Some have not yet involved。For example，Food Law is an important part of the ancient Chinese legal system，The preliminary results of the preliminary results of the preliminary results compiled by the previous Yuan Dynasty the law of food and the Ming and Qing dynasties, which began in recent years，Ancient food and cargo law, whether it is the total legislative amount，still the importance in national governance，Not as much as criminal law。The word "food cargo"，Is an ancient economy、bet365 best casino games Finance、The collective referred to as finance。The connotation of the ancient "food cargo method" is relatively broad，Economy、Finance、Finance、Features combined with administrative law，Not to mention the concept of expressing the use of "food cargo law" in the "economic law" is not accurate，In terms of research status，The discussion of this field has just started。Edites and Food Legal Thoughts of Ancient Food and Cargo Law，Many can be used as a contemporary economy、Finance、Reference for financial legislation，Need to dig carefully、Research and Summary。

Another example，In the ancient Chinese legal system，The law promulgated by the imperial court，There are also a large number of local laws and decisions promulgated by local officials，They together constitute a complete legal system。Local law is the implementation rules of the basic law of the country，Quantity is vast。Local legal literature contains the rich experience of implementing national laws to grassroots and local people's autonomy，For the reference value of contemporary rule of law, great value，So far，The research in this area is still extremely weak，You need to pay special attention。

　　Breakthrough in the restraint

Bonded by the idea of ​​"torture -oriented"，In the past Chinese legal thought history tutorial and research results，Most of them are limited to the research of criminal law ideology。In terms of research depth，Research on legal ideology in ancient times is relatively good，And after the Han Dynasty, basically apply the pre -Qin to Han Confucian、The basic point of view of the legalist "Painting Painting Scoop"，Makes people mistakenly think that the legal thoughts have not developed after the Han Dynasty，This is not in line with historical reality。The real situation is，Diversified legal ideas in China、Rich、Broadcasting。Diverse legal thoughts have their own characteristics，Following the attention of all ages、Propositions that have a general guidance theory or elaborate，Such Bet365 app download as "Li and Law", "Morality and Penalty", "Governance of Rule of Rule and the Law", etc.，There are also legal ideas related to various laws，Ru Guan's legal thought、Legal thoughts of food and cargo、Military and Political Legal Thought、Civil legal thought、Supervision Law Thought and Judicial Thoughts，There are also legal doctrine with the characteristics of the times，As the theory of "Case" after the Tang Dynasty、"Code Relations" Theory、"separation of administrative sanctions and punishment" theory，The doctrine of Legislative Technology, etc.。In Chinese history，Any major legal change and the formulation of law，Guided by legal ideas。The legal system is continuously improved，Legal thoughts are also continuously enriched，Even the same doctrine is developing and changing，Do not simply apply the previous generation of legal thought describing descendants' legal ideas。

Another important reasons for the history of Chinese legal thought in the past for a long time，It is closely related to the influence of "Chinese legal Confucianism" theory。This assertion guides people is limited to excavating legal ideas from Confucian theory。Not to mention the Han Dynasty for falling，The connotation of "Confucianism" and "Legalist" is compared to the pre -Qin Confucianism、French school has changed a lot，A orthodox legal idea was formed by integrating each other。Just pre -Qin Confucianist、French doctrine observation，Not all laws in ancient China are "Confucianism"。Objectively，Pre -Qin Confucian、Fa two ideas on the impact on ancient laws huge，Confucianism to officials、Rites、Criminal、The influence of civil law dominates，Dano、Name、Yin and Yang、Tao、Farmers、Bing、Medical、Miscellaneous Son Baijia，It also affects the legal system and legal culture to varying degrees。For example，Household laws are also deeply influenced by farmers' thoughts，Military law is affected by the bet365 best casino games thought of the soldiers.，Forensic literature is more affected by doctors，Simply use "Confucianization" to express it too much。

　　Fully respect history

The legal system after Qin and Han dynasties in China，From the level of legal effect，from the Supreme Code、Basic Law and Mutant Law: Three -level composition，It has similarities with the hierarchical structure of the contemporary Chinese legal system。In ancient times, the experience of continuous improvement of legal system and legal compilation，It has a realistic reference meaning for improving the improving contemporary China with the constitutional legal system。The controversy of the discussion of ancient Chinese legal systems in the academic community，There are five different perspectives in general，That is the "Law System" theory、"Ritual Law System" said、"Six Law System" said、The theory of the "Law System" of the Ming and Qing Dynasties and the "Code System" theory。The connotation of the "legal system" does not understand，Different angles of elaborate，Examine the information occupied by ancient legislation，is the main cause of cognitive differences。

According to the current legal theory，"Ancient Chinese Legal System" refers to all the legal norms of various dynasties in ancient China，The systematicization of the formation of the combination of legislative achievements in different legal forms and its expression、Unified overall overall organic connection。To correctly express "Ancient Chinese Legal System"，Must pay special attention to the following three points。One，"Legal System" and "Chinese Law Department" are two concepts that are both connected and different，Strictly distinguish between the two，Do not confuse。"Chinese Law Department" is proposed in the sense of comparison with world law，Its content includes the historical tradition of the law and the unique legal system、Legal thought、Legal culture, etc.，Its region involves ancient China and affected East bet365 Play online games Asia、Southeast Asian countries。"Legal System" is from the form of legislation、The angle of the classification and the overall legal structure。Its two，Express the legal system of a certain dynasty or a historical period，Its content should cover all legal specifications。Its three，Ancient Chinese legal system from germination、Formed to continuous improvement，After a long development process，Main legal forms have changed after the Song Dynasty，The expression of the legal system should fully reflect these changes，and reflect the organic connection between various legal forms and their legislative results、Outline Relationship。In short，Explanation of the ancient Chinese legal system，It should fully respect history，Try to meet the actual legislation as possible。

　　Focus on judicial literature research

The existing ancient judicial literature Khan Niu Chongzong，As far as its content is concerned，Mainly two types: First, specifications、Documents to guide prison lawsuits and summarize judicial experience，We call it the judicial guide classmate; the second is the case set compiled by the ancients and the ancients。In the past research，Little involves the judicial guideline literature，For the case of judgment case，There are heavy cases、The tendency of light judgment，This weakens the scientific nature of the research results to a certain extent，So，Both must be combined。

In the study of ancient judicial system，There are also some traditional views that need to be re -recognized。For example，People usually summarize the characteristics of "integration of justice and administration" as the characteristics of ancient legal system。Looking at the position of the ancient judicial institution，Sui、Tang、Song、Ming、The Ministry of Criminal Ministry is set up in the Qing Dynasty、Dali Temple，The Ministry of Criminal Ministry and other institutions in the Central Committee of the Yuan Dynasty，Specialty judicial trial and review，It is not so accurate bet365 best casino games to call it "unity of judicial administration"。Another example，Many works describe "Case" as "judicial jurisprudence"，But check the existing judgment case literature，The word "Case"，The ancients usually refer to the official document file，It also refers to the case or administrative administration determined in the lawsuit、Preceding of economic affairs。Ancient cases have justified judicial cases that are dominated by criminal cases，More cases in administrative officials，Defining the concept of "Case" as "judicial jurisprudence" is undoubtedly inappropriate。

(The author is a member of the Honorary Department of the Chinese Academy of Social Sciences、Researcher Institute of Law)