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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 empires 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 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‘ Law ’Word，It is reasonable in Chinese、Li、method、Different translations of the four people，Scholars for review。"" (Yan Fu: "Montesquien") Contemporary scholars in the concept of Chinese concepts 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 differences and layers of the significance and layer of JUS and LeX in Western languages ​​such as Latin，It is not intensive bet365 best casino games in the legitimacy of the ontology。In the discussion of the pre -Qin dwellers and some Taoist discussions，"Fa" is generally described as rope ink、Weighing、Regulations、Measurement and other regulatory tools，The characteristics of empirical instrumentalism are prominent，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 fall，China's "law" concept has prominent empirical normative and instrumental meaning。

Comparison of comparison，During the classical period of 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、With obvious pragmatism tendency，But by Greek culture -including its rhetoric、The influence of philosophy and legal thought，It has a deep natural method in the value of "law"。Legalists during the head 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 thoughts is the theory of the Jus Gentium。At the same time，In practice，Ancient Roman jurists use the concepts of "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。

bet365 best casino games In the early Chinese civilization, it is not no legitimacy of the Fa。In the pre -Qin thought，There are a lot of thinking and discussion about 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 "rituals" that gives more legitimacy value connotation more，Because of the fundamental system、Multi -layer significance such as specific specifications and evaluation of character events。It can be said，The value of the "law" of Rome，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"

Traditional Chinese，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 and People ’s Love Country、Practical reason for reason，There is no way of affection for the law，The "law" in Chinese expression often only refers to the rules of the law，and Wang、National and other public power backgrounds are 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 bet365 Play online games guidance，As the Tingxing of the Qin and Han dynasties、Legal Answers、Judicial Guidelines such as the resolution ratio 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 the rules of laws under the section control，The latter is the embodiment of ideology and moral principles in judicial，and surpass it on the law of law。The intersection of the two is the work of the experts of law and scriptures -legal chapters (laws)。

Different from the concept of "law" from the Chinese tradition is different，Roman Fa incorporates morality and considers the category of "law"。Introduction to Judicial Practice and Legalists，Identity difference、Parent authority、Goodwill equivalent of value elements in the rules of organic integration method，Become part of the "Fa"。

Temoda Haoming therefore analyzed the type of Chinese traditional law and Western law，Summarize the former as "non -rule method"。In terms of 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 Bet365 lotto review in the early period of Qin and the Western Han Dynasty was mainly central judges，They have multiple backgrounds，but all have obvious bureaucracy，Generally 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 processing method and morality of the ancient Roman jurists，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 the attachment and extension of the classics，Independent knowledge system that has not been formed，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"，The scholars and doctors who gradually enter the law enforcement bureaucracy are relatively weak，Therefore, the construction of the classics system and ideological discourse of "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 influence of the legal person class and the power structure on "law" can be verified to a certain degree from the conditions of the ancient Rome period。Republican system and head of state system mainly include Bet365 app download enforcement judges、Costs and jurists，Generally there is noble or knight identity，Have enough political influence and knowledge of knowledge。During the Republican period，philosopher、The 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 power，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 for 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，is closely related to the relative vacuum state of legislative power in this period。They handle the 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; until the monarchy period，Legalist group is completely absorbed into the bureaucratic system。The subject of the legal person in 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 structure of social class and political power，and then generate different understanding and operation methods of "law"。At the same time，After the system is formed，Bet365 lotto review Cultural continuity generated based on path dependencies，Makes the role of causal elements 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，The status of the legal professional group、The operation and the operation of the law will only produce gradients，Even some aspects continue inherent forms。