In the splendid starship of the Chinese nation's history and culture，Chinese legal system culture is a bright star，Shining the light of Chinese wisdom。Knowing、Inherit and carry forward China's excellent law culture to enhance our cultural self -confidence，It has significant significance to firm the road of socialism with Chinese characteristics。

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As early as the Xia, Shang and Weekly period，my country has formed a national law system that combines ceremonies in punishment。Spring and Autumn and Warring States Periods，Hundreds of competing in the ideological industry，Each school has proposed legal claims。迨 to Western Han，Emperor Hanwu accepted Dong Zhongshu's suggestion, "Let's stop Baijia、Independent Confucianism "，Chinese law has begun the process of combining ritual law，Created a series of systems in legal practice。In the long history of the thousand years of history，Various legal systems are perfect。

The excellent practice of the history of Chinese legal system is first reflected in the formulation of the code。Spring and Autumn and Warring States Periods，Zheng Guozi made a casting letter，Jin Guo Zhao Yan、荀，Open atmosphere。and then Wei Guo Li Yan formulated the "Dharma Scriptures"，Draw a blueprint for the traditional Chinese law classics。During the end of the Emperor Gaozong's Yonghui，The "Tang Law Shu" of the previous generation of Dacheng was awarded to the world，Zhao shows that the traditional Chinese bet365 best casino games law code reaches the peak，The Chinese Law Department also forms it。"Tang Lugue" is not only a later generation of Song、yuan、Ming、Guiyi of the Legislative Legislative Legislace，It is also a blueprint for the formulation of laws in East Asian countries。If North Korea ’s“ Goryeo Generation System，Most of them are imitated in Tang "; most of the Japanese" Kochi "and" Dabao Ling "are mostly the same as the Tang law; the" Criminal Book "in the Li family of Vietnam、The "National Criminal Law" of the Chen Dynasty is all from the law of the Tang Dynasty。If Roman Dharma dominates the ancient Western legal world，"Tang Law Shu" dominated the ancient oriental legal world。

Next，The excellent practice of the history of Chinese legal system is also reflected in the principle of legal、The construction of the system。Such as many legal principles in ancient China、The creation of the legal system revolves around the concept of "Germany's Denovation Affairs"，This concept contains respect for life、The meaning of cautious killing。early in the Xia Dynasty，The ruler proposed the principle of punishment of "suspicious crime"。Starting from the Han Dynasty，The ruler carried out a series of system creation，As the first prisoner in the Western Han Dynasty、Playing 谳 System。Northern Wei Dynasty's first reinforcement system，Sui and Tang Dynasties will develop it perfectly。Tang Law Standards，For local death penalty cases，You need to "three rewards" to the emperor，The death penalty case of the Beijing Division requires "five rewards"。Tang Taizong once warned the ministers "then ruled the world with Kuan Ren，Essentials in the Criminal Law "。The Song Dynasty advocated bet365 Play online games "Taking Guan Ren as the Governance"。To prevent abuse of killing innocent，In the Song Dynasty, the survey system was founded。Ming and Qing Dynasties developed and improved.、Trial and other systems。These systems play a positive role in preventing wrongdoing cases，It shows the excellent practice of the history of Chinese legal system。

　　Comparison of the history of Chinese and Western legal system

As far as the development of the legal system，China has been developing forward in the tendency of the combination of ritual and law since the Western Han Dynasty in the 2nd of the Western Han Dynasty BC，Even if the dynasty is replaced, it has not interrupted this trend。Behind this trend is the continuity of the Chinese civilization itself。Comparison of comparison，The development of Western law lacks continuity。Roman Dharma is an important source of modern Western legal system，But after the Western Roman Empire perished in the 5th century AD，Roman Fa also trapped in silence。until the 11th century，European jurists call on "Revival Roman Fa"。and the rejuvenation of the real Roman law in practice is after the Enlightenment，With the establishment of European nation -states，Germany、France has learned nutrition from Roman France。can also be seen from it，The inheritance of the Roman Fa has changed from the Roman Empire to many scattered countries，The main body of the traditional legal system in China has never changed。

The differences in legal culture of Chinese and Western law are also reflected in each other's judicial concepts。Japanese scholar Nomato Nasi called the traditional Western lawsuit as "competitive lawsuit"。Such a lawsuit is required bet365 live casino games for personal interests first，Tattoo of both parties。During the trial process，Judge lives in free heart evidence.，Finally made a referee based on the evidence provided by the parties，Did not take care of the parties to accept it。This legal system is too mechanized、programming。Comparison of comparison，The traditional Chinese trial mode is just the opposite。Chinese traditional judicial officials are quoting the laws of the law，Pay attention to persuasion and teachings。Especially in civil cases such as household wedding fields and money bonds，State and county chiefs responsible for the trial often "do every effort to make the judgment get the recognition of the parties"，The parties accept the judgment with the heart of the judgment.。This process is not only the process of dispute resolution，It is even more guided by the people。Confucius once said: "The Tao is politically，Qi Zhizhi，The people are free and shameless;，Qi Zhi Li，Shame and grid。"Political" and "Penalty" are a rigid legal system，It pays attention to forcing the people to accept it with authoritativeism。From the perspective of Confucius，Use this mode，The people obey the decree on the surface，But their heart is unconvinced。But if you admire the governance of "virtue"，People are not only happy to serve，Happy to accept，There will also be shame。It can be said，This is exactly the uniqueness of traditional Chinese judicial civilization。

　　Inheritance and innovation of Chinese legal culture

The great practice of socialism with Chinese characteristics under the leadership of the Communist Party of China can be said to be the extension and presentation bet365 live casino games of the excellent Chinese culture in the contemporary contemporary。Specific to the legal system，Many legal systems in our country today are built on the basis of inheriting China's excellent law culture。For example，In criminal proceedings，The court cannot force the defendant's spouse、Parents、Children appear as witnesses to testify。This provision is "Cerebrates to the First" by the Han Dynasty system、The "cohabitation of each other in the Tang Dynasty" and the "relative phase of the relatives as the same" in the Ming and Qing laws are evolved。Another example，my country's current law's criminal reduction system for the elderly and minors who are 75 years old can be traced back to the ancient Chinese shirts。"Book of Rites · Qu Li" records: "Eighty、Ninety Say 耄，Seven Years Mourning。Mourning and 耄，Although guilty does not add torture。"" That is to say，over 80 years old，People under the age of 7 do not have to bear criminal liability。The representative "Tang Law Shu" is old、less、Waste、Criminal responsibility for criminal criminal liability for detailed regulations。

China's current legal system is also constantly innovating in inheritance。For example，Adults who do not have the ability of civil behavior need to be guarded。According to this regulation，Observatory elderly people need to guard the protection of the guardian，This is the embodiment of the principle of filial piety in traditional French culture。Another example，"Civil Code" stipulates，Seeing righteousness and bravery for major faults of China and Africa without liability for infringement。The harmony of the traditional Chinese law emphasizes Bet365 lotto review the "reasonable law"，"Being responsible for doing good deeds" is a violation of general reason。"Civil Code" This clause is exactly the adoption of reasonable absorption，For those who see the righteous brave。Another example，"Civil Code" stipulates that the Using Rights Usagement Period of Residential Construction Right Fire Automatic Renewal。Mencius once proposed: "There is no constant production without constant production"，Chinese traditional law also emphasizes the protection of the people's constant production。House is an important property for the people，It can be said that Mencius said "constant production"。The innovative system of "Civil Code" conforms to the heart of the "constant production" of the people，responding to the people's longing for a better life。

To sum up，Whether it is in the practice of legal system in China to the present，Still in the comparison of the history of Chinese and Western legal system，The history of Chinese legal system all shows the excellent traditional culture of China。For a long time，Under the cover of "Western Centralism"，The history of China's legal system is wrongly interpreted。This unfair view，It is essentially a manifestation of cultural unconfident。We should abandon this prejudice，Back to the position of Chinese civilization，Establish the confidence of cultural self -confidence，Looking at the history of Chinese legal system with an objective and fair attitude。

(This article is the special project of Central South China University of Finance and Economics and Law Deepening Education and Teaching Reform Project "Special Construction Special for the Construction of the Central South University bet365 best casino games Curriculum Curriculum" (31410040301) phased achievement)

(Author Unit: Propaganda Department of the Party Committee of Zhongnan University of Economics and Law)