Exploration Source Law Traditional Forging China Paradigm
September 16, 2020 09:46 Source: "China Social Sciences" September 16, 2020 Total Issue 2012 Author: Yan Qiangle

A century to descend,Chinese legal history is under the cover of Western law theory and concepts,The so -called "History of Foreign Law is the History of Chinese Law,The history of Chinese legal history becomes the history of foreign legal history。From yes,The academic care of the academic community proposed the academic care of "Where to go in China"。Return to traditional,Constructing traditional Chinese legal academic,Constructing the ideal picture of Chinese law,The mission of becoming a new generation of legal scholars。"Research on the Research of the Qing Dynasty" author Zhu Yong emphasized,At this stage, the direction of Chinese legal history research should be returned to tradition,Summarize and summarize the traditional Chinese law,Reburse the academic academic of traditional Chinese law; summarize the development law of traditional Chinese law,Discover the value and meaning of Chinese traditional laws with Chinese characteristics,so as to take root in Chinese reality,Promote the excellent tradition of the nation。

The book is based on analyzing the rule of bet365 best casino games "love people like children" in ancient Chinese political life、"Cohabitation and Fortune" in economic life、Three social phenomena with Chinese characteristics of "filial piety" concept,Quoting the unique cultural type of the Chinese nation — Criminal Culture。​​The author believes that the ancestral culture emphasizes the common order,Pay attention to blood status,It penetrates to politics、Economic and ideological and cultural relationships in various social relations,Generally affecting national consciousness、National Personality、Formation of national habits。

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The characteristics of the system of patriarchal culture through analysis,The book systematically discusses the characteristics of the clan law and the value of maintaining the stable order of society。Using the traditional perspective of the Chinese -made Chinese,Analysis of the scientific value of the clan law of the Qing Dynasty,The legal concept of constructing clan law,Then affirmed the meaning of the "Chinese characteristics" of the clan law。As the author advocates,For Chinese society,Western legal spirit and Chinese legal tradition are not all simple advantages and disadvantages、right and wrong。Law as a code of conduct,Its purpose is Bet365 lotto review to regulate people’s behavior,Maintain the stability of social order、Unified。The good or bad of its formulation,It mainly depends on whether the law is in line with social development,Maintenance of social order,The so -called "advanced is not necessarily suitable"。Evaluation of traditional laws,It should be evaluated at a traditional scale,Use the attitude of sympathy for understanding。

The whole book not only systematically summarizes the promotion of clan regulations on grassroots social governance,I also tried to create the unification of the legal research of domestic scholars。Since the reform and opening up,Western anthropological trends have an impact on the study of Chinese legal history。Scholars represented by Liang Zhiping learn from Western anthropology concepts、Theory and method,Repeatation of traditional Chinese legal culture,The academic proposition of "explaining the law with culture" was proposed。American anthropologist Ridfield "Farmers Society and Culture" Book when analyzing rural social culture,The binary analysis concept of "big tradition and small tradition" proposes,To explain that two different levels of traditions coexist at the same time in complex social culture: First, the number is rare,One of the great traditions bet365 best casino games created by people who are good at thinking; the second is the number of great,But a small tradition created by people who are basically unwilling to think about。Breeding in the school or temple,Small traditions are independent germination; big tradition represents the country,Small traditional representative village。

Domestic scholars are influenced by "big tradition and small tradition",It proposed the legal system framework of ancient Chinese "binary" or even "diversified"。The book is based on the empirical research of the Qing Dynasty clan regulations,Comparison and analysis of Western European Manor Law、Indian Village Social Law、Different similar to the Chinese clan law,In the framework of the ancient Chinese agricultural society,Constructing the dual legal system of the "national -clan" in China,Focus on analyzing the existence of opposition and unity between clan law and national law,For the later legal anthropology research、Folk Law Study provides important academic reference。

  Chinese paradigm in the study of the history of forging method

The author strives to surpass the Western centralism of Chinese legal history research,Avoid the influence of Western legal concepts,Try to re -explain the historical tradition of Chinese law。Under such academic care,Research bet365 best casino games results in recent years,The Chinese paradigm is designed to continuously forge the study of the history of the law。If the Legal Interpretation of the "Ancestral System" ("Law Research" 2016 Issue 4) Based on ancient Chinese national governance,Explained the content and value of the "ancestor method" with the content of the ancestor of the Emperor Emperor,I believe that the "ancestor's law" has the nature of the national fundamental law,Division of labor with ordinary laws,There is a connection again,Together constitutes a complete legal system in ancient China- "Ancestral System -Law Order" system。"Common Governance of Moral Laws based on humanistic spirit" ("Chinese Social Sciences" 2017, No. 12)、Ancient officials restrict、Empirical analysis of grassroots social governance,Summarize the political tradition and national wisdom of ancient Chinese legal governance — German and French governance。Different from the integration of Western law and religion,German and French co -governance maintains the unity of the country、Social Stability and Culture Express,Show the humanistic feelings of Chinese culture,reflects the cultural self -confidence of the Chinese nation。"On the" Six Methods System "in ancient China" ("Chinese bet365 best casino games Law" 2019, No. 1) constructing an ancient legal system with ancient bureaucratic system,The system construction model based on the "official law of official law" based on the ancient Chinese national governance,Along the "Set the Official、The Social Management Development Period of the Social Management Development of Official Method,Creatively proposed the "Six Methods System" in ancient China,"Chinese characteristics" that shows the method of governing the country in ancient times。

The method of the clan、Ancestral law to Germany and Fa -governance。Summarize the basic characteristics of ancient Chinese laws,The historical tradition of exploration source Chinese law,The whole book provides a useful attempt for the Chinese paradigm of forging legal history research。We have reasons to believe,Through the hard work of several generations of scholars,Chinese paradigm can be successfully forged for the social sciences of philosophy and social sciences。This is the core purpose of the book,It is also the mission of the era of Chinese legal historians。

(Author Unit: School of Law of China University of Political Science and Law)

Editor in charge: Wang Ning
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