骑士、侠客与法文化

Knights, Chinese Knight-errant and Legal Culture

起源于战争与基督教的骑士阶层是基督教教义与世俗规则的忠实拥护者 ,以自己的行动来获得主流社会的承认 ,以骑士的契约观、准则观和忠诚观传承了西方法治传统 ;侠客群体的出现到侠客情结的深入人心 ,体现了中华法文化当中道德与法律的纠葛 ,私力与公力冲突的过程 。

The equites, originated from wars and Christianity, were loyal to the doxy of Christianity as well as rules of common customs, and what the equites did was accepted by the dominants at that time. In virtue of the view of contract, the view of rule and the view of loyalty in the chivalry, the western legal tradition of rule of law have been descended to some extent. From Chinese Knight-errants coming into being to love knot towards Chinese Knight-errants, the process indicates imbroglio between morality and law and conflict between private power and public power in Chinese legal culture. The Chinese Knight-errants, repelled to the edge of the society by the dominats, were incapable of undertaking the contribution to rule of law to be a reality in China.