论中西古代法文化的根本差异

Thesis on the Fundamental Diversity in the Ancient legal Cultures of China and the West

在广泛吸收前贤成果的基础上 ,把中西法文化的根本差异归结为由财产所有制不同而产生的法权关系不同 ,由此派生了其他一系列差别 ,并追究其原因 ,提出了新说。特别是吸取了中国古代史研究的最新成果 ,指出所谓“刑起于兵”并非中国法律起源的特色所在。中国古代法律源头之一是修建水利的大规模集体劳动所需的纪律 ,即“象”。同时 ,还对德国社会学家马克斯·韦伯所言的在学者中有一定影响的中西法文化演变“背道而驰”

This essay takes for that the fundamental diversity in the ancient legal cultures of China and the west is the difference between the rights' relations due to the diversity of the property ownership, and other diversities derived from it. This essay makes a brief survey of the causes, and some new opinions are introduced in. The essay draws in the new accomplishment of ancient history research of China,and puts forward “The punitive law originated in the military affair” is not a distinctive feature of the origin of the Chinese law. One of the origins of the Chinese law is the discipline of collective labors that was indispensable in water conservancy projects on a large scale,known as “Xiang”. Simultaneously,the essay comes up with doubtful points against Max. Weber who said that law culture between China and the West was contrary to evolutionary way.