传统“孝”伦理的法律分析

A Legal Analysis of the Traditional Chinese Ethical Concept of “Filial Piety"

"孝"伦理作为中国古代社会传统伦理道德的核心,一直是维护中国传统社会秩序的重要社会规范。孝伦理基于父母对儿女有养育之恩,强调儿女应当"事亲"、"敬老"以回报父母,由这种付出与回报的关系,可以清晰地看到蕴含其中的父母与儿女代际间的社会契约法律关系。而且,这一契约关系得到社会伦理道德和国家法律的强有力的保证。这一契约关系在古代传统社会里有其合理性,在当代中国社会仍有着符合时代需要的重大价值。

The ethical concept of “filial piety' has always been considered as the core of traditional ethics of ancient Chinese society. In spite of the fact that this concept has been severely criticized in the political aspects, the principle of filial piety still exerts reasonable historical influence on practical life or folk culture. From a legal point of view, this concept, as a matter of fact, could be interpreted as a social contract between different generations, stipulating that parents should raise their children while children should support the elderly parents. As a relationship based upon contract this concept has been enforced by social ethical principles as well as the law of the state. The characteristic of legal contract of the ethical concept of “filial obedience' proves that the inheritance of the reasonable core of this traditional principle is of great realistic significance to the contemporary China.