中国传统信任结构及其对现代法治的影响

China' s Traditional Trust Structure and Its Influence on Modern Law

中国传统信任结构的总体特征是“儒法并存,以儒为主”。其中儒家信任结构重亲疏之别,以互惠原则为基础;法家信任结构重公私之分,以赏罚机制为基础。中国传统信任结构既与传统法制互动,也对现代法治有深刻影响。

The general characteristic of traditional Chinese credit structure is 'the coexistence of Confucianists and Legalists inportance to relations between people based on reciprocal benefits. In contrast, the credit structure of Legalists focuses on the difference between the public and the private, on the basis of the rewards and punishments mechanism. The traditional Qiinese credit structure interacts with the traditional legal system and simultaneously profoundly influences the modern government by law.