共存与互生──现代法治与中国传统法律文化的融合

Coexistence and Interaction──Integration of Modern Rule of Law with Chinese Traditional Culture of Law

理论界对中国传统法律文化多持批判的态度,并认为其对于现代法制建设无多大意义,笔者并不认同。本文在对中国传统法律文化进行创造性转化的研究基础上,通过探讨现代法治与传统法律文化理论上共存的可能性,及其在现实中共存的复杂性,得出二者必将融合的结论,并提出法律应当体现人伦关怀,加强法律的内在强制力,注重民间道德规范整合。

The author does not agree with the view held by the academic circles that Chinese traditional culture of law does not play an important role in modern legal system construction. This paper make a study of Chinese traditional culture of law, analyzes the theoretical possibility of coexistence of modern rule of law and Chinese traditional culture of law, draws a conclusion that the two will be integrated into one. It is pointed out in this paper that the legal system should put stress on humanity concern, internal control and the integration of folk moral standards.