中国传统法文化对宪政建设的影响

The Influence of Chinese Tradition Law Culture on the Construction of Constitutional Government

宪政观念根植于西方法文化土壤,而非我国传统法文化所固有,中国传统法文化是一种伦理型法文化。宪政建设的成败与一国传统法文化密切相关,中国传统法文化对宪政建设具有全面的影响,两者既有相互抵触的方面,也有相互关联的方面。要建设一个宪政中国,就必须对传统法文化进行改造。

The idea of constitutional government is rooted in the cultural background of western law, but not the inherent culture of traditional law of our country. Chinese tradition law culture is a kind of ethic one. Whether the construction of constitutional government can succeed or not is closely related to one country＇s traditional law culture. Chinese traditional law culture has overall influence to the constitutional government. They not only resist but also connect with each other. We must reform the traditional law culture to build China with a constitutional government.