当代中国法律信仰缺失探究——反思政法大学弑师案

Research on Belief Crisis of Law in Modern China—Reflections on the Case of Teacher Murdered in China University of Political Science and Law

今秋的政法大学弑师案昭示了当代中国的法律信仰危机,透过中国独特的法律发展史,可以呈现法律信仰状况及其根源。从而可以看出,古代中国法被信仰是由于人们对礼的追求和道德化的政治,而近代中国法律信仰的没落是由于法制变革引发信仰危机、建国后价值观倡导矫枉过正。究其原因,是中、西法律信仰双重继承断裂。

On the autumn of 2008, the case that an undergraduate murdered his teacher in China University of Political Science and Law is a symbol of belief crisis of law in modem China. Based on the special law history of China, the author tries to present the situation of law belief and analyze the reason. The Result shows people have great belief in law in ancient China because of the quest of ＂Li＂ （ceremony） and the moralizing politics. However, since the end of Qing Dynasty during the regeneration of legal system, people＇ s belief in law is collapsed. Finally the author draws a conclusion that the reason of the belief crisis of law is due to broken heritage because there is a rupture of the legal system between ancient China law＇s sprit and western law＇s sprit.