“经、权”论与传统法律文化

The Theory of "Jing,Quan" and Traditional Legal Culture

"执经达权"是中国哲学重要的方法论思想。用现在的话说,"经"是原则性;"权"是灵活性;"执经达权"就是要处理好原则性与灵活性、守常与应变的关系。"经、权"方法论对中国传统法律文化产生了深刻影响。中国古代的法律思想、立法、司法都打上了"经、权"论的烙印。特别是中国古代"例以辅律并发展入律"的法律有机生长模式,更是"经、权"方法论的生动写照。

＂Zhi Jing Da Quan＂ was an important methodological thought of Chinese philosophy. According to modern saying, ＂Jing＂ is the principle and ＂Quan＂ is the flexibility, and ＂Zhi Jing Da Quan＂ is to deal with the connection between principle and flexibility, depending conventionality and coping with change. The methodology of ＂Jing Quan＂ had an profound impact on Chinese traditional legal culture. Legal thought and legislation and justice of ancient China were engraved on methodology of ＂Jing Quan＂. Especially, the organic growth mode of law of ＂examples assisting to law developed into law＂ of ancient China, was more vivid reflection of methodology of ＂Jing Quan＂.