试析中国传统法律刑事化之成因——从中西法律文化比较之角度切入

Analysis of causes of penalization of the Chinese traditional law——from the viewpoint of Comparison of Chinese and Western culture of the law

通过探寻古代中西法律制度不同的文化背景,揭示中国传统法律刑事化的深层文化原因,指出各文明选择的应是适合自己价值取舍的制度,而无优劣之分。

In Human history,all civilizations have developed their corresponding code.By comparison,we will find that the Western code of ＂private law＂ system is relatively developed,and breaking the law,the only thing is the change of rights and obligations of the parties;code in ancient China was different,no matter what kind of the nature of the behavior,after breaking the law,is facing penalties of punishment.The phenomenon was known as the ＂penalization of the Chinese traditional law ＂by scholars.In this paper,explore different cultural backgrounds of the ancient and Western legal systems,to reveal the deep cultural reasons of penalization of the Chinese traditional law,to point out that chosen of all civilizations should be suited to their value system,without good or bad.