士与骑士制度及其法律文化的比较研究

Comparing Chinese Shi System with Chivalry System:a Legal Culture Perspective

士是指产生于春秋战国时期并在中国传统社会中一直存在的、以"弘道救世"为己任的、其社会群体(或阶层)在各自社会起到中流砥柱作用的人。士制度主要包括士主体规范、士行为规范、士之特权与使命规范等。骑士是指形成并存在于中世纪欧洲的以追求与维护个人及社会荣誉为己任的、对其相关社会起重要作用的骑兵阶层中的人。骑士制度也可以从骑士主体规范、骑士行为规范及骑士权利义务规范三个方面来概括。士与骑士制度具有同样重要的法律文化地位,但二者从经济、法理、思想基础,到具体内容与各自之特点都存在巨大差异,从而塑造了中西传统法律文化之不同内容、特征与命运。

Chinese Shi is very important class in traditional Chinese society,which rose in the Warring States Period and had been existed through all the traditional Chinese history and pursued justice and saving society.Chinese Shi System was formed with its subject rules,acting rules and privilege/mission rules,and ect.Chevaliers were the cavalries in Europe in the Middle ages who took big social functionary in that time,and pursued honor for themselves and the society.Chivalry System included its subject rules,acting rules and right/obligation rules,too.Although Chinese Shi system and the chivalry system had the same important legal cultural status,there were many differences between them,from their economic,philosophical and ideological foundation to their content and characteristics,and they have shaped the different content,feature and destiny of China and the Western traditional legal culture.