中国古代佛教法的证成

The Justification of the Ancient Chinese Buddhist Law and Its Source of Validity

原始佛教法是由佛陀所制定并且为世俗法所承认的,原始佛教规范具备法律要素,既有内部立法权,也得到了世俗统治者的承认,是"未完备世界"的法律,而中国佛教法的效力渊源来自于两部分,一是佛教内部立法权的确立,此为佛教法立法权的继承,主要是"适宜"规则的运用。二是世俗政权的承认。

The primitive Buddhist law is formulated by the Buddha and acknowledged by the state . The codes of primitive Buddhism have the legal elements which have internal power of legislation and are acknowledged by the state and they are laws of the incomplete world .The power of Chinese Buddhist law originates from two parts ：one is the establishment of the internal legislative power which inherits from the primitive Buddhist law ,especially the application of the principle of ＆quot;being suitable＆quot; formulated by the Buddha ,and the other is acknowledged by the state .