欧洲思想家对中国法律文化的认识

European Thinkers' Interpretation of China's Legal Culture

欧洲思想家主要对中国的专制主义制度及其刑罚、法律与道德的结合、中国衰落的原因进行了分析。尽管认识对象相同 ,但其所持观点和得出的结论又使他们分成两派。批判派认为中国政府的形式必然是专制主义 ,把法律与道德混在一起是极大的错误 ;辩护派则坚持与任何其他政府相比中国更接近于理想模式 ,中国人正是依靠道德政治获得了成功。需要注意的是 。

The European thinkers mainly made their analysis on Chinese dictatorial system, its combination of punishments, laws and ethics, and the reason of Chinas decline. Despite their different cognition object was identical, the viewpoints those thinkers held and the conclusion they came up with have distinguished them into two schools of thoughts. The critical school argued that the governments in China were no doubt in the form of dictatorship and it was a great mistake for them to mix laws with virtue, while the defending school argued that compared with other governments, China was much closer to the ideal model and Chinese people reached their success depending right on their virtues. What needs our attention is that those thinkers spontaneously pointed out that the lack of individuality freedom resulted in Chinas tragic drop out.