法律文明互鉴的新思维:以习近平文明观为中心的考察

New Thoughts on Mutual Learning among Legal Civilizations:An Investigation Centered by the Opinion on Civilization of Xi Jinping

习近平的文明观强调尊重文明多样性,以文明交流互鉴超越文明冲突。这一文明观对于理解、构建全球化时代法律文明交流的新思维具有启发性。全球法律文明格局经历了地理大发现之前的相对封闭独立的阶段和西方法律文明对非西方法律文明的压制阶段。当前非西方法律文明的发展进入寻求复兴和再造的新时期。大的文明体应放弃将自身价值普世化的诉求,尊重各文明发展的自身规律,在以法治为人类文明秩序的共同基础的前提下,创新法律制度与观念的融通机制,共同为寻求建立风险社会的文明共生机制。

The opinion on civilization of Xi Jinping emphasizes on respecting the diversity of civilizations and overcoming the clash of civilization via exchanges and mutual learning among civilizations, which enlightens new thoughts on understanding and establishing the communication among legal civilizations in the era of globalization. The pattern of global legal civilization experienced two stages. Firstly, the stage that was relative closed and independent before The Age of Discovery; Secondly, the stage that western legal civilization surpassed non-western legal civilization. Currently, the development of non-western legal civilization is entering into a new period of pursuing rejuvenation and re-creation. Civilizations with large scale are supposed to give up their claims on making their value be universal, respect the own law of the development of each civilization, and innovate the correlate and united system of legal systems and concepts on the premise of regarding rule by law as the common basis of order of human civilization, in pursuit of establishing an intergrowth mechanism of risk society together.