继承与超越:儒家文化对韩国法律的影响及其现代启示

Inheritance and Transcendence: Impacts of Confucian Culture on Korean Laws and Its Modern Enlightenment

作为东亚儒家文化圈的成员,韩国对儒家文化的继受一直令人瞩目,如何融合传统与现代,韩国的经验值得重视。本文从法学的视角探寻儒家文化在韩国的发展历程以及对古代朝鲜法制及现代韩国法律之影响,并结合韩国之经验来为中国特色社会法治建设中的传统文化继受问题寻找答案,同时实现儒家文化的自我更新与超越。

As a member of Confucian culture circle in East Asia,the inheritance and acceptance of Confucian cul-ture by Korea attracts much attention. As far as the way of integrating traditional culture and modern culture is con-cerned, Korean experience is worthy of considering. This paper explores the development process of Confucian cul-ture in Korea and its impact on ancient and modern Korean legal system, and tries to find answers to the problem ofinheriting traditional culture in the construction of the legal system with Chinese Characteristics by drawing lessonsfrom Korean experience, in order to achieve Confucian culture＇s self-renewal and transcendence.