中西法律文化传统的形成与比较

The Formation and Comparison of the Legal Culture Traditions Between Chinese and Western

中国特色社会主义法治道路是五千年中华文明的制度新篇,是对中华文明治国之道的历史传承和创新发展。从中西法律文化传统与比较之形成这一历久弥新的主题出发,对二者进行新时代背景下的审视检讨意义重大。中国法律文化传统受到儒家学说和佛教道教思想的深远影响,在国家治理模式、价值追求、司法原则、纠纷解决、法制实施和人性化制度规定等方面卓有特色。西方法律文化则在对法律主体、法治观、实践方式等方面具有鲜明的制度优势和强大生命力。从法治思维和法治实现方式角度对二者在法律规范体系、法治价值、法治目标、法治认识论、治理模式、法治实施方式等方面的差异进行比较和概括别有意趣。我们应该在继续学习借鉴西方法治合理因素的同时,创造性转换中国法律文化传统中的有益元素,助力法治中国早日建成。

The path to the rule socialist law rule of law with Chinese characteristics is a new chapter of the Chinese civilization in 5,000 years, and it is the historical inheritance and innovative development of the way of Chinese governance. Starting from the long-standing theme of the formation and comparison of the legal culture traditions between Chinese and Western, it is of great significance to review the two in the context of the new era. The Chinese legal culture tradition is deeply influenced by Confucianism, Buddhism and Taoism.It has unique characteristics in terms of state governance model, value pursuit, judicial principle, dispute resolution, legal implementation and humanization institutions. Western legal culture has distinct institutional advantages and strong vitality in terms of legal subject, the concept of the rule of law, and practice style. It is interesting to compare and summarize the differences between the twoin terms of legal norm system, value of rule of law, goal of rule of law goal, epistemology of rule of law, governance model, and legal implementationfrom the perspective of the rule of law thinking and the rule of law. While continuing to learn from the rational factors of the rule of law in the West, we should creatively transform the useful elements of Chinesetraditional legal culture and help the rule of law China to be built as soon as possible.