论中华法文化的价值——以传统与近代转型时期的法文化为样本

On the Value of Chinese Legal Culture——A Case Study of the Legal Culture in the Transition Period of Tradition and Modern Times

中华法文化内涵丰富,价值极高,泽被四邻,不仅是国之瑰宝,更是人类共同的文化财富。它既包含中华传统法文化,也囊括近代转型时期的法文化、现代法治建设中的法文化。以传统与近代转型时期的法文化为样本,采用“法律三度论”,提炼中华法文化的价值。传统法文化在法律制定上因地因时,理性务实;在法律实施上以民为本,德法共治;在法律宣教上吏民并重,明刑弼教。近代转型时期的法文化是我国在西法东渐的背景下,围绕救亡图存、恢复主权的历史主线,沿着西方法制路径进行法律变革过程中形成的文化。其价值主要体现为尊重习惯,注重调查;依法监察,涤清吏治;维护法权,激浊扬清。考察中华法文化的价值,可为当代法治建设提供历史镜鉴。

Chinese legal culture is rich in connotation and high in value,and it is surrounded by neighboring countries.It is not only the treasure of the country,but also the common cultural wealth of mankind.It includes not only the traditional Chinese legal culture,but also the legal culture in the modern transition period and the legal culture in the modern rule of law construction.This paper takes the legal culture in the traditional and modern transition period as a sample,and adopts the three-degree theory of law to refine the value of Chinese legal culture.Traditional legal culture is rational and pragmatic in the formulation of laws.In the implementation of law,virtue and law were emphasized,which means the officials and the people were legally educated and were disciplined by law.The legal culture in the modern transition period is the culture formed in the process of legal reform along the western legal path,centering on the historical main line of saving the nation and restoring sovereignty,under the background of the spread of western law to the east.Its value is mainly reflected in respecting habits and focusing on investigation;supervising according to the law to clean up officials;upholding legal rights and turbulent and clean up.By investigating the value of Chinese legal culture,it provides a historical mirror for the construction of contemporary rule of law.