重新认识中华法资源的价值——从胡适的“老英雄悲剧”谈起

Understanding the Value of Chinese Law Resource Renewedly

在1932年发表的《中国历史的一个看法》中,胡适描绘了一出“老英雄悲剧”,即“老中华”的失败史,从中可以看出他对中华文明盲目指责和对西方近代文明盲目崇拜的态度。在当时那个新旧交替和文化碰撞最激烈的时代,出现一些偏激看法是正常的现象;但在经济全球化的今天,则必须建立起理性看待中西文化的态度。百余年来中国借助西方法资源建构的法律体系缺乏本土的社会基础,因此目前应当重新认识和发掘中华法资源,纠正长期存在的对于中西法治文明简单化和教条化的认识。

In his book an opinion of Chinese history published in 1932, Hu Shi depicts the tragedy of an old hero', i.e., the history of old China's failure, in which he adopts a blindly censuring attitude toward China's civilization and a blindly adoring attitude toward Western civilization. While it is normal for some extreme views to come up in that times when the old was transiting to the new and the cultural conflict was most drastic, a rational attitude towards Chinese and Western cultures must be established in today's world of economic globalization. Over a century, China has been constructing its own legal framework by referring to Western law resource, while this reference has been incomplete, unsystematic as well as lack of an indigenous social basis. Therefore, an in-depth and systematic research must be conducted with regard to both the systematization of Western law resource and the amelioration of Chinese law resource, only through which could the long-existing ideological divergence of Western and Chinese law civilization be avoided.