从“人伦”到“契约”:中西方信用文化的比较分析及法律调整

From "Interpersonal Relations" to "Contract": a Comparative Analysis of Credit Culture Between China and the West and Law Adjustments

中国传统伦理文化中的信用是建立在封建社会自给自足的小农经济基础之上,是借助于血缘关系和熟人关系而形成的一种由人伦基础所构成的德性范畴,它强调的是行为人的操守和自律;而在西方国家,可以说契约文明构成其信用文化,信用是建立在市场经济的契约关系之上,它强调的是规范和监督,体现了平等自由、等价交换和正当权利的法律原则。当代中国社会相对传统社会而言在社会结构、伦理关系、价值观念等方面都发生了重大变化,以往那种借助于血缘和熟人关系而形成的人伦信任心理和权利义务关系,均被由市场经济利益调整所形成的契约关系所取代,由法律调整的现代信用,完成了我国信用文化从"人伦"到"契约"的现代转换,进而促进社会信用体系的真正建立。

Credit in Chinese traditional ethical culture, built on the basis of the self-sufficiency of petty agriculture economy, is a kind of virtue category appealing to relations by blood and intimacy, of which consists of interpersonal relations basis and emphasizes behavior as personal integrity and self-discipline. But in western countries, contract civilization is composed of its credit culture. Credit builds on the contract relationship of market economy. It emphases the rule and supervision, and shows out the rule of freedom, equality, exchange of equal value, and right. Chinese society has great changes on the aspect of social structure, moral relationship and value concept contrary to the traditional society. The contract relationship adjusted by the interest of market economy has replaced the relationship of right and trust formed by blood relationship and relatives. The modern credit formed by law has accomplished the change of credit culture from 'contract' to 'interpersonal relations, and thus promotes the setting-up of the social credit system.