比较法研究中的中国法——关于法律的地位和权力组织形式的思考
发布时间：2019-03-26 12:10
【摘要】：在比较法研究中,中国法一直占有重要地位,但在主流的西方比较法文献中,西方法是正统,中国法只处于边缘地位。法律在社会中不占主导地位,一直是西方人眼中中国传统法的主要特点。西方学者认为,中国传统法具有专制主义、集权主义的特征,这同中国的"治水社会"的历史有着密切联系。改革开放以来中国经济与社会的发展,对西方有关中国法的观点以及法律和社会发展的模式提出了挑战。在法律的地位和集权与分权问题上,不应把中国法与西方法绝对对立起来,西方和中国在处理熟人关系和陌生人关系,应对正常状态和非常状态问题上有许多相近之处,它们是中国与西方共同面对的问题。把中国法研究放在西方各种法律进化模式中虽然具有参考价值,但终归是靠不住的,应转到以问题为中心的轨道。
[Abstract]:In the study of comparative law, Chinese law has always played an important role, but in the mainstream western comparative law literature, the western method is orthodox, and Chinese law is only in a marginal position. Law, which is not dominant in society, has always been the main feature of Chinese traditional law in Westerners' eyes. Western scholars believe that Chinese traditional law has the characteristics of authoritarianism and totalitarianism, which is closely related to the history of China's "water society". Since the reform and opening up, the development of Chinese economy and society has challenged the western views on Chinese law and the pattern of legal and social development. On the issue of legal status and centralization and decentralization, China's law and western methods should not be absolutely opposed to each other. There are many similarities between the West and China in dealing with the relationship between acquaintances and strangers, and in dealing with the problems of normal and extraordinary states. They are problems that China and the West face together. Although the study of Chinese law is of reference value in various legal evolution patterns in the west, it is unreliable in the end, and it should be transferred to the orbit of taking the problem as the center.
【作者单位】： 中国人民大学法学院;
【分类号】：D904
本文编号：2447533
[Abstract]:In the study of comparative law, Chinese law has always played an important role, but in the mainstream western comparative law literature, the western method is orthodox, and Chinese law is only in a marginal position. Law, which is not dominant in society, has always been the main feature of Chinese traditional law in Westerners' eyes. Western scholars believe that Chinese traditional law has the characteristics of authoritarianism and totalitarianism, which is closely related to the history of China's "water society". Since the reform and opening up, the development of Chinese economy and society has challenged the western views on Chinese law and the pattern of legal and social development. On the issue of legal status and centralization and decentralization, China's law and western methods should not be absolutely opposed to each other. There are many similarities between the West and China in dealing with the relationship between acquaintances and strangers, and in dealing with the problems of normal and extraordinary states. They are problems that China and the West face together. Although the study of Chinese law is of reference value in various legal evolution patterns in the west, it is unreliable in the end, and it should be transferred to the orbit of taking the problem as the center.
【作者单位】： 中国人民大学法学院;
【分类号】：D904
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