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中国传统法文化与现代法制建设的关系问题,是近年来关心中国法制现代化建设的学人们所极为关注的热门话题。然而,使人遗憾的是,自古老的中华法系伴随着列强的大炮与救亡图存的二重奏解体以来,无论是近代之仁人,抑还是“五四”运动之健将,或因阶级之局限或因时代主题之不同,都没有来得及对中国传统法文化进行科学的总结和研讨。如今,一个半世纪过去,历史已经进入二十世纪九十年代。当青年学者一反传统把目光集中于对中国传统法文化的批判时,人们便会发现,传统并
The issue of the relationship between Chinese traditional legal culture and the construction of modern legal system is a hot topic of great concern to the people concerned with the modernization of China’s legal system in recent years. However, it is regrettable that since the ancient Chinese law system was accompanied by the disintegration of the duel of the mighty artillery and the survival of the nation, neither the modern benevolent nor the generalist of the May Fourth Movement, Different themes of the times have not had time to conduct a scientific summary and discussion of the traditional Chinese legal culture. Today, one and a half centuries have passed, history has entered the 1990s. When the anti-traditional youth scholars focused their attention on the criticism of the traditional Chinese legal culture, people would find that traditional