论文部分内容阅读
中国是原始社会末期在世界上历史悠久、举世闻名的四大文明古国之一,也是人类社会法制文明起源较早的重要地区。它源远流长、博大精深、为我们一步步地发展奠定了坚实的基础。中国古代早期法制文明最初开始于原始社会末期,其法律制度以源于原始习惯和传统习俗的习惯法为主,法律渊源主要包括礼与刑两大部分组成。中国历史上长期流传的刑“始与兵”与礼源于祭祀之类的说法,就是对中国古代法律文明起源途径的概括和写照。因此,中国古代法律制度从一产生开始,就具有注重宗法伦理、宣扬道德教化、强调礼刑并用等鲜明特色,始终以维护家族、宗族、国家、政权的整体利益为根本宗旨,形成了重公权轻私权、重义务轻权利、重团体轻个性之类的独特性质,从而对中国古代的法律文化传统及其社会发展产生了深远的影响。因此,我将从立法的指导思想、主要立法活动、部门法律、法律制度这四个方面对中国传统法律文化的特点进行详细地分析和阐述。
China is one of the four ancient civilizations with a long history and world-famous end of Primitive Society and an important area where the legal civilization of human society originated earlier. It goes back to ancient times and is profound and profound, laying a solid foundation for our step-by-step development. The early legal civilization in ancient China began at the end of Primitive Society. Its legal system was dominated by customary law originating from primitive customs and traditional customs. Sources of law mainly consisted of two parts: ceremony and punishment. The long-circulating criminal code in China’s history, such as “Beginning with Soldiers” and Ceremony Originating from Sacrifices, is a summary and portrayal of the origins of ancient Chinese legal civilization. Therefore, since its birth, the ancient Chinese legal system has been focusing on the patriarchal clan system, advocating moral education, emphasizing the distinctive features of the courtesy and punishment, and has always taken the overall interests of protecting the family, clan, state and government as the fundamental purpose and formed the important role The power of light and privacy, the heavy duties of light duty, the light and light weight of rights and duties, and the light personality of heavy groups. This has had a profound impact on the legal and cultural traditions of ancient China and its social development. Therefore, I will analyze and elaborate on the characteristics of the traditional Chinese legal culture from the following four aspects: the guiding ideology of the legislature, the major legislative activities, the departmental laws and the legal system.