Order And People: Confucian Law New Ideas On

Since the modern times, countrymen draw attention to indigenous law along with the Western learning which has rushed in and gradually become the order of the day. Some scholar take part the Western theory and method standard, with which they animadvert the Chinese traditional law. Because of their passion to Chinese traditional culture, another scholar cast about for similar concept to Western law, then draw outline of system info of Chinese traditional law. However, it is a pity that multitude research Chinese ancient law is limited to the Western law's frame, without adapting to practice of Chinese traditional culture. In addition, their cognition rest on surface layer and lack in exhume truly signification of law. In allusion to all the deficiency of research in ancient law, this article while reviewing the misunderstandings in the study, makes great efforts to construct the structure of the Chinese traditional law and analyse its characteristics by using the method of objective statement, sociological analytics and East-West comparison. The model of law development is not created to the will of human being, and its creation is closely related to the social environments, including the politics, economics, culture of Chinese traditional societies. Law is a social project in itself. It's function is regulate social relations and maintain social order. The value of law is achieve dreamboat of human being, and materialize their dignity. By examining pre-qin historical facts , I hold that order is the kernel of the Chinese traditional culture and law. If we examine the structure and culture of the Chinese traditional society as a whole, we will find that these parial defects are necessary for the whole of harmony and are actually the price paid for the fullness of the whole. It is the same with the examination of the traditional law.The age which pre-qin Confucian live in is rough-and-tumble. At that time, "hegemony" though scorn of "kingship". Seigneur fight closely between each other in international society, regicide and going against one's superiors in inner society, patricidal and matricide in family life, in a word, there is no ethics in that time. Confucian in pre-qin fabricate the perfect system about social configuration, hoping to create a harmonious state in international society, inner society and family life.