The Psychological Base Of Chinese Traditional Law Culture

China tradition law culture has many characters, which make it what it is, and these laws come from Chinese's long history gradually. Non-legation is one of the most special characters of China tradition law culture, and it is charming, and it reflect Chinese's different value concept and pattern of thinking. Real Chinese live a'heart'life, so if we want to look into it, we should take psychology means. For China tradition law culture has so many contents, it is imposable to make an overall and deep research, but we can make research on non-legation, by this research, we can know the spirit of China tradition law culture.According to the western psychologist's analysis, Chinese's psychology and the behavior way have something different with the western prototype, and this kind of prototype is called in some psychologists"the primitive thought", but what's the prototype? The scholars have not certainly given a perfect answer. And only by the concept of"Dao"although"prototype"the category ascertained with difficulty, but we may analyze it through its performance way and the forming process to give the influence which the Chinese the psychology and the behavior way brings, therefore theoretically we may see: The Chinese expected the relationship between the person and the person, between the person and the heaven harmony, in the disposition tendency, as a result of theses reasons and the concept of"Mianzi"and"Bao"also deeply affecting the Chinese, thus in the practice area, the Chinese has formed"for harmonious and by harmonious"the behavior way. These certainly are not accidentally forms, Chinese several millenniums politics faith, Chinese unique bureaucrat type rule, as well as Chinese unique economy and geography factor, even the Chinese language all took part in.So in theory we can see Chinese people to expect the harmony of people, between people and nature; in tendency of character, Chinese people is so deeply impressed by the idea of"face","bao"etc that Chinese people form the way of harmonious action for harmony. It is not formed occasionally, occurrence of psychology and ways of action are affected by Chinese political belief of thousands of years, Chinese characteristic rule of bureaucrats, and Chinese special factors of economics and geography, even Chinese characters and languages. However, Chinese traditional law culture is seen only in civil society or plays a latent role in official society with the noisy of the spirit of legal rule. Since western laws were brought into oriental countries in the late Qing dynasty, especially the foundation of republic of China, in the case of pushing the course of social legal theory, whether Chinese law is charming or not for us, and we should return into our tradition is uncertain, in that a legal system'set-up can be advanced by political or military'strength, on the contrary, it is different to make a legal system combined into people's heart."Only making laws is not enough"can be explained as such, on the one hand, the enforcement of the law needs powerful support and protection; otherwise, it is understood, a law which is not accepted by people is dead, not any life, no power of surpassing the change of politics and ideology. It is just a pack of knowledge. So it is difficult to form a great people's character, rather a knowledge system of heritage. In the long run, the system of law is no sense, just a tool for hierarchy, which can't be accepted by people, and will disappear and go in the long history of river. But it is sure that history will give us a definite answer. It is hopefully good.