Research And Analysis On 'the Tang-Law With Concrete Interpretations' In Jurisprudential Perspective

Currently, it's a historical mission for the Chinese Lawyer to re-realize the traditional Chinese legal culture. This is significant for us on manifesting the socialist ideas about the rule of law and constructing the socialist legal system. Researching and analyzing the Tang-Law with concrete interpretations in the jurisprudence could be the base point of re-realizing the traditional Chinese legal culture. In the direction of breaking through the research dilemma at present, and then re-establish the basic attitude, the basic context, the basic approach on researching the traditional Chinese legal culture. Because of its exceptional status in the traditional Chinese legal culture, the Tang-Law with concrete interpretations has the condition to be the basic point on researching the traditional Chinese legal culture.Tang-Law with concrete interpretations is a great code in the history of our country's ancient law. It has an excellent level about technology and thoughts of legislation. Even compared to the other law cultures at the same times, it's still showing up a brilliant character. However, even it's a great integrator of our ancient laws, there is some crisis hidden behind its glory. And then leads to the failure of the traditional Chinese legal culture when it met with the invasion of the western legal culture at last.As the spirit of Tang-Law with concrete interpretations,"All follow the Li", it originated from the Li which created by our ancient people who had the great wisdom. With the development of the history, Li was enriched and developed gradually. When it was in Tang dynasty, Li had the condition to be the fundamental thoughts as the whole legal system already. The spirit of Tang-Law with concrete interpretations led the confusion of law and ethics. Ultimately the rip between the real world and ideal world had been healed. Although the confusion of law and ethics caused the defect of its construction, this avoided the serious relationship between the law and ethics which existed in the western modern society.On the specific systems of law, the most obvious character of the Tang-Law concrete interpretations is the system of"naturalized person". This system is still excellent even in the point view of modern private international law. However, modern researchers always tramp in the times illusion, and understand in the wrong way. The interpretation system of law inherited and sublimated the traditional Chinese interpretation of law. And when it comes to the relationship between law and religion, Tang-Law with concrete interpretations actually starts the confusion of Confucianism, Buddhism and the Taoism.Presently, the research on the Tang-Law with interpretations has been in dilemma. On the one hand, because of the attitudes of researcher, the Tang-Law with interpretations is treated as a product of a backward culture, and the sense of research tends to nothingness. On the other hand, because of the research approaches, the research field is imitated in summary introducing and deconstructing the specific systems of law, this research trend leads to the boring of the research. Therefore, the research of the Tang-Law with concrete interpretations needs breaking through the dilemma urgently. And the basic question is changing the research approaches and attitudes to the research objects before. Not only surpass the restrict in the conception of law and the systems of law on the western context of law, but also take the view line back to the traditional Chinese legal culture itself.