Law And Ethics-traditional Chinese Law And Traditional Chinese Ethics

Chinese ancient religion is the traditional Confucian ethics and rational root of legal theory. As Confucius said, The Zhou Dynasty is three generation of extensions. Zhou dynasty rulers in the profits and losses of the religion of the social basis to develop a "Defined Morals" guided by the thought of patriarchal clan system and Han dynasty " Rejects hundred, reveres the Confucianism method alone " and " Salt and Iron " laid a foundation of ethics.The small-scale peasant economy and patriarchal organizations is the social basis of Chinese traditional legal ethics, the inevitable family ties, "three cardinal guides" as the core. To the law and the ethics system reflects, it must be based on "Law's late king" way of thinking, which reflects the focus of the world common shore, pay attention to moral education, social ethics as enforcement mechanisms. Therefore, in the traditional Confucian ethical and legal context, the law will like Max Weber's "compiled code of ethics, not legal code", the Confucian ethic system will run into ethics, has its historical rationality.Therefore, our task is to identify the traditional ethics, inherit the advantageous parts of traditional ethics method for modern legal system construction, in order to find a possible way to traditional ethics and modern legal system construction relation.