The Core Value Of Chinese Traditional Civil Law

It has been accepted that there had existed civil law in Chinese traditional societyin the academia.The study of traditional civil law has achieved great progress in bothspecific institution and abstract ideology content.The exploration of the core value ofChinese traditional civil law cannot do without going deep into the entire legalenvironment of Chinese traditional society:Owing to the unique originating mode,theword"law"in traditional society is quite different from that in modern context.It hasbeen deeply influenced by Confucian ethics through its development.The idea ofjustice of our ancestors is close to moral principles,and they didn’t pay much attentionto legal forms through the justice realizing process.As it has been discussed,there’s no doubt that there had existed civil law inChinese traditional society.At the same time,the author thinks that the study of thetraditional civil law should notice several different aspects between the traditional andmodern society.The understanding of"public"and"private"differs from the modernsociety;The penalties are incredibly diversified which cannot be the criteria oftraditional civil law;The unique judgment standard to crime of traditional societyleads to the strong ethical aura of law.The different codification of laws makes thelegal form different,which is not enough to be the criteria of traditional civil law;Theeconomic relationships among the common people don’t reflect the core value oftraditional civil law.The core values of Chinese traditional civil law are systematic,whichincludes:The idea of harmony;The patriarchal standard;Harmony is its center.Theidea of harmony is reflected by the situation as follows in traditional civil law:Theyuse kinds of methods to achieve litigation preventing;They pursue people—centricconditions in the judicial process.The patriarchal standard is highlighted in familyand rank.Family members establish their status according to their rank in family,thenthey take rights and comply with duties based on their status.There are diversecontents in reason caw chancery of Chinese traditional civil law,thus there will be evenopposite results in the judicial process.The core values of Chinese traditional civil law are linked up associatedly,making up the systematic core value of Chinese traditional civil law.This link showsas follows:Firstly,the idea of harmony is the highest.In traditional settlement of civildispute,the harmony and stability of order is pursued no matter to maintain the patriarchal relations or to hold the Reason Law chancery in judicialprocess.Secondly,the harmony in traditional civil law take the patriarchal clansystem as a carrier,therefore this harmony is within the extent ofit.Thirdly,harmony,from a civil law sense,will be achieved by reason law chancerythrough the family-scope dispute settlement mechanism and the judicial process.