Chinese And Western Legal Principles And The Spirit Of The Fundamental Differences From The Trust Structure

The author thinks that the dimension of "structure of trust" is crucial to the study of compare law. In this article we'll find that there exists different "structure of trust" and history tradition in different societies, and the law is also different in its principle and spirit.First the author gives a clear analysis of the relation between the structure of society and the structure of trust and law and a general description of the structure of trust then in the history we can find that why they are different ,and from that the author discusses several fundamental differences as following three points :a) from the view of social organization, traditional society in china is based on family, but the western on individual; b) from the view of ideology , value and aim, the former is in pursuit of stability, while the latter development; c) there exist different characteristics of their governmentAfter the analysis of fundamental differences in kinds of societies, it is easy to understand the different principles and spirits of law. It can be concluded on the author's mind that there are three main aspects: a) the general principles and spirits of legislation and judicature: rite, righteousness, loyalty, filial piety and something like those are penetrating through Chinese traditional laws, but liberty, equality and human rights are western countries' value basis; b) Chinese traditional law is based on family, but western law on individual-society; c) from the aims and functions of laws, there exist the differences between stability and development. Furthermore, the author analyzes specific differences on this aspectIn the last part, the author brings forth two conclusions, which are the goals and meanings of this thesis, to learn from and absorb the wisdom of law at all times and in all countries and contribute to the construction of rule of law in China.