"moral Principles" Order Principle

In the modern history, Japan is the only non-colony country of thenon-western countries, which carried through reconstruction of modernizationsuccessfully and catched up with the western countries. Although Japanese lawslearn a lot from the western laws, the Japanese laws in the reform of legal systemalso keep a great deal of traditional or conservative factors. The reason of theJapanese reform of legal system is that the Japan makes use of his traditionalcultural resources to conformity himself traditional legal culture, modern legalsystem and the western legal spirit, which forms new legal cultural character. Theidea of girl represents mostly the characters of traditional legal culture and is themost basic traditional criterion idea. Giri is not only a kind of criterion idea inpeople's mind but also a kind of outer criterion that has constrain power. But as akind of special criterion, Giri is a sort of principle and value in the most, not beprescribed clearly in laws. So, it can be called as the order principle of the Japanesesociety. This thesis researches into the impact of the character of Japanesetraditional legal culture and traditional factors on the Japanese laws in the modernthrough reviewing the Japanese traditional order principle in order to enlightenChina on modern construction of legal system.In order to fully illustrate the conclusion mentioned above, this thesis isdivided into six parts, the concrete content of each part is as follow.PartⅠ: In this part, the thesis mainly points out the signification ofcomprehending the Japanese traditional legal culture and the topic of this thesis.This part is departed into three sections. The first section presents the fruit and viceof the research of the Japanese legal theoretics and the meaning of studying theJapanese legal sociology. The second section classifies legal sociology as themainstream of Japanese legal theoretics and its attention. The third section pointsout that the study of legal culture is the focus in the field of the Japanese legaltheoretics and indicates the meaning of studying the Japanese traditional legalculture, especially the idea of giri.PartⅡ: the penman introduces the concept and character of giri. Firstly, thepenman introduces what is giri in the dictionary and other social studies. Secondly,the penman explains what are the characters of giri.PartⅢ: In this part, the penman studies giri deeply through researching thethree stage of giri. Firstly, the thesis explains how giri as a factual convention comeinto being in the Japanese original villages. Secondly, the penman illustrates howgiri becomes a special ethic idea of the Japanese samurais and businessmen. Thirdly, the penman introduces how the Japanese ruler make giri become thecommon people's ethies.PartⅣ: The penman studies the relation of giri and the Japanese legalconsciosness in the modern through analyzing the relation of giri and three keywords.PartⅤ: This part researches the relation of giri and the Japanese laws in thethree different stages.PartⅥ: The penman thinks over the relation of the Japanese traditional legalculture and the western legal idea and finds out why there are many difficulties inChinese legal modernization through studying the Japanese experience. Thispenman finally hopes the introduce of giri can promote the discuss and thinking ofthe Chinese traditional order principle.