The Historical Tradition Of "Convicting According Mourning" And Its Contemporary Reference

"Combining feudalistic with laws"is a typical character for tranditional China, and the system of"convicting according mourning"is a important product of that. On the one hand this system reflects the character that the feudal law committed to maintaining hierarchy system and its colour of confucian ethics ; on the other hand it also revealed that the tranditional Chinese very respected the elders and cherished family's affection,which was imorportant for the family's harmony and social's stability . However with the modernization of Chinese law and the changment of ideological recognition and social structure, our nationals began to examine our trandition with critical eyes. Therefore as so-called feudal dross, this system was denied like other tranditional cultures. However after reasonable analyse from the angle of history and objectivity, I recognize that it is not only reasonable in the history but also very helpful for modern social's harmonious devolopmnent. So it will be very significant to research how to reconstruct and use this system appropriatly. In this thesis, after generalizing other people's opinions, I put forward my own views and legislative suggestions, hoping that can be helpful for constructing harmonious society.