The Research On The Comparison Of Traditional Legal Culture

With the increasingly growth of total strength of national capacity, Chinesepeople start to find the unique nature of ourselves among the world forest. Especiallywhen we studied the western legal system, culture and developmental path severaldecades ago, we have found that the stuff of the west could not be functional verywell in our country. As we all know, it is the culture that can represent and influenceits national personality intensively. Therefore, we need to figure out the differencebetween Chinese and Western traditional Legal culture, analyzing the deep reason ofthe difference. Then there is a possibility that we can integrate them efficiently. As itdid in the case ofthe wide rural area in my country, to avoid the conflict betweenkinsfolks, numerous parents would like to divide up family property and live apartwhen they are still alive. Mostly the sons will get the majority. In return, they areunder an obligation to their old parents. We call such division a type of conditionalgift，a little similar to the contract signed among the relatives. Once the tussle arises,it will be straightened usually hosted by the venerable man in the village instead ofjudge. This kind of legal problem reflects two major concerns. To start with, in therural areas in China, based on the self-sufficient farming, people don’t have to bartergoods for the purpose of making a living. Therefore, the top-down management hasbred a person of authority who masters the most skillful method of farming.Individuals get into the habit of obedience. Otherwise he can’t grasp the method offarming. If things go on like this, they are accustomed to falling back on therenowned man when they are in difficulties rather than the court. Whereas, because oflacking the sufficient agricultural products in a single country，people need toexchanges, realizes helps supply each other. Business and Trade prevails in the westunder this background. Both parties in the transaction possess an equal status. Hence,when the trouble is on the table, they need a moderate third-party to settle thematter.Another essential factor is that in the wild rural area of China, numerousvillagers have the same family name, which proves that they were all relativesmillions years ago. Owing to the tremendous domestic relation. People in China have a strong dislike for lawsuit, for such behavior offends against the cannons of goodmanners enlightened by Confucius. We are concerned about harmony and face-saving.When somebody sues, it will be very hard for him to stay in the village due to thereputation of quite heartless. Thereafter, he will experience closed doors one afteranother because of losing the social life. So, people do not wish to go to law any morethan necessary. In the Legal practice of Chinese history, the law can be mostly usedas a kind of tool in extremely tough situation other than a sort of lifestyle.On the basisof what we have analyzed, we can reasonably conclude that the local customs andculture determines how the law works in one region. And the other way round, onecountry’s law system reflects a nation’s specific cognition, mode of thinking, nationalcharacter and mentality. After knowing this, I realized that the Transplant of Lawdoes not mean copy foreign legal institution blindly. First of all, we must know thedifference of mental models between China and Western Country. Besides, we needto compare the legal system of China and Western Country. What’s more, we need toanalyze the connection between the form of thought and rule of law. Only throughthis way can we absorb the essence of law effectively.