Family Concept On Chinese Legal Effect

Chinese traditional society is a society of agriculture, in the individual small-scale peasant agrarian natural economy condition. In the natural economy condition, the people in order to survive, kinship-based composition family, together with the production, life, family naturally become China’s traditional social economic life and social life of the core. At the same time traditional agriculture technology heritage, mainly rely on the elders teach by precept and example, therefore, has rich experience in production of the patriarchal nature become a authority. Members of the family joint production, long life, from generation to generation reproduction, family-oriented, patriarchal first, filial piety and family values produced then. The family idea of Chinese traditional legal have a direct and far-reaching impact, sense of family lies in the national legislation, to decide the state law, national legislation in the protection of family values at the same time, and to consolidate and strengthen the sense of family.At the end of the Qing Dynasty after the western concept of rule of law reform, incoming, family values being savaged. After the founding of new China, especially since the reform and opening up, the rapid development of productivity, market economy is built and developed increasingly, our country also begins in the western rule of law concept and construction of legal system. Nevertheless, family values and not with the feudal social disintegration and disappearance, the family idea still affects the Chinese economy, politics, social life and other fields, is still affecting our country’s legal establishment and operation. Ideology, once formed, will form a huge traditional strength. Concept of family as a kind of traditional idea, which contains a positive value of the law construction of our country still has important practical significance.Paper has three chapters in addition to the Introduction.The chapter one discusses the family evolution and main contents of the concept of family. Family is the basic unit of the society in China, Chinese traditional social family experienced a form of patriarchal clan, the aristocratic family and clan family three of a family of morphological changes, family members in long-term family life, forming a family-oriented, filial piety, family first, the patriarchal concept. Family first, filial piety, standard, the patriarchal family concept in traditional society, and still exist in today’s society.The chapter two discusses the concept of family on Chinese traditional legal effect. Concept of family decided to traditional law legislation content, the traditional legal everywhere embodies the concept of family. Kin concealment system is the embodiment of the concept of family standard. The patriarchal concept of supremacy of the traditional legal implications embodied in your relatives so right, kids enjoy punishment right and right of complaint, children of relatives should be performed to comply with obligations, while father parents on family members responsible for the behavior of. Retention have affinity "Biejiyicai" system reflects the filial piety to traditional legal effect.The chapter three discusses the concept of family of the current legal effect. Contract with the family manage system and harboring, crime of shielding for example this paper discusses the concept of family is still in China’s existing laws affect, and direct role in legislation. To separate the habits and the current law of succession conflict for example this paper discusses the concept of family affect the effectiveness of law, law of good operation need people on the concept of the identity.Research on family concept on Chinese legal effect, aims to reveal the family concept on Chinese legislation and legal effects of running, pointed out that the concept of family as a kind of traditional idea, which contains its implication of the positive value of the law construction of our country still has important real sense, we should be on the family values of critical inheritance, modern legal services.