An Analysis On Humanized Concern Of Chinese Ancient Law And The Contemporary Reference

Chinese law has a long history. It has evolved a full set of legal system with a clearevolution and distinctive characteristics after development of thousand years. However,nowadays, at the mention of the ancients still remind many people of ignorance,backwardness, and inhumanity. In fact, the Chinese ancient law is not all bad. There is nolack of humanistic flash points in the vast volumes of law. Even by now, contemporary lawcannot go beyond traditional law in some aspects such as comprehensive detailed designsof institution, excellent legislative technology and humanized concern. The Confucianismof the Chinese ancient law is largely the process of humanity. Using this as a breakthroughpoint，this article takes “the institution of pardoning the only-child to support linealelders” as an example to do research on the humanization in Chinese ancient law, drawslessons from the point of humanization in ancient law to do a preliminary outlook, andemphasizes the positive reference significance to modern society. The modern law, in acertain extent, should return to human care as ancient law did, or should arouse the vitalityof humanity in ancient law, which may change the grimness of modern law and correct thedepression of moral principles.