The Study On The Law View Of Familism Of Qutongzu

Legal history research is about the historical development of legal research,the degree of development of a country's legal history research can often bypass exit the level of development of law and legal research of a country.QuTongZu`s legal history studies make pioneering significance in Chinese legal history research,and his contribution is concentrated in the "Chinese law and Chinese society".In the book,he uses the sociological method to deal with the traditional historical materials,put the Chinese law into the traditional society to examine its spirit essence,and sums up in the “familism” and “privilege”.This paper attempts to combine the research purpose and research methods of QuTongZu`s studies about traditional Chinese law,to grasp the logic self-consistency in QuTongZu`s legal history research from the macro and to respond to some questions about QuTongZu`s law studies.And from contact and fracture in QuTongZu works before and after,I tries to sum up the QuTongZu`s contribution to the Chinese legal history research,and then to reflect the development of China's legal history research situation,which of the direction can continue to be spread in future.By outlining the era background,and from the time background and the dialectical relations of academic output,this paper tries to display QuTongZu characteristics of legal research and analysis the deficiency from the path dependence in the study of Chinese legal history.In the specific wording,I will take “the law view of familism” as the breakthrough to describe the QuTongZu legal thoughts and to render QuTongZu path to the research on the history of law.The purpose of the paper is to unearth the innovation of QuTongZu in research perspectives and methods,reveal the enlightenment to the study of contemporary Chinese rule of law,especially in aspect in the modern marriage and family legislation.