中华法系研究新论

中华法系的研究,从民国开始到现在,取得了丰硕的成果。儒家学说是缔造中华法系的灵魂,中华法系是中华民族智慧的结晶和伟大创造力的体现,是唯一本土的法系,具有孤立性和保守性。中华法系体现了中国文化的博大精深,可以看作是中华文明的典型代表。它源远流长,具有强大的生命力,其中保存了许多跨越时空的民族性、民主性制度与思想的资源,对于完善我国法制建设具有重要的历史借鉴意义,可以成为重建中华法系的一个基础。

Fresh Discussion of Chinese Legal Genealogy

In the past 80 years, much has been achieved in the studies of Chinese legal genealogy. Confucianism is the soul in forming Chinese legal genealogy, which, as the sole indigenous legal genealogy, bears an isolated, conservative character and is the creation by all nationalities in China. It could be viewed as the typical representative of Chinese civilization, since it embodies the extensive and profound contents of Chinese culture. It goes back to ancient times and has great vitality, in which reserves many resources such as national and democratic ideas and systems that go beyond time and space. With great historical value, these heritages afford us lessons that merit attention in the improvement of legal construction in China, and can be taken as a basis to re-establish Chinese legal genealogy.