中国传统法律文化和谐观念的反思

和谐是中国传统法律文化的基本观念,它具体化为慎刑思想、无讼价值观和情理法特征。小农经济、宗法社会是这种观念的经济和社会基础。传统法律文化的和谐观念具有合理精神,同时也对现代社会产生了消极影响。在现代化进程中,传统法律文化和谐观念应当实现从民本到人本、从一元静止到多元运动、从人治到法治的转变。

The Reconsideration of Harmonious Ideas in Chinese Traditional Law Culture

The harmony is the basic idea of the traditional law culture of China,in other words,it means that we should try our best not to use law to give punishment,to solve the dispute without bringing lawsuit,and to bring human feelings into the law.The small-scale peasant economy and the patriarchal society are separately economic and the social basis of this idea.The harmonious idea of the traditional law culture of China is reasonable,and at the same time,it also produces negative effect.In the process of modernization,the harmonious ideas in the traditional law culture should realize transformation to some degree,namely,from people centered to individual centered,from static motion to multiple motion,from the ruling by people to the ruling by the law.