On the Similarities and Differences between Chinese and Western Traditional Legal Culture

First, the semantic differences between Chinese and Western traditional legal cultures.

Although China's laws have different main contents in different periods, they are punishment in Shang Dynasty, law in Spring and Autumn Period and Warring States Period, and law after Qin and Han Dynasties. But whether it is punishment, law or law, their core is criminal law, which contains criminal law and punishment, but does not contain the meaning of rights and justice. In the west, there are many Latin words that can be translated into "law", but they have three basic meanings: law, right and justice. From the beginning, this word closely linked law, justice and rights. In the west, "law is the art of justice". Through the semantic differences of "law" between China and the West, we can see the differences in value orientation and historical background between China and the West. In China, law is not equal to rights, so traditional laws in China lack the culture of rights, and people don't know what rights are. In the eyes of China people, the law is either a purely mandatory provision or a violent rule.

Children's attitude towards the law is irrational. On the other hand, the West has a long tradition of rights culture. They advocate law, they think that law is a tool to protect people's rights, they emphasize the principle of honesty and credit, and their attitude towards law is rational. From the etymological analysis of the law, we can see that the different concepts of rights and obligations between the East and the West lead to different attitudes towards the law. Therefore, westerners seek benefits from active rights protection, while China people seek benefits from passive or forced obligation risks.

Second, the status differences between Chinese and Western traditional legal cultures.

The differences between Chinese and western traditional legal cultures are highlighted in the differences in legal status. This difference can be seen from the following two aspects:

(A) the authority of the law

Studying the history of western law, we will find that in the traditional western legal culture, law is the core culture and has supreme authority. No matter the long-term opposition and struggle between the Christian church and the royal power, neither party can win an overwhelming victory. This pluralistic political pattern dominated by binary opposition is the condition for the formation of western legal tradition. Or the view that the rise of the merchant class in the European kingdom in the late Middle Ages is the realistic basis of the western legal tradition, we can see that the reason why law has become the core culture and authoritative position of a society is actually a compromise to balance various conflicts of power and interests so as to avoid mutual destruction. The period from the end of 1 1 to the end of 12 is almost the knowledge of all scholars. During this period, Roman Catholic churches, cities and other secular political bodies in western European countries created various legal systems. The legal system really broke away from the social matrix of social habits, political systems and religious systems, and formed a systematic and independent legal system characterized by written laws. After that, the western legal system continued to develop for generations and centuries, and each generation consciously built on the basis of the previous generation.

In western traditional legal culture, law is the supreme ruler. Based on the understanding that human nature is evil, people care for anyone.

(2) Belief in the law

The public's respect for the law stems from the public's belief in the law and from the sacred sense of the law. In western culture, the most profound influence of Christianity on law is the concept of law. God is the creator of the universe, the creator of mankind itself and the creator of mankind.

It's just a gift from God. Because most westerners believe in religion, people's obedience to religion is genuine obedience from the heart and sincere belief in religion. This belief can inspire people's trust, confidence and respect for the law, and they are willing to participate in it. It is in this universal religious emotional atmosphere that the law finally finds the real foundation and source of its legitimacy and rationality, and obtains the true sacredness with universal social appeal. There has never been heartfelt guilt in China's traditional culture. People in China sometimes believe in superstition, and the premise of superstition is that they want something, not sincerely obey it, but have to obey it under certain circumstances. Since the law of China came into being, it is because of its harshness and ruthlessness, and because of the coercion, suppression and threats from external forces, the public has a sense of awe, but no sense of sacredness. Therefore, it is difficult for people to have faith in the law.

Third, the difference of legal function.

Regardless of ideology or political structure, China has maintained an ultra-stable unified national form with Confucianism as the national value system since the Qin Dynasty. No political force can compete with this powerful imperial power, not to mention the long-term national policy of "emphasizing agriculture and restraining commerce" implemented by successive dynasties, which cut off the possibility of the merchant class becoming a political game force. From the beginning, the law was only used as a tool of state violence and a means of managing subjects. The law only has the one-way oppression and behavior requirements of the imperial power on the subjects, which has been generally recognized by the whole society from the beginning because of the strong patriarchal clan system in China, and has been continuously strengthened in the long historical process. In the west, based on the political structure of city-state politics and the economic development mode of commodity exchange, which is completely different from China, law is the requirement of the state for people's behavior norms on the one hand, and the rules of civil and commercial exchanges between equal individuals on the other. The development of diversified value system and the interests of different social classes make law an adjustment tool to adjust these forces, which means reaching a satisfactory compromise instead of mutually assured destruction. Law is a weapon for people to fight for their own interests, and it is also a weapon for power struggle. Western Christian culture endows the law with authority and people's equal recognition of everyone (including the monarch) before the law, which makes the law have a two-way communication and game process between subjects.

Similarities between Chinese and Western Traditional Legal Cultures

Although there are great differences between Chinese and western traditional legal cultures, there are also some similarities. Especially when both of them are at some point.

Promoted the civilized evolution of human society. China's traditional legal culture has experienced the evolution from ritual and music civilization to ritual and law civilization.