The performance of the differences in the legal culture of the countries?

The differences between the legal cultures of Chinese and Western countries are manifested in several aspects:

1.? The differences between Chinese and Western legal culture are firstly manifested in the concept of law.

The traditional Chinese concept of law is mainly based on the "criminal" as the core and content, the Chinese are accustomed to the punishment, penalty, law, and thought that the law is the criminal law. Although successive dynasties have emphasized the compilation of codes of law, most of them are mainly in the form of penalties. Provisions relating to marriage, family, litigation and so on were criminalized in nature, i.e., the provisions and methods of criminal law were used to understand and deal with non-criminalized issues. The law, however, does not distinguish between civil and criminal law, and is often a collection of many laws in one. This notion originated in the particular formation of ancient Chinese law and was reinforced in later developments. Penalty was associated with violence and was initially directed mainly against foreigners, but was gradually transformed and expanded to include all those who violated the rites and customs of the foreigners in their nature. Penalization was ultimately a blood group oppressive law and was long confined to the boundaries of blood.

The Western conception of the law was centered on rights, because in ancient Greece and Rome the state and the law began as a conflict between the common people and the nobility, and in a sense they were the result of social compromise. It was an important instrument for determining and protecting the rights of all social classes, and as such it gained the effect of uniform compliance. As a result, the West had a large number of norms concerning civil matters, and thus commercial and civil law were well developed. This can be seen in Roman law. In terms of the nature of legal culture, traditional Chinese legal culture is a public law culture, and its nature is a criminal legal system. Western legal culture is traditionally a private law culture, i.e. a civil legal system. This is also due to the reflection of the differences between Chinese and Western legal culture in the concept of law.

2.? Another difference between Chinese and Western legal culture is the primacy of law, that is, what law takes as the basic unit of its rights and obligations.

The nativity of Chinese legal culture is characterized by increasing groupization. The West, on the other hand, is increasingly individualized. But this is not absolute. The ontology of law in both China and the West has changed considerably over the course of this century.

In China, the individual's place in the law is increasingly valued and growing, as well illustrated by the inclusion of human rights in the constitution and the promulgation and implementation of the Property Law, as well as a large number of related civil laws. In contrast, connectivism and nationalism have had a once depersonalizing effect on the Western legal vernacular.

3.? And ethicality and religiosity with is the most polarized difference in Chinese and Western legal culture.

The traditional Chinese law in the Western Han Dynasty after the Confucian ethical control, respect for Confucianism and the law has become the Western Han Dynasty rulers very respected concept of governance. Thus, the Confucian ethical spirit and principles increasingly regulate the changes and development of the law, to the Sui and Tang dynasties to make Chinese law completely ethical, until the end of the Qing Dynasty there has been no major changes. Confucian ethics made traditional Chinese law a kind of moralized law, with law becoming a tool of morality and morality becoming the soul of law. This not only deprived traditional Chinese law of its independent character, but also fundamentally hindered its transformation to modern times, and still has a very strong influence on China.

Western legal culture, on the other hand, has been influenced by Christianity since Rome, and Christianity gradually took control of secular law during the Middle Ages. Church law has had a significant impact on the development of Western law, such as, it requires the systematization of law, the Church and the Western "supremacy of law" that is the principle of legality is closely related; Christianity was the first to develop a set of governmental institutions, the most important is that the Church constructed to the Pope as the core of the Church Clerk, the Treasury and the Church Court, thus becoming the first modern Western organization of the strictest organization. It became the first well-organized and efficiently administered body politic in the modern West, i.e., the state in the modern sense of the word. This provided a model for the law of various secular political bodies; Christianity was also the first to organize the first modern universities, in which the theological professors adopted the method of scripturalism for the formation of modern Western jurisprudence has had an important impact. The Roman law taught by law professors provided the basis for the development of modern Western law; and the Church was the first to import the system of electing the Pope, and the dichotomy between ecclesiastical and royal authority constituted the most important historical source of the modern constitutional system.

In short, the influence of religion on the culture of Western law went deep into the depths of thought and institutions. In China, on the other hand, religion has become a tool for the ruler to rule, and it has not formed a complete set of systems and institutions like Christianity in the West, so the influence of religion on Chinese legal culture is very little.

The main differences between the two legal cultures of China and the West and their root causes:

Since the contents of the two legal cultures of China and the West are really vast, it is difficult to describe them in a comprehensive way, but we can see some macro-differences between the two cultures from the above distillation of the two cultural traditions:

Firstly, the Chinese legal culture, which is based on the rites and laws, has a different hierarchical structure from that of the western cultural traditions. First, the difference between the hierarchical Chinese legal culture, which is mainly based on rituals and laws, and the equality concept of "equality before the law" in the Western cultural tradition

Second, the difference between the collective view in the Chinese legal culture tradition and the individual view in the Western legal culture tradition.

Third, the difference between the Chinese legal culture tradition of "rule by virtue" and the Western idea of the rule of law. Fourth, the difference between the Chinese public law culture, which is inclined to "criminal rule", and the Western private law culture, which is characterized by the "law of rights".

There are many reasons for the differences between Chinese and Western legal culture, such as social structure, historical tradition, cultural concepts, values and so on, but the real decisive role is still with the superstructure relative to the economic basis of the huge differences. As we all know, the natural economy corresponds to the period of human agricultural civilization, and the commodity economy corresponds to the period of industrial civilization. The traditional Chinese legal culture belongs to the cultural model of agricultural civilization. The self-sufficient natural economy restricts the scope of people's activities, and people live in a narrow society of acquaintances, which tends to rely on social norms such as ethics, morality, and customs to adjust people's daily behaviors, and does not give rise to modern concepts of the rule of law such as faith in the law, reverence for the law, and the supremacy of the law.

Western legal culture is part of the cultural model of industrial civilization, and the development and improvement of the market economy requires the supremacy of the law in governance, while the rights-based and contractual interactions of equal subjects also require uniform and universally applicable legal norms, which has given rise to the modern concept of the rule of law.

It is thus clear that it is the difference in economic models that has led to the great disparity between the rule of man in China and the rule of law in the West.