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中国的传统法律在泱泱数千年的中国社会文明发展史中形成了一种光辉灿烂、独具特色的法律文化形象。即中国传统法律在总体上呈现出“以刑为主”、以公法文化为标志的特色。从思想到制度、从初创到发展、从形式到内容无不展现着中国传统法文化的精髓和价值。其法律形式上以刑为主的性质,刑罚方式上以惩罚为宗旨的观念,法律规范刑法化的表现,共同构筑了中国传统法律独树一帜的刑法文化风格。
The traditional Chinese law has shaped a glorious and unique legal and cultural image in the history of the development of Chinese social civilization for thousands of years. That is to say, the traditional Chinese law as a whole has shown the characteristic of “taking the punishment as its mainstay” and the public law culture as its mark. From ideology to system, from start-up to development, everything from form to content shows the essence and value of Chinese traditional legal culture. The legal form of the penalty-based nature of punishment on the punishment for the purpose of the concept of legal norms criminalization of the performance of common Chinese traditional law to build a unique criminal law and cultural style.