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中国传统法文化不仅有丰富的法律思想,还有诸多先进的法律制度。成为中国古代文明中举足轻重的一块。各朝代的法律思想和制度都发挥着重要的作用,有些甚至在今天仍旧能产生影响。其中“法、礼、刑”当然的成为研究中国传统文化的基础性的课题。本文从中国传统法文化入手,分别说明礼与法的来源及其发展,阐明二者的关系,从传统来看二者实为相辅而行,缺一不可。故对于中国古代的“礼治”与“法治”之争也应该全面地理解。尽管二者在诸多方面存在分歧,但仍有着共通的思想精髓。
Chinese traditional legal culture not only has rich legal thoughts, but also has many advanced legal systems. Become the most important part of ancient Chinese civilization. Every dynasty’s legal thoughts and institutions play an important role, some of which can still have an impact today. Among them, “law, courtesy and punishment” have certainly become the basic topics for studying Chinese traditional culture. Starting from the traditional Chinese legal culture, this article explains the source and development of Etiquette and Law, and expounds their relationship respectively. Therefore, the controversy over “Rule of Rites” and “Rule of Law” in ancient China should also be fully understood. Although there are differences in many aspects between the two, they still share a common ideological essence.