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中国古代社会曾经历了西周春秋的宗法贵族政体的时代。它不仅酿造了沁人心骨的贵族精神,还培育了生命力极强的判例法。两者互为因果,相辅相成。尔后,虽经世代变迁、王朝更迭,先秦的贵族精神因深深融入君子士大夫的为人品格和处事方式,始终发挥着潜在的支配作用,从而为中国古代几度兴盛、连绵不绝的判例法,提供了无形的精神源泉。也正是这种贵族精神和判例法传统,不断拯救了法,完善了法,推动了法,使中国古代法律实践活动在世界法律文化之林中别具特色、灿烂多彩。
Ancient Chinese society experienced the era of patriarchal clan aristocracy in the Western Zhou Dynasty. It is not only brewing a bracing aristocracy, but also fostering strong case law. Mutual causation between the two, complement each other. Later, though the generations changed and the dynasties changed, the aristocratic spirit of the pre-Qin period always played a potential dominating role because of its deep integration with the character and method of doing things of the gentleman’s doctor. As a result, Provides an invisible source of spirituality. It is also this aristocratic spirit and the tradition of case law that the law has been constantly saved, the law improved and the law promoted so that the ancient Chinese legal practice is distinctive and splendid in the world of law and culture.