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二十一世纪的中国社会正在进行一场法治的变革,而主导这场法治变革方向的不应该仅是西方的法律文化,中国的传统法律文化一直保持着发展的连续性和主体的纯洁性。家国一体,儒学与法律的交融使得中华法系远播海内外,影响深远,法律与道德相辅相成,彼此依托,情理法完美交融,使得两千年来的封建法制根深蒂固,生生不息。本文认为中国寻求现代法制的道路不必舍近求远,对于传统的法律文化应该秉承批判继承的方针去取其精华以找寻适合现代法制发展的因素。
The Chinese society in the 21st century is undergoing a revolution in the rule of law. The direction leading to this change in the rule of law should not be merely the legal culture in the West. The traditional legal culture in China has maintained the continuity of development and the purity of its subject. With the integration of Confucianism and law, the Chinese legal system has far-reaching impact both at home and abroad. The law and moral complement each other, and each other relies on the perfect combination of sentiments and principles, making the two thousand years of feudal legal system deeply rooted and giving birth to endless things. This paper argues that the road to seek the modern legal system in China does not have to be far away. For the traditional legal culture, we should uphold its principle of critical inheritance to find its essence in order to find a suitable factor for the development of modern legal system.