中国"伦理法"成因之探析

中国“伦理法”是在中国古代特殊的历史背景下,与儒家的道德观紧密相连的,独成一体的世界早期法律发展的基本形态之一。文章主要从整体和根本精神上探析中国传统法文化,认为：中国伦理法形成的物质基础是个体小农经济的农业生产,理论基础是儒家宗法伦理体系,政治基础是高度集中的中央集权,哲学基础是中国传统的“天人合一”观。

A probe into the formation of Chinese ethical laws

Chinese ethical law is a typical basic form of preliminary laws, which was formed by the combination of Confucian moral ethics and special historical backgrounds. It is considered that the material basis for the formation of Chinese ethical law was individual peasant-based agricultural production and its theoretical basis was Confucian moral ethical system. It is found that the political basis was the highly concentrated central dictatorship and the philosophical basis was the Chinese traditional notion in which "the universe and man can be considered as a whole".