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封建法被人们看作是中国传统法律的典型特征。但是,这一概念在中西法律文化中的内涵是有极大差异的。英国封建法孕育的有限王权和身份关系为现代社会提供了法治资源,至今仍有影响;而以集权和家族为特征的中国封建法则与法治社会相去甚远。理清封建法在传统中国与英国的社会中的不同内涵及其与法治社会的源流关系,有助于我们深入认识中国传统法律精神。
Feudalism was seen as a typical feature of Chinese traditional law. However, the connotation of this concept in the legal culture of China and the West is very different. The limited sovereignty and status of the British feudal law gave birth to the resources of the rule of law in modern society and still exert an influence. The Chinese feudal law characterized by centralization and clan rule is far from the rule of law. To clarify the different connotations of feudal law in the traditional Chinese and British societies and their relations with the rule of law society will help us to understand the spirit of Chinese traditional law in depth.