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在我们过去法制研究中,并不重视法制的隐型系统。形成这种认识的原因在于没有把法制进行结构性分析,形成在法制建设上显型系统与隐型系统两张皮现象,造成显型系统和隐型系统发展极不平衡。论文从中国法制传统隐型系统及其特点入手,揭示其对当代法制建设的价值。具体分析了中国古代以礼入法、礼法融合法制传统、明德慎罚法制传统、明德无讼法制传统中对法制隐型系统的重视及其功能。
In our past legal system research, we did not attach importance to the implicit system of the legal system. The reason for forming this kind of understanding lies in the fact that the structural analysis of the legal system has not been conducted and the two skins of the explicit system and the implicit system have been formed in the legal system construction. As a result, the development of the explicit system and the implicit system has been extremely unbalanced. The dissertation begins with the traditional implicit system of Chinese legal system and its characteristics, and reveals its value to the construction of contemporary legal system. The paper analyzes the importance and function of ancient Chinese system of law-based steganography in the tradition of enlightenment, integration of courtesy and law, legal system of cautiousness and punishment in Mingde, and tradition of legal system in Mingde.