中非传统法律文化是在各自环境中独立生成的,却呈现出集团本位的共同倾向,在法律观念和法律实践中,都压制个体意志和利益,强调社会和谐。两者在集团本位上各有特色,与中国传统社会相比,传统非洲不存在成文法和国家本位,祖先崇拜及富宗教性。然而,无论中国还是非洲,在现代法治进程中都不能脱离和忽视传统法律文化,应积极汲取自身有益的历史资源。 The traditional legal culture in China and Africa are independently generated in their respective environments. However, they have shown the common tendency of group-based status. In the legal concept and legal practice, they suppress the individual will and interest and emphasize social harmony. Both of them have their own characteristics in the group standard. Compared with the traditional Chinese society, there is no statutory and national standard, ancestor worship and rich religion in traditional Africa. However, both China and Africa can not deviate from and ignore the traditional legal culture in the process of modern rule of law, and should actively learn their own useful historic resources.