论文部分内容阅读
中华法系之所以被日本所接受,不仅因为它本身具有的法律共同性的一般规律、原理、原则的实践与理论根据,而且在于中华法系包含了许多跨越时空、历久常新的价值和合理性因素,包括其接受儒家思想的文化基础和接受中华法系伦理法制的亲情关系的社会基础,及接受以维护君权至上、君权神授为立法宗旨的与古代中国相类似的政治基础。同时,日本民族适合其本国国情和社会需要的具体立法活动与法制建设,又进一步巩固了中华法系的基石,更加渲染和烘托了中华法系的特点。
The reason that the Chinese legal system was accepted by Japan is not only because of its own common laws, principles and principles of law commonality and theoretical basis, but also that the Chinese legal system contains many new values and reasonable values It includes the social basis of accepting the cultural foundation of Confucianism and accepting the affection relationship of ethics and law in China Legal System, and accepting the political basis similar to that of ancient China in order to maintain the monarchical supremacy and divine authority as the legislative purpose. In the meantime, the specific legislative activities and legal construction that suit the needs of the Japanese nation in line with their own national conditions and social needs have further consolidated the cornerstone of the Chinese legal system, and have even rendered more distinctions in the characteristics of the Chinese legal system.