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儒家和法家在相互独立发展时期拥有各自学派的法律思想理论并且在这一时期中国法律文化呈现是多元化共存的局面。而儒法合流时期,对中国传统法律文化的塑造成形起着特别重大的影响,同时也使得中国传统法律文化开始走向自我完善。本文立足于分析儒家和法家在这两个时期的经典法律思想之间的关系来论证这些学说相互作用是导致儒法合流之下形成特有的中国传统法律文化。
Confucianism and Legalism have their own school of thought and ideology of law during the period of their independent development. In this period, the legal culture in China presents the situation of diversified coexistence. The confluence of Confucianism and Legalism played a particularly significant role in shaping the traditional Chinese legal culture. At the same time, it also started to make China’s traditional legal culture self-improvement. Based on the analysis of the relationship between Confucianism and Legalism in the classic legal thoughts in these two periods, this paper argues that the interaction of these theories leads to the formation of a unique traditional Chinese legal culture under the confluence of Confucianism and law.