中华法系的原生形态、发展轨迹和基本特征

古史传说时代的东夷民族，不仅发明了最初的法律制度，还酿造了丰富的法律观念，这些内容构成了中华法系的原生形态。中华法系自西周至唐代基本形成。西周法律的总体精神是礼而宏观样式是判例法。战国秦朝确立了集权政体和“成文法”同时开始将礼局部成文法化。汉代开始了儒法互补、礼法结合并初建“混合法”样式。《唐律疏议》标志着成文法对礼的全面吸收以及律与例的结合。这标志着中华法系发展到巅峰。中华法系的基本特征是伦理主义精神和成文法与判例、法律规范与非法律规范相结合的“混合法”。

Prototype, Development Trace and Basic Features of Chinese Legal System

Dongyi nationality created not only original legal institutions,but also profuse notions of law, which constituted the prototype of Chinese legal system. Chinese Legal System had taken shape basically in Tang dynasty. The total spirit of Western Zhou′s law was Li, and macroscopical style of which was the case law. In Chan Kuo and Qin Dynasty, the centralized regime and the statute law had been established, and in the meantime Li was converted into the statute partly. The Han Dynasty began to promote the combination of Li and law, and formed the mixed-law. "The Tang law dredges opinion"indicated the all-sided combination of Li and law, Lv and Li(case),which meant the top development of Chinese legal system. The ethicality and the mixed-law, which combined the statute law and the case law, legal norms and other norms, are the basic spirit of Chinese legal system.