论法律制度存在的社会现实基础——以从集团本位到个人本位的变迁为例

法律制度与社会现实的相适应性是法律制度本身存在和发挥其工具价值的前提条件,我们首先对中国传统法律思想中有关法制与现实的关系的论述进行整理的基础上,从理论上分析二者之间的辩证关系,然后分析中国传统社会维护集团本位的法律制度同当时的社会现实的关系,分析中国现代对个人权利维护的法律制度同当今现实的关系,通过对传统与现实法制存在法制基础的对比,揭示出由于现代法制与现代社会基础不相适应所引发的一系列的问题。

On the Social Reality Which the Legal System Is Based On——Taking the Example of the Changing from the Group-based to the Person-based

The adaptability of the legal system and the social reality is the precondition for the existence of legal system itself and playing the value of the tools.Firstly,this article analyzes the dialectic relationship between legal system and reality from the aspect of theories on the basis of arranging the discussions on the relationship between legal system and reality in Chinese traditional legal thinking,and then it analyzes the relationship between the legal system which maintained the group-based in Chinese traditional society and the social reality of the time,and it also analyzes the relationship between the modern Chinese legal system which safeguards the rights of the individual and today's reality.This article,comparing the basis on which traditional legal system existed and that of the real legal system,reveals a series of problems which triggered by the reason that the modern legal system is incompatible with modern society.