中国封建法再认识

封建法被人们看作是中国传统法律的典型特征。但是,这一概念在中西法律文化中的内涵是有极大差异的。英国封建法孕育的有限王权和身份关系为现代社会提供了法治资源,至今仍有影响;而以集权和家族为特征的中国封建法则与法治社会相去甚远。理清封建法在传统中国与英国的社会中的不同内涵及其与法治社会的源流关系,有助于我们深入认识中国传统法律精神。

The Investigation of Chinese Feudal Law

Feudal law has been taken as the representative character or Chinese traditional law. Actually, there are great differences between the connotation of this concept in Chinese and Western respect cul- ture. The limited sovereign power and the feudal relationships gestated by British feudal law have provid- ed resources to the modern rule of law, with great influence up to now. on the contrary, Chinese feudal law represented by the centralization of powers and clans can't agree with a rule of law society. Clarify- ing the feudal law's different connotation and origin between Chinese and British society would help us make deep comprehension of traditional Chinese legal spirit.