法律制度的亲情化与亲情的法律制度化——“亲情”、“法理”及“钟摆模式”

伴随着中国社会由传统向现代的转变,法制的转型、变革的过程也就是法制现代化的过程.社会不断的现代化,法律制度也随之完成了其自身的现代性转型."情理法"既是一种传统,也是一种惯性力量,在"乡土社会"与国家制定法一道规范、调整着人与人之间的关系;法理与亲情将在同一个场域之下,相互追求讨价还价式的利益分配.

The Affectionate Legal System and the Legal Systematization of Emotional Attachment --On "Emotional Attachment", "Legal Principles" and the "Pendulum Mode"

With the transformation of the Chinese society from traditional type to modern type, the transformation and evolution process of legal system is also the modernization process of legal system. Legal system has finished its own modernization transformation in accordance with the unceasing modernization of the society. "Affectionate Law" is the conventionality as well as an inertial force which standardizes and regulates the interrelations between people with the "local society" and the state's laws. Legal principles and emotional attachment compete for the benefit share with each other in the way of a bargaining under the same circumstance.