法律传统与法制现代化

法律传统并非只是反映过去的法律文化精神,其中蕴含着许多可被现代法制吸收和借鉴的合理成分。法制现代化所面临的一个重要课题便是如何对待法律传统,如何协调好法制转型中的传统因素与现代因素,进而实现传统法律文化的创造性变革。本文试从法律传统的概念入手,对法制现代化承继法律传统的依据及承继进程中进行选择的必要性作了简要分析。

Tradition of Law and Modernization of Legal System

The tradition of law, which doesn' t only reflect the cultural spirit of former law, involves many rational elements that can be absorbed by modern legal system. An important topic of the modernization of legal system is how to treat the tradition of law, how to coordinate the traditional factors and modern factors in law reformation, thus realize the creative reform of the traditional culture of law. Starting with the concept of the tradition of law, this paper has briefly analyzed the foundation for the modernization of legal system to inherit the tradition of law, and the necessity of choice in the process of inheritance.