英文摘要
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Confucian thoughts have been the mainstream in Chinese culture and have been playing the decisive role for centuries. From the abstract morality to concrete judicial judgments, Confucian thoughts always play the important role and lead to critical social developments. However, compraring to the traditional studies on Jingxue(經學) and Tzuxue(子學), the studies on the Confucias' idea of law is still an field without suffcicent investigations. Reasons of causing this kind of situation are complicated, including ”thinking tendency” and ”culture care” etc. It is an open question of whether the Confucias' idea of law and ”Chinese Faxue” (中國法學) are able to be focal point in academics if there were not the cultural impact from the western.This special background results in advantages and disadvantages. In one side, the establishment of macroscopic view and systematic schema is dependent on the deeper reflection according to the western legal traditions and this reflection will reveal the advantage and disadvantage of Confucisan thoughts. In the other side, this discipline lacks the ”holy feelings”, which Jingxue study owns and it sets the basis on the intelligentsia's reflections and abandonments of the traditional culture because it develops in the area of tribulation. Therefore, legal claims on the basis of the heart of Confucian ”Lijiao” have been severely criticized. Undoubtedly, some of criticisms point out essential defects in Confucian thoughts but some of them are based on misunderstanding on Confucian thoughts. The misunderstanding is due to the lack of correct understanding the essence of law in Confucian thoughts. So this article focuses on the Confucian thoughts. It explains the positive meaning of Confucius' idea of law by analyzing and contrasting the connotation of ”Li” and ”Fa”, indicates the contemporary meaning of Confucius' idea of law and it's ”positiveness”, and clearifies some specious criticisms.
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