《红楼梦》中所见的中国家族法法律专业论文.docxVIP

ABSTRACT IV IV ABSTRACT The parallel development of the national law and family law, the most significant feature of the development of Chinas feudal legal system. The feudal family law to maintain the power of the parents and patriarch as the core, to achieve the orderly rule political purposes within the family. The feudal rulers of the basic principles of the rule of feudal autocracy and nepotism, to some extent acknowledged the existence of parental authority, to give the family law legal effect as an important complement to national law. Especially since the Song Dynasty, the family law system is increasingly comprehensive, rigorous, increasingly important position in the national law. In Chinese traditional home - country dual society, and not much real legal acts, in fact, a large number of legal acts is part of everyday life, is also every moment occurred behavior, which is precisely reflected in the literary works scholars call the legal literature. Water Margin, The West Chamber and other works nothing special. American jurist Posner in Law and Literature a book about love, mature, sophisticated, adventure, religion, friendship, alienation, death, war and art itself, the law is the human experience of a permanent characteristic. Unlike in the West, the ancient Chinese writer and legal relationship has its particularity. First, China is an ethical society throughout, Confucianism, Legalism is not very respected, the law does not belong to the mainstream of society. Especially since the imperial examination system, the the imperial origin Scholars often wear many hats, the poetry allows these Scholars quickly became famous, and learned in the law but can not meet that goal. Wen persons sub disregard the law, resulting in very few purely legal work. Secondly, the generation of literary works is often a combination of real-life experience and reasonable fictional legal objective and rational and legal red tape and details can not achieve this effect. Fi