论古代法律伦理化及其现代借鉴.docxVIP

北方民族大学本科毕业论文（设计） 论古代法律伦理化及其现代借鉴 摘 要 古代中国是建立在小农经济基础上的家族伦理型社会，家庭作为社会最基本的经济单位，肩负着维持农业生产和维护社会稳定的经济、政治双重作用。因此，国家对如何调整家庭内部的血亲关系尤其是父与子之间的亲子关系十分重视，以家父权为核心的中国古代法律在整个封建法律体系中处于十分重要的地位。自周以降，礼法逐渐融合。“亲亲”、“尊尊”作为礼法的基本原则和精神被逐渐贯注到法律中，中国古代法律走上了伦理化的道路。中国古代法律通过伦理化强化了子女对于父母的孝道，并赋予父包括经济权、惩戒权在内的诸多特权，父母子女之间权利义务极不平等，实行同罪异罚。中国古代法律的伦理化固然存在很多弊端，但其铸就了中华民族赡养父母、敬老爱亲的优秀品格;促进了子女责任意识的培养;维护了家庭的和睦、社会的稳定以及人际关系的和谐;体现了法律的人文关怀等。这些合理因素仍然有其重要的现代价值。本文主要探讨古代法律伦理化状况及其对我们现代社会的借鉴。 关键词：古代法律；法律；伦理化；现代价值  On the Ethicization of Ancient Law and Its Modern Reference Abstract Ancient China was a family ethical society based on small-scale peasant economy. As the most basic economic unit of society, the family played a dual role of economy and politics in maintaining agricultural production and social stability. Therefore, the state attaches great importance to how to adjust the blood relationship within the family, especially the parent-child relationship between father and son. Ancient Chinese law with paternity as its core is in a very important position in the whole feudal legal system. Since Zhou Dynasty, etiquette and law have been gradually integrated. As the basic principles and spirit of etiquette and law, kinship and respect have been gradually absorbed into the law, and ancient Chinese law has embarked on the path of ethics. Ancient Chinese laws strengthened the filial piety of children to their parents through ethics, and endowed the father with many privileges, including economic rights and punishment rights. The rights and obligations between parents and children were extremely unequal, and the same crime and different punishments were imposed. Although there are many drawbacks in the ethicalization of ancient Chinese law, it has created the excellent character of supporting parents and respecting the elderly and loving relatives of the Chinese nation, promoted the cultivation of childrens sense of responsibility, maintained family harmony, social stability and interpersonal harmony, and embodied the hum