Obligation Orientation and Right-Based Principle—The Difference between Chinese and Western Legal Culture Influenced by Confucianism and Christianity

摘要

As an important part of cultural and ideological progress construction,the improvement of Chinese modern legal system has become a keynote in the process of constructing the harmonious society in China.In the course of the development of Chinese legal system,transplanting from western legal culture is becoming a trend.Therefore,it is necessary to study the difference between Chinese and western legal culture and its influencing elements so as to provide a cultural basis for this transplant.As for cultural factor,Confucianism is the dominated thoughts in traditional Chinese history and Christianity occupies the same place in western culture,accordingly,their influence on the difference between Chinese and western legal culture is great.This paper discusses the difference of the obligation orientation and right-based principle between Chinese and western legal culture influenced by Confucianism and Christianity aiming at provide some important inspirations for the transplant of western legal culture in improving Chinese modern legal system.