| According to the mainstream in academia, the main features of Chinese traditional legal system lie in the integration of law and morality, "the unity of different laws, as well as the non-difference between civil law and criminal law". Furthermore, Chinese traditional legal system is incompatible with and to some extent produces obstacles for the modern principles of legality derived from the west. This kind of thought is incapable of revealing the historical reasons which have resulted in the formation of Chinese traditional legal system, thus prevents us from understanding the traditional art of legislation and the underlying political wisdom.If we examine Chinese legal construction which combined Li with Xing in the perspective of the realization of the political mission of the Imperial China, we will perceive that this legal construction did totally agree with the Chinese traditional culture of Li and Yue in the Three Dynasties, and also, we will precisely grasp the rational feature of this legal construction. The pan-criminalization of Chinese traditional legal system rooted in the realization of the empire's militarized political mission. And the establishment and maintenance of the norms of Li were equally critical to the safety and stability of the empire. This wisdom of ancient legislation is worthy of the cherishing from the moderns. The transition of the traditional legal system to modern principles of legality is extraordinarily tough because the Qing Dynasty was compelled to join into the international legal order under the threat of western weapons. Whether the transition is successful or not depends on the establishment of modern world-view among the legislators and political leaders. |
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