The legal tradition of Confucianism was the product of farming production methods, patriarchal fam- ily organization and absolute monarchy in Chinese ancient society. The basic contents such as the ideas of “courtesy rule”,“rule by virtue” and “rule by man” belong to the Confucian legal tradition in pre-Qin. After the Western Han Dynasty, by constantly enriching and being perfect, the Confucian legal tradition became the orthodox values to dominate the practice of the ancient law.%儒家法律传统是中国古代社会农耕生产方式、宗法家庭组织、君主专制政体三合一基本特征的历史产物。先秦儒家法律传统以“礼治”、“德治”、“人治”等思想为其基本内容。西汉以后又不断充实完善,成为支配古代法律实践的正统价值观。
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