中国与西方不同,其古代法律受儒、法、道等各家的学说的影响,儒家思想在其后的发展过程中更是逐渐占据主导地位。在传统的儒家思想影响下,社会道德方面受到了特别的重视,并通过法律的方式加以实践表现,从而使法律制度始终在道德评价、义利识别、社会责任等方面与儒家主导思想高度契合。笔者试图从中国法律和道德关系与西方法律和道德关系的认识对比中,分析中国传统社会的法律与道德。 Different from the West, China’s ancient law was influenced by Confucianism, law and Taoism, and Confucianism gradually dominated its development. Under the influence of traditional Confucianism, social morality has received special attention and has been put into practice through legal means. As a result, the legal system has always been in conformity with the dominant Confucian ideology in terms of moral evaluation, righteousness identification and social responsibility. The author attempts to analyze the law and morals of the traditional Chinese society from the cognition and comparison of the relationship between law and morality in China and western law and morality.