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摘 要
在西方,契约文化可追溯到古希腊文明的世俗源头和基督教的宗教源头,契约不仅存在于私法之中,而且也融入到了宪法与行政法之中,古代西方契约理论经历了几个世纪的发展,已经非常成熟。同时契约精神、契约理念也在社会生活中扮演着重要的角色。西方社会对于各自的责任权利与义务分得十分清楚,人际关系不像中国这么复杂。而在中国,虽然契约文化曾今出现过,但是“家”文化一直是主流,在朝中有君臣,臣子;皇帝称普天下为自己的子民;地方官是百姓的父母官,家文化盛行的同时契约理念缺失,就其文化成因而言主要在于:传统儒家文化。两千多年的封建社会的熏陶,中国的社会关系有着其独特的特点,可以说是一种家族文化。中国人重视“人情”,人际关系网首先是一个家族网。这篇论文旨在从跨文化的角度通过文化现象整合,对两种文化进行对比研究,希望为人际关系的和谐发展带来好的影响。
关键词: 契约文化 人际关系 儒家文化
Abstract
In the western country, the contract can be traced to the origin of ancient Greek civilization and the origin of Christian religious. The contract not only exists in the private law, but also in the constitutional and administrative law, and even now in everyday life. Ancient western contract had developed for several centuries, and were quite sophisticated. The spirit of contract and the concept of contract play an important role in the social life. Western people know very much about their responsibilities and obligations. And the relation of brothers and the relation between the parents and children are not so complex than in China. Although the culture also appeared in china, as the mainstream culture in China is "home" culture, contract was ignored. In the palace, the emperor looked the minister as his son; the whole word is his children. The local officials are the people’s parents. So the concept of contract was limited only in private law. Chinese people attach great importance to human culture. The social relationship can be looked as the network of family relationships. In this thesis I will give some comparisons between the two cultures, and hope to find a good way to build a harmonious relationship in our society.
Keywords: Contract culture, personal relationship, Confucianism,
Chapter 1 Introduction
Significant changes have taken place in China not only economically but also socially and culturally. These changes can be seen everywhere in our daily life: what we eat, where we live and how we dress ourselves. Advances in communication, transportation and computer technology have played a key role in making the word more and more closely linked. Therefore all nations have to adjust to the dynamically changing world. National economic policy cannot be as effective as it was before globalization.