以"礼"为核心的传统儒教制度与近代西方法的冲突,成为近代以来以中国、日本、韩国为代表的"东亚法"存在的最大困难。在这一过程中,传统儒教制度逐渐退出中、日的政治和法律领域,而由于韩国在近代维护儒学传统,使得韩国法于近现代的发展呈现出独特的样态。韩国现代法律受到传统儒教文化因素影响,韩国法可以理解为是传统儒家法和西方法结合的一种现代尝试。

There has been conflict between the Confucianism system with its core value "Li" and the Western law since the 16 th century.The Eastern Law,such as the Chinese law,the Japanese law and the Korean law,has to face the serious challenge of the western law for their existence.Korea succeeded in maintaining the tradition of Confucianism while the Confucianism system was driven out from the Chinese and Japanese political and law system,this gave certain features to the Korean law during its modernization.This article tries to discuss several traditional Confucianism laws which are modern hybrid of the traditional Confucianism law and the western law.