法律

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法律 [2025/08/10 02:56] – created xiaoer法律 [Unknown date] (current) – removed - external edit (Unknown date) 127.0.0.1
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-====== fǎlǜ: 法律 - Law, Legal System ====== +
-===== Quick Summary ===== +
-  * **Keywords:** fǎlǜ, 法律, Chinese law, legal system in China, study law in Chinese, what is falv, 法, 律, legal terms in Mandarin, law in China. +
-  * **Summary:** An essential guide to understanding **法律 (fǎlǜ)**, the Chinese word for **law**. This page explores the meaning of **fǎlǜ**, its cultural roots in Legalism and Confucianism, and its modern application in the **legal system in China**. Whether you want to **study law in Chinese** or simply grasp key **legal terms in Mandarin**, this deep dive will explain how **law in China** is understood and discussed, from formal statutes to everyday conversation. +
-===== Core Meaning ===== +
-  * **Pinyin (with tone marks):** fǎlǜ +
-  * **Part of Speech:** Noun +
-  * **HSK Level:** HSK 4 +
-  * **Concise Definition:** Law; the legal system; a statute or piece of legislation. +
-  * **In a Nutshell:** `法律` is the formal and comprehensive term for "law." It refers to the entire body of official rules and regulations that govern a country, as well as specific statutes passed by a legislature (like the "Labor Law"). It's the word you use when talking about the academic subject of law, the legal profession, or the concept of law as a system of justice and order. +
-===== Character Breakdown ===== +
-  * **法 (fǎ):** This character is composed of `氵` (the "water" radical) and `去` (qù - to go, to remove). The ancient meaning depicted water (`氵`) being used to create a level, fair standard, "removing" (`去`) injustice and inequality. It represents the abstract ideal of fairness and the standard of justice. +
-  * **律 (lǜ):** This character consists of `彳` (the "step" radical, related to walking or conduct) and `聿` (yù - an ancient character for a writing brush). It suggests written rules that guide one's conduct or steps. It represents the concrete, codified regulations and statutes. +
-  * **Together:** `法律 (fǎlǜ)` combines the abstract ideal of justice and fairness (法) with the concrete written rules that guide behavior (律), creating the complete and formal concept of "Law." +
-===== Cultural Context and Significance ===== +
-The concept of `法律` in China has a different historical weight compared to "law" in the West. Understanding it requires looking at two competing philosophies: +
-1.  **Legalism (法家 - Fǎjiā):** An ancient philosophy that argued for a strong state ruled by strict, publicly known laws. For Legalists, `法律` was a tool for the ruler to maintain order and control the population. It was often seen as rigid and harsh, prioritizing state power over individual morality. +
-2.  **Confucianism (儒家 - Rújiā):** The dominant philosophy for much of Chinese history, which valued `礼 (lǐ)` (rites, social etiquette) and `德 (dé)` (virtue) far more than written law. Confucians believed social harmony was best achieved through moral education and proper relationships, not through impersonal legal codes. Resolving disputes through litigation was often seen as a failure of social harmony. +
-This creates a fascinating contrast with the Western concept of the "rule of law," where law is an impartial and supreme authority that even the government must obey. In traditional China, personal relationships (`[[关系]] - guānxi`) and maintaining social harmony were often more influential than strict legal statutes. +
-Today, China is building a "socialist rule of law with Chinese characteristics" (`中国特色社会主义法治`). While `法律` is now critically important in business, international trade, and governance, the cultural preference for resolving disputes through mediation and personal connections, rather than confrontational lawsuits, can still be observed. +
-===== Practical Usage in Modern China ===== +
-`法律` is a formal and standard term used across many contexts. +
-  *   **In Government and Media:** You will constantly hear and see `法律` in news reports, official announcements, and legal documents. It carries a tone of authority and seriousness. +
-  *   **In Academia:** Someone who studies law `学法律 (xué fǎlǜ)` attends law school `法学院 (fǎxuéyuàn)`. +
-  *   **In Business:** Contracts and negotiations are all bound by `法律`. Understanding contract law (`合同法 - hétongfǎ`) is essential. +
-  *   **In Everyday Conversation:** People use it to talk about rights, responsibilities, and illegal activities. It is the go-to word for "the law." For example, "That's against the law!" is a common exclamation. +
-Its connotation is generally neutral-to-positive, representing order, protection, and justice. +
-===== Example Sentences ===== +
-  * **Example 1:** +
-    * 我们都必须遵守**法律**。 +
-    * Pinyin: Wǒmen dōu bìxū zūnshǒu **fǎlǜ**. +
-    * English: We all must abide by the law. +
-    * Analysis: A very common and standard phrase. `遵守 (zūnshǒu)` is the formal verb for "to abide by" or "to comply with" laws and rules. +
-  * **Example 2:** +
-    * 他正在大学里学**法律**。 +
-    * Pinyin: Tā zhèngzài dàxué lǐ xué **fǎlǜ**. +
-    * English: He is studying law at the university. +
-    * Analysis: Here, `法律` refers to the academic subject or field of study. +
-  * **Example 3:** +
-    * 根据中国**法律**，你不能这么做。 +
-    * Pinyin: Gēnjù Zhōngguó **fǎlǜ**, nǐ bùnéng zhème zuò. +
-    * English: According to Chinese law, you cannot do that. +
-    * Analysis: `根据 (gēnjù)` means "according to," a phrase often used to cite a source of authority, like the law. +
-  * **Example 4:** +
-    * **法律**面前，人人平等。 +
-    * Pinyin: **Fǎlǜ** miànqián, rén rén píngděng. +
-    * English: Before the law, everyone is equal. +
-    * Analysis: A common and powerful proverb expressing the ideal of legal equality. `面前 (miànqián)` literally means "in front of the face of." +
-  * **Example 5:** +
-    * 我们应该用**法律**的武器来保护自己的权利。 +
-    * Pinyin: Wǒmen yīnggāi yòng **fǎlǜ** de wǔqì lái bǎohù zìjǐ de quánlì. +
-    * English: We should use the weapon of the law to protect our own rights. +
-    * Analysis: This metaphorical phrase, `法律的武器 (fǎlǜ de wǔqì)`, portrays the law as a tool or "weapon" for self-protection, a common concept in modern China. +
-  * **Example 6:** +
-    * 这家公司触犯了劳动**法律**。 +
-    * Pinyin: Zhè jiā gōngsī chùfàn le láodòng **fǎlǜ**. +
-    * English: This company violated the labor laws. +
-    * Analysis: `法律` can refer to a specific body of law, like `劳动法 (láodòng fǎ)` (Labor Law). `触犯 (chùfàn)` is a formal verb for "to violate" or "to infringe upon" a law. +
-  * **Example 7:** +
-    * 他的行为已经构成了违法，需要承担**法律**责任。 +
-    * Pinyin: Tā de xíngwéi yǐjīng gòuchéng le wéifǎ, xūyào chéngdān **fǎlǜ** zérèn. +
-    * English: His actions already constitute a violation of the law and he needs to bear legal responsibility. +
-    * Analysis: `法律责任 (fǎlǜ zérèn)` means "legal responsibility" or "liability." This is a standard legal phrase. +
-  * **Example 8:** +
-    * 我需要咨询一位**法律**专家。 +
-    * Pinyin: Wǒ xūyào zīxún yí wèi **fǎlǜ** zhuānjiā. +
-    * English: I need to consult a legal expert. +
-    * Analysis: `法律` acts as an adjective here to modify `专家 (zhuānjiā)` (expert). +
-  * **Example 9:** +
-    * 不懂**法律**不能作为借口。 +
-    * Pinyin: Bù dǒng **fǎlǜ** bùnéng zuòwéi jièkǒu. +
-    * English: Ignorance of the law cannot be used as an excuse. +
-    * Analysis: This is the Chinese equivalent of the legal principle "Ignorance of law is no excuse." `作为 (zuòwéi)` means "to serve as" or "as." +
-  * **Example 10:** +
-    * 新的**法律**将于明年一月一日生效。 +
-    * Pinyin: Xīn de **fǎlǜ** jiāng yú míngnián yī yuè yī rì shēngxiào. +
-    * English: The new law will take effect on January 1st of next year. +
-    * Analysis: `生效 (shēngxiào)` is the specific verb for a law or contract "coming into effect." +
-===== Nuances and Common Mistakes ===== +
-A common mistake for learners is using `法律` for any and all "rules." It's important to distinguish it from `规定 (guīdìng)`. +
-  *   **`法律 (fǎlǜ)`:** Refers to high-level, official laws enacted by the state or national legislature. It's a "capital-L" Law. +
-    *   **Correct:** 婚姻**法**是中国的一部重要**法律**。 (The Marriage Law is an important law in China.) +
-  *   **`规定 (guīdìng)`:** Refers to "rules," "regulations," or "provisions." These are more specific and can be set by a company, school, or other organization. It's a "small-r" rule. +
-    *   **Correct:** 公司**规定**，上班不许迟到。 (The company rules state that you cannot be late for work.) +
-    *   **Incorrect:** 公司**法律**，上班不许迟到。 (This is wrong. A company doesn't make `法律`; it makes `规定`.) +
-Think of it this way: A country has `法律`. A library, a school, or an office has `规定`. Breaking a `法律` is `违法 (wéifǎ)`, while breaking a `规定` is `违反规定 (wéifǎn guīdìng)`. +
-===== Related Terms and Concepts ===== +
-  *   [[律师]] (lǜshī) - Lawyer. The `律` is the same as in `法律`. +
-  *   [[法院]] (fǎyuàn) - Court of law, courthouse. The `法` is the same as in `法律`. +
-  *   [[合法]] (héfǎ) - Legal; lawful. The opposite of illegal. +
-  *   [[违法]] (wéifǎ) - Illegal; to violate the law. A very common and important term. +
-  *   [[规定]] (guīdìng) - Regulation; rule. A more specific term for rules set by an organization, not the state. +
-  *   [[宪法]] (xiànfǎ) - Constitution. The fundamental law of a country. +
-  *   [[法治]] (fǎzhì) - Rule of law. The concept that a country should be governed by law. +
-  *   [[法官]] (fǎguān) - Judge. The person who presides over a court. +
-  *   [[法家]] (Fǎjiā) - Legalism. The ancient Chinese philosophical school that advocated for rule by strict law. +
-  *   [[民法]] (mínfǎ) - Civil Law. The branch of law dealing with disputes between individuals or organizations.+