(A) the economic development caused by the natural environment has different manifestations.

China, located in the Northeast Asian continent, has a typical continental monsoon climate, which is suitable for the development of agriculture. In the long-term feudal society, the self-sufficient natural economy dominated for a long time. On the one hand, it is conducive to a nation to maintain its independence without interference from external forces, thus maintaining its independent development; On the other hand, it also leads to narrowness and backwardness, which is not conducive to the formation of a market that needs commodity exchange. "The closed division between societies caused by natural economy, especially the society surrounded by blood relationship and family, can be called a closed and self-sufficient kingdom." In a closed and autocratic society, its laws can only be used to safeguard the privileges, hierarchy and feudal system of the ruling class, and it is difficult to make up for the defects through learning without communicating with the outside world. The concept of legal system is increasingly backward, the legal system construction is increasingly authoritarian, and it is difficult for the judiciary to develop independently. Law is a superstructure, which is ultimately determined by the economic base. The self-sufficient natural economy determines that it is difficult for our legal concept to break through its own defects and get out of the narrow circle of self.

Most western societies are located in the coastal areas, deeply influenced by the maritime monsoon climate, and the convenient trade conditions enable their commodity economy to develop rapidly. In the late Middle Ages, the early capitalist economy came into being and began to prosper. With the continuous development of social economy, people's demand for commodity exchange is increasingly strong, and the corresponding natural need to continuously expand product sales. Due to the development of the world market, all production and consumption have become worldwide. This kind of economic development inevitably requires the law to fully guarantee the realization of freedom, fairness and justice, fully safeguard personal interests and create a safe and convenient environment for the development of free trade and trade. Under such an economic operation mode, the law to ensure the full realization of private rights will inevitably occupy a core position in the whole society. To achieve exclusive respect for the law, the rules of any individual or collective behavior are really limited within the predetermined scope of the law, and all social subjects and behaviors must follow the provisions of the law. The establishment of the concept of the supremacy of law has laid the foundation of people's belief for the realization of democracy, freedom and justice in western society.

(2) Different ways of exercising political power lead to different interests of the subject to be safeguarded by the law.

China's self-sufficient natural economy determines its political autocracy and slavery. State power is concentrated in the hands of the monarch, and its political organization is a strict hierarchical system, which has long been an autocratic system. This ruling mode will inevitably become the shackles of China's social progress. China's ancient political system was centralized, and all power was concentrated in the hands of the emperor at the tip of the pyramid. Other institutional systems and power operation modes are all aimed at safeguarding the emperor's privileges. Maintaining the emperor's supreme status, dignity and power and establishing the emperor's lofty prestige are the ultimate goals of all systems in ancient China. The establishment of the emperor's supremacy and the appearance of the law led to the emperor's power overriding the law, and the law could not supervise or restrain the exercise of the emperor's power. The autocracy of the political system makes the law only a tool and means to maintain rule and a prop to safeguard class interests. It cannot fairly protect the realization of all individual private rights.

The way of exercising power in western society is different from that in China. The trade exchange and commodity exchange decided by commodity economy objectively require the establishment of the concept of democracy and legal system, and it is precisely because of the establishment of economic foundation that the establishment of people's concepts of justice, freedom and rule of law becomes a natural thing. In order to meet the requirements of economic development, a series of important principles have been put forward in political rule, such as freedom of contract, autonomy of will, separation of powers and checks and balances, and supremacy of law. The theory of political system construction divides the whole social power into three aspects: legislation, judicature and administration, and the three powers restrict each other to achieve the final balance. This model avoids corruption in the use of public power, avoids abusing power for personal gain, and ensures the real realization of democracy, fairness, justice and the legal system. Cicero said in On the Law that the Romans were taught from an early age: "If one wants to seek justice, he should resort to the law". As the authoritative principle of western social rule, law, which is deeply guaranteed by political system, has got rid of the influence of irrational factors such as ethics and feelings, and formed a unique road of rational dehumanization.

(3) Cultural and religious differences make the legal concepts of Chinese and Western people advanced and backward.

The traditional society in China is an authoritarian society with strict hierarchy and identity culture as its core. Traditional culture is centered on the family, and society has only family consciousness, collective consciousness and national consciousness, but no individual consciousness. Rulers advocate benevolence and righteousness, but oppose profit, which further hinders the formation and development of social commodity economy and leads to the lack of favorable climate for advanced legal concepts. The internal mechanism of the traditional society itself makes the establishment of the legal concept of equality, freedom and fairness have no suitable social soil, but have the function of suppression and digestion. Under the influence and constraint of different ranks, orderly aging and three posts and five permanent members, it is neither possible nor necessary to show individual values, and equality and freedom can only become an insignificant decoration. The serious utilitarian psychology of the ruling group also determines that religion can only be the assistant of the ruler in our traditional society, but it cannot have its own independent status. The long feudal society left many unreasonable and unreasonable ideas, but in the later social development, there was no real and thorough ideological revolution to wash away outdated and backward ideas, which finally made our people lose the opportunity to update their ideas.

After the Renaissance, the Reformation and the Enlightenment, the western society further eliminated outdated feudal ideas and established advanced ideas to meet the requirements of social, economic and political development. The establishment of advanced concepts will eventually lead to the establishment of scientific and civilized legal concepts. A series of ideological revolutions have eliminated feudal ideas to a more fundamental extent, which is a complete disintegration and ridicule of the old world. The establishment of advanced ideas pays more attention to the protection of individual rights, and the pursuit of fairness, justice and freedom has been further improved on the basis of inheriting the original scientific ideas. Western society is a society that values religion. The ideas of mutual help and friendship, honesty and trustworthiness, gratitude and atonement advocated by religion are conducive to forming a concern for private rights in the whole society, which naturally becomes an important factor in the establishment of its advanced and civilized legal concept.

(d) Different legal traditions provide different historical bases for the development of Chinese and Western laws.

As a part of the development of oriental law, China society is deeply influenced by cuneiform law and Indian law. These two laws both embody the characteristics of family-oriented, male superiority and female inferiority, as well as the obvious characteristics of open hierarchy inequality and maintaining feudal autocracy. Later, the laws of China were inevitably influenced by it, and their geographical proximity also determined that they had similar natural environment and economy, especially the agricultural economy deeply influenced by climate, which led to some similarities and habits that they could learn from. Since the primitive customary law, China society has laid its own development path. Tradition can be changed, but it won't happen overnight. Changing the inherent habits itself is bound to be a great pain.

As the three major sources of the West, ancient Greek law, Roman law, Roman law, Germanic law and church law all had an important and indelible impact on the development of the western legal system in later generations. Their common feature is to protect private rights and pursue the legal spirit of equality, freedom and justice. Especially, Roman law, as an important representative of private law, has reached a very high level in the concept and construction of private law system, and even attaches importance to the restriction and restriction of power in public law. The respect for private rights caused by the long-term development of society makes western society truly become a legal society with law as the highest standard, and the behavior of any social subject must be limited within the scope permitted by law.