福州学生论文翻译-中文翻译成英文

精诚翻译全网最低报价50元-70元千字（市场价为100元）先翻译后付费不仅仅是便宜的收费，保证让您满意，不满意免单咨询翻译事宜可以百度搜索精诚翻译找到我们质量保证，价格更低，服务一流！！比传统翻译公司低40%的费用！100%人工翻译Cannon law inclucdes laws and regulations that govern church organizations and believers’life, it is an important factor in medieval feudal law.Cannon law is divine law which is closely related to religious authority, it has strict order system, Christian doctrine and "The Bible" are its purpose and the most important source. Influence of Cannon law on western legal system is found in many aspects. Effect of Christianity and Cannon law on western modern law is the focus in this paper.In the first chapter, the development of religion in middle ages is introduced to prove that Christianity and Cannon law have a fundamental role in the formation and development of modern western legal tradition. In the second chapter, the fit between law and religion proves that region is the source of law, law is the sublimation of religion. In the third chapter, the author depicts formation, development, prosperity and decline of Cannon law in middle ages. Cannon lawdevelops with the development of Rome church, and reaches the peak, and finally declines with the development of the Renaissance movement and centralized political sytem in Western European countries. The fourth chapter describes the influence of Cannon law on the formation of western law, the literary works “Jane Eyre” is used as an example to show European marriage law, then discusses on constitution,criminal law and other aspects. In t he fifth chapter, the author draws the conclusion and again summarizes the influence of Christianity and Cannon law on western law.Keywords:Christian;Cannon law;western law;ContentsIntroduction1、The development of region in middle ages1.1 Origin and development of region in middle ages1.2 The effect of medieval religious reform on law2. The fit between law and religion（Effect of region on law）2.1 Regions is the source of law（1）Effect of religious belief on legal development（2）Law is the sublimation of religion2.2 The similarity between legal rules and religious content（1）C omplementation in values3. T he formation and development of medieval Cannon law3.1 Concept of Canon Law(1)E ssence of Cannon law(2)Modern meaning of Canon Law3.2 Rise and fall of Christianity in European Society in Middle Ages(1)Christianity in the ancient Rome Empire(2) Expansion of Latin Church in Medieval Western Europe3.3 Formation of Canon Law(1) Symbol of formation(4~9 century AD)(2)Establishment of bishop ruling power and" dualization"principle3.4 D evelopment of Canon Law(1) Signs of peak(2) Decline and effect of Cannon law4. Effect of Cannon law in western law1. Effect on marriage law2. Effect on constitution3. Effecton on criminal law5. ConclusionIntroductionWestern legal tradition has deep roots of religion,even value basis of legal system in modern west can be found from theological roots, in theological roots of western legal tradition, medieval Cannon law has themost important significance. It can be said that the appearance of Cannon law is associated with Christian doctrine.教会法把神权政治纳人了法权系统，并且建立起神权的统治地位，也就是说，人类社会生活的法律系统以及相关的法权关系，都必须以教会法所确立起来的神权关系为基础，教会法作为中世纪社会的根本大法，它不但在政治法权领域为公共关系和私人关系确定了神权基础，而且它还把神权提升为一种拯救人类于深渊之中的法律手段。

The church to accept people the right system of theocracy,and establish the theocratic rule status,that is to say,the legal system of human social life and legal relations,based theocratic relationships have to be established by church law,canon law as the fundamental law of medieval society,it not only in the field of political rights for the public and personal relationship to determine the theocratic basis,but also the theocratic promoted to a lawful means to save human beings from the abyss.基督教将上帝的统治转化为上帝的法律。

基督教会对于世俗生活的管辖权以神法为基础，依据的是神的法律，即便是教皇也不具有绝对的权威，他只是上帝的仆人，依据的也是上帝的法律，在神法之外没有教皇的位置。

“教皇的最高统治权、完整的权威或完整的权力虽然是最高的和完整的，但是也被认同于他的管辖权，这意味着它们在性质上都是法律的。

同时又意味着对于它们的行使存在着法律上的限制。

”在宗教与法律的关系方面，存在于欧洲漫长的中世纪的教会法，在欧洲社会的文明发育和对于现代法律、政治制度的塑造与推进方面所起到的重大作用。

而基督教作为这一切产生的根源，对教会法和近代西方法律传统的形成和发展，具有基础性作用。

1、The development of religion in middle agesChristianity was originated from Judaism, in terms of law and religion, In the Judaism classic "Mose law", there are ten commandments by Mose, the first four commandments are avoiding admiring other Gods,avoiding manufacturing and worshiping idols, avoiding using the name of the Lord, avoiding working in weekend; The other six commandments are do not kill people, do not commit adultery, do not steal, do not give false testimony, do not take property of others, modern legal rules and norms of behavior are also included.2, The impact of medieval religious reform on lawHarold J. Berman make a full explanation on the relationship between church law and western legal tradition in his two famous masterpieces- "Law and Revolution" and "Law and Religion". He think Pope Gregory VII’s reform in the Eleventh Century was the starting point for a series of major reforms, which became the foundation for western legal tradition. From this we can also see the contribution of church law on western legal system.Berman's research shows that since late eleventh century, Christianity played a central role in the development of Western politics and law, which is mainly reflected in the following five aspects: First, Christian escaped from the control of local kings,and obtained independent jurisdiction in religious matters, thus realizing the seperation of religious affairs and worldly affairs jurisdictions. According to Berman, the separation and buried a foreshadowing for the separation of church and politics, and offered a prototype for the separation of power. Secondly, the Christian firstly developed a set ofgovernment management mechanisms, what was most important was that church secretary department, finance department and church court were established, which became the first political system in western world with good organization and rich management efficiency, namely a modern country. This provided a template for a variety of secular political laws. Church political organization and management modes were imitated, and significant results were realized. Thirdly, Christianity established the first modern university in west. In those universities,the scholasticism method which was adopted by theology professors had a significant effect on the formation of modern western jurisprudence. And the Rome laws taught by the law professors offered basic materials for the development of modern western laws. This laid a foundation for the formation and development of modern western laws. Fourthly, Christian church laws firstly prohibited duel and divine judgment, the Pope election system was introduced, the importance of meeting vows and promise was emphasized, all these approaches promoted rationalization of modern western laws. Fifthly, in the middle ages when there are various political systems and kings, as a unifying authority, Christianity played a core role in the containment of king’s power, coordination of conflicts between different political power, avoidance of war. In Berman’s view, all of these suggest that Christianity played a fundamental role in the formation and development of modern western legal tradition.2. The combination of law and religion (role of religion in law)1, Religion is the source of lawIn the early stage of ancient Greece, law and religion is a largely .syncretic. In terms of law and legislation, people often cite Delphi’s saying which were usually considered authoritative opinions of the God. Religious ceremonies are reflected in legislation and the judicial form, the priests also play a vital role in the judicial process. As the supreme judge, the king get the duty and power because of Jose’s will.”Holmes once said: "to know what law is, we must know what it once was, and what it will become." Similarly, if you want to know what is religious belief, we must also put aside ideology, and understand what religious belief was and what it will become. Religion is a special kind of subjective understanding by social members, it is sacred experience based on rational understanding of religious phenomena, it is an identification of the religion and attachment, it is people's subjective mental state. In the middle ages, during continuous confrontation between religious beliefs and law, independent status and personality of law were neglected or even destroyed. However, theology and religious forces also make law be directly related to the God. In this process, law is considered to be the manifestation of the will of God, instead the will of only king. With the God's influence, law’ status rises to an unpre cedented height. After observation and analysis of history of religion and law, we will find that law and religion are correlated and fit.(1) The effects of religious belief on law’s developmentThe influence of church law on western law can indicate the effect of Christianity on western legal system, namel the effect of religion on law. In certain historical period of human development, the interpenetration of religion and law appeared, law often become an important expression form for certain religious ideas and requirements, law was accepted because of the effect of religion on law.”，Long-term infiltration of Christianity made law become divine, consequently, law was believed by people. Even today, European social laws still retain much religious and moral content. These content were reflected not only in provistions of public law, private law and criminal law, but also in contemporary western legal system in a unique way.(2),Law is the sublimation of religion2, The similarity between law and religious contentReligion and law have not only historical relationship, they also have common theoretical connotation elements. Rituals, tradition, authority anduniversality and other factors in law may originated from corresponding factors religion. In addition, universality, equality, authority and other values are consistent with the idea of rule of law to some degree. The inherent principle of justice can be understood by moral philosophers, contract shall be performed, damage should be compensated, the agent shall act in good faith.（1）The complementation between religion and law in values.If the human society is considered as a cart, then law and religion are two wheels, they promoted the development of human society together. As two different specifications, religion and law have certain common functions, and both of them play a complementary role, but they don’t involve every apsect of social life. If human society rely on support from law, then the society will be full of blood and violence. If human society is independent on support from religious spirit, a lot of problems will also arise.American scholar Berman put forward that: "without religion, law will lose its sanctity and raw power, while without law, religion will lose its social and historical nature, and become purely personal mystical experience."Religion and law are two different aspects of human experience, but they are mutually one aspect for each party. They have impact on each other.3. The formation and development of medieval church lawTh formation of church law is the result of the development of Christianity, church law became an independent legal system in middle ages. Among them, the development direction of clerical and secular regime determines the development direction of church law. Correspondingly, church law experienced three periods-formation, prosperity and decline.1. The concept of Canon Law(1) Essence of Canon LawThe term “Cannon Law” contains a special word from Greek (cannon), the word’s original meaning is rule that used by craftsmen, it also has the meaning of rule and norm. …… The term is also used to mean that way of life that is consistent with Christian religion and morals., so the devotees also use it to refer to relevant laws t hat are developed in religious conference, later “Cannon Law” becomes a special term.(2) The modern meaning of Canon LawNow, it is generally believed that cannon law refers to organization, regulations of Christian church, believers’ religious belief a nd life rules, the relationship between church and secular regime, as well as all land, marriage,family, inheritance, crime, penalty, litigation and other regulations. Beause main content of canon law are some religious rules, regulations and laws, cannon las is also known as "Temple Law" or "Discipline Law". At the same time, the scope of canon law is not limited to church affairs, it also applies to many secular affairs.2、Rise and fall of Christianity in European Society in Middle Ages(1) Christianity in the ancient Rome EmpireChristianity was originated in Palestinian territories which was under the rule of the ancient Rome in the first century, it was a new Jewish sect which was established for the liberation struggle. It advocated equality and fight against the rich,and had a progressive role in the fight against the Rome ruler,but it faced long-term persecution by Rome master class.After the second century A.D., some noble businessman obtained church leadership, and made Rome rulers support the Christian. In 313, the Rome emperor Constantin promulgated the “Edict of Milan", and officially recognized the legal status of christianity. In 380 BC, the Rome Emperor Theodor Si declared Christianity as the state religion of the Rome Empire.Rome Catholic Church in Medieval Western European expansion（2）The expansion of Rome Catholic Church in Western Europe inmiddle agesIn the early Middle Ages,Catholicism was accepted in many Germanic countries. In 752, Pepin established Carolingian Dynasty, during the fight against Lombards, he cooperated with Pope who canonized him as king of the Franks, since then, king began to be considered as the representative of God.In 843 ad, the Charleyman Empire began to be divided, the whole European continent was in feudal separatist state, magisterium developed under weak kingship. In 10-11 century AD, some popes in Rome churchs started to establish the authority, thus magisterium gradually developed. In 1054, the Christian was formally divided into Rome Catholic and Greek Orthodox Church.They had their own organizations and religious leaders, the patriarch of Constantinople and the bishop of Rome (Pope) were their leaders. By Pope Innocent III period (1198~1216), church and church law's authority reached its peak. After fifteenth Century, with the development of Renaissance and formation unified nations, power of churches gradually declined.3. The formation of Canon Law was originated in during formation and evolution of churches, whose emergence and development is always related to Christian, it is the result of the development of christianity. Cannon law generally experienced three periods-formation, prosperity, and decline.(1) Symbol of the formation (4~9 century AD)Generally, symbol of the formation of canon law was the church law- "Nicene Creed" which was issued by Emperor Constantin of Rome in the Bishops Conference in Nicene in 325.(2) The establishment of bishop ruling power and dualization principleThe formation of church law has a very important basis, i.e. The confirmation of bishop jurisdiction. Since the establishment of church, people gradually accepted that dispute between Christians is church affair, Bishop had jurisdiction on it, appealling to secular courts was not allowed. In 333 ad, the emperor of Rome confirmed bishop jurisdiction, and established the dualization jurisdiction principle: Plaintiff in civil cases can appeal to the bishop and secular courts; For most criminal cases, church trial was made firstly, if the defendant was sentenced to be guilty, he or she would be sentenced by a secular court after depriving his or hermembership. Dualization principle was based on this, and Cannon Law gradually began to develop.4. The development of Canon LawFrom the beginning of tenth century, Rome churchs got more power and reached the peak in early thirteenth century.(1) Cannon law reached the peakThe development of churches in this period was mainly reflected in three aspects:The improvement of status of Canon law. This was achieved through the reform by Pope. The princiles of Canno law were mainly: only those church law which is issued and approved by Pope is valid. The Pope’s ambassador or representative has absolute authority in local church organizations and religious meetings. Appointment from church authoritiy is needed for any position in church. All priests must be single. Up to the thirteenth century when Pope Innocent III was in power, church forces reached its apogee era.Cannon law became an independent legal system. During this period, many popes issued a lot of fatwas and religious conference resolution. Many individuals and officials combiled papal decrees, resolutions of religious meetings, religious laws and regulations, thus church law gradually became an independent legal system. From the beginning of eleventh century to the middle of the twelfth century, a large number of compilation of Canon Law appeared, scholastic philosophy method was effectively used, and church law became an independent legal system.Church court’s jurisdiction constantly expanded. As early as in the early Middle Ages, the whole Europe had been Christianized, Christian theology was the only thought which was dominant in the ideological field, the religious doctrines had deep and broad impact on almost everyong. Based on this, chuuch jurisdiction in this period rapidly expanded with the victory in fight against kingship, the jurisdiction was in fact without any restrictions.(2) Decline and the effect of Canon LawAfter the fifteenth Century,with the development of the Renaissance movement and the formation of centralized system in Western European countries, the position of church began to decline, which was also the case for Cannno law.Although church and Cannon law experienced a heavy blow after the fifteenth century, it did not mean that Canno law would completely disappear.In fact,in the process of the formation of modern western legal concepts and legal systems, the relationshyip between law and religion became more close.First,modern western legal concepts,such as freedom,equality,fraternity,human rights were originally derived from Protestantism thoughts, they were closely linked to Western religious tradition.As the American jurist Berman pointed out: “As for law and religion, in order to achieve prosperity, they are inseparable from each other. Without religion, law will degenerate into mechanical stiff dogma. And religion without will lose social validity.”Second, as a legal system, Canon law was preserved, some principles and systems about marriage, family and inheritance were important sources for modern law in Western Europe. After entering the twentieth century, church law achieved new development, "The code of Canon Law"(1917) and the new version of "The Code of Canon Law" (1983) were representative examples. The 1917 version of "The Code of Canon Law" eliminated the confusion in Cannon law, certain reforms were made in church courts and Cannon law teaching. The period from 1917 to 1983 when the new "The Code of Canon Law" was promulgated can be considered as the fourth stage for thedevelopment of Cannon law.4. Influence of Cannon law on western lawAll kinds of secular laws were formulated under the guidance of Cannnon law. Berman’s study shows that Cannon law contains following contents, “Various laws and regulations develop from church constitutional system.A legal system of marriage is developed from church’s sacrament jurisdiction; A legal system of inheritance is developed from church’s testament jurisdiction; A legal system of property is developed from church’s salary jurisdiction; A legal system of contract is established from church’s pledge juridiction; And a legal sytem of crime and tort behavior is established according to church’s evil jurisdiction. At the same time,and the five jurisdictions are associated, and a system of judicial procedure is established based on these. In a word, the legal system of Canon laws provides a set of legal support for medieval feudal system and theocracy.1 Influence on marriage lawCannon law has the most significant impact on modern marriage and family law system. In terms of marriage, according to Cannon law, the marriage between men and women is the will of God, "monogamy" and “approval from men and women” are stressed. "Monogamy" has become the basic form of marriage in most countries in the world. Cannon law indicates that monogamy is the arrangement of God, any marriage which violates the principle is invalid, Becasue of that, people are not allowed to divorce, even if both husband and wife agree voluntary, divorce means changing the God’s decision and beingunloyal to the God, divorce is forbidden. The British writer Charlotte Bront's masterpiece "Jane Eyre" describes the history in detail, in the love stroy, the female leading role strives for equality and breaks class limit. The poor governess Jane falls in love with the boss Rochester, but she leaves when she finds that his wife is still alive. After Rochester’s wife dies and he becomes disabled, and she get a small legacy, she get together with the beloved and becomes his legal wife. Therefore, in the middle ages, under the influecne of Christian Church and Cannon law, divorce was not allowed in the whole of Europe.2. Influence on ConstitutionThe most significant influence of Cannon law on modern constitutionalism is reflected in power structu re and Canonists’ legal concepts. In medieval Europe, Magisterium and kingship had overlapping conflicts, "separation of the two powers" existed. This is very important, this becomes the most important historical source for modern constitutional system. Inside church, the Pope's authority was not absolutely supreme, it was restricted by divine law and natural law. According to Cannon law, if the Pope breach his faith, splurge on church property, commit adultery, robbery and other serious crimes which cause damage to reputation of church, he will be brought to justice and deposed. In 12th and 13th century, it was stipulated that Pope shall not be eganged in behaviors which cause damage to church or public order. Moreover, according to Cannon law, if the Pope orders a person to do something which can cause damage to the position of the church, the person can refuse to obey the order.3. Influence on criminal lawIn terms of penalty problem, according to Cannon law, penalty is regarded as a revenge, it is considered as a means of restoring social order which is damaged by the crime, thus in imposing penalty, soul purifying and moralcorrection of offenders must be taken into account. It is advocated that imprisoned punishment is better than death penalty, since it offer a chance of reflectiong to the criminal. This is actually a prototype of future education punishment. In conviction and sentencing, all people, regardless of their wealtha are equal, this is the beginning of modern legal principle of equality.5. ConclusionThe professor Berman pointed out: “law and religion are produced due to common human nature. They represent two aspects of human life: law means order, religion represents belief. Without law, human is unable to maintain society, with loss of faith, mankind can't face future world." Legal and religious spirit form the basic social values, religion, law and morals support each other. Law gets universality, sanctity and authority from christianity. This is why law in the western society has supreme authority and religious holiness, and can obtain universal adherence and be deeply rooted.About influence of Christianity and Cannon law in western law,as Walker said:"this effect can be reflected in the following five aspects: first,it affects natural law theory; Second, it directly offer behavior rules which have been put into practice; Third,it strengthens ethical principles and put forwards some of basic basis to support the formulation of national laws or common law rules;Fourth, in terms of humanitarianism, it emphasizes individual value, protection of family member and children,as well as sanctity of life;Fifth, it proves and emphase on the support on moral standards,concept of good faith,honesty,fairness and other aspects.The struggle betwen magisterium and kingship in WesternEurope throughout the Middle Ages has profound impact on western legal system and legal theory, and Cannon law has a unique status in western legal civilization.Cannon law caused medieval darkness and the foolishness, it also offere light and wisdon for the future. The existence of Canon law resulted Western legal civilation which was quite different from eastern counterpart.。