Abstract

The film Evelyn reflects lots of the western legal culture. Comparing them with Chinese traditional legal culture, there exist four main differences. Based on previous studies of the differences between Chinese and western legal culture, this thesis will further explore the differences on four aspects in the setting of the film Evelyn. First, in Chinese people’s concept, individual interests should succumb to collective interests, while it is just opposite in the west, where they stress individual interests. Second, in Chinese society, people value affection more than law, however, in the west, law is justice and it shall be heartless, which is a reflection of rationality. Third, Chinese people generally have the sense of avoiding lawsuit. Nevertheless，in the west people tend to file a lawsuit, from which they believe they would gain justice. Last, Chinese legal culture is influenced a lot by Confucianism. The influence is a process of penetration. However, western legal culture is influenced by religion, mainly by Christianity. Thorough understanding of differences between Chinese and western legal culture, China can better approach to solving the problems caused by the legal cultural differences and improve Chinese legal system through legal transplantation.

KEYWORDS:Legal Culture; Individualism and Collectivism; Lawsuit intention; Religion.

摘 要

影片《伊芙琳》反映了西方法律文化的诸多方面，与中国的法律文化相比较主要有四个不同方面。在先前的有关中西法律文化差异的研究基础上，本文将以影片《伊芙琳》为视角从四个方面进一步探究中西法律文化的差异。第一点，在中国人的观念里，个人利益应该让步于集体利益，然而，在西方则恰恰相反，他们强调个人利益。第二点，在中国社会，人们往往看重情感多于法律，可是在西方，法律是正义和无情的，它是理性的一种反映。第三点，中国人通常有种轻讼的思想，往往规避诉讼。 然而，在西方，人们在遇到不公正待遇时往往提起诉讼，他们相信诉讼是获得公正待遇的一种途径。最后一点，儒家思想深深影响了中国法律文化。儒家思想渗透在法律文化中，与其紧密的联系在一起。可是，西方法律文化受宗教，尤其是基督教的影响甚深。彻底地了解中西法律文化的差异，中国才能通过法律移植来更好地解决因中西法律文化而引起的问题和改善中国的法律体制。

关键词:法律文化；个人主义和集体主义；诉讼意向；宗教。

1. Introduction
With the success of joining WTO, the exchange between Chinese and western culture strengthens gradually. As legal culture possesses an important part of culture, studying it seems to be necessary. With the continuous development of economic globalization, world contacts continuously strengthen. But during the contact, it will inevitably cause dispute and friction due to different legal culture between China and the west. Legal cultural comparison between China and the west has been a major issue on studying legal culture for the whole world in the 21st century.