对于古中国而言,刑事法律制度的发达程度要远远高于民事法律制度。但人们不可回避的一个问题是:一个人可以一生与刑事法律关系没有交点,但他不可能一生与民事法律关系没有联系。而对于民事法律制度而言,契约则是一个不可回避的、折射着人类文明进步之光的概念。古中国契约法律制度和契约实践中,契约观念表现为契约自由、同情弱者以及对契约的认可和重视。 For ancient China, the development of the criminal legal system is much higher than the civil legal system. However, one of the unavoidable problems is that one can have no connection with criminal law in his whole life, but he can not have no connection with his civil legal relationship all his life. As to the civil legal system, the contract is an unavoidable concept that reflects the progress of human civilization. In the ancient Chinese contractual legal system and contractual practice, the concept of contract manifested itself in freedom of contract, weakness of sympathy and recognition of the contract.