Second, besides collectivism, Chinese people are also full of sensibility when they face the law。 In Chinese ancient thought, human was a part of nature。 According to Zhang Zai, “truth does not lie in human but in object and human is a part of object。” This saying fully affirms that human is the product of the world which is equal to the product of nature。 The interaction between Yin and Yang is the truth of life and people just need to follow this truth。 So, in Chinese ancient thought, people didn’t need reason。 Nature has already ruled everything and people didn’t need to judge by themselves, which meant that people had to conform to nature eventually。 Under the domination of this thought, Chinese ancient legal culture didn’t have the idea of reason either。 Law was inundated with moral ethical norms and was often restrained by other factors。 In feudal society, small-peasant economy had occupied a dominate position。 This stable introverted closed small-peasant economy had a small scale and aimed at satisfying themselves。 In the period of thousand years of cultural evolution, Chinese self-sufficiency small-peasant economy created ethical thought that used blood relationship as the linkage, which was characterized by patriarchy, and emphasized benevolence, righteousness, courtesy, wisdom and trust。 Chinese people, under the impelling of sensuous consciousness, set love, kinship and friendship as ethic’s starting point。 When Datong knows it is his father who gave a scrapping to Dennis, which caused trouble, out of filial piety, he takes the rap for grandfather without hesitation。 When grandpa misses Dennis, Datong takes a risk of breaking American law to steal Dennis from welfare house just to meet grandpa。 On Christmas Eve, time of family reunion, Datong took the risk to climb along water pipe just to see his son。 All these impressive details reflect that Chinese people are very sensitive in front of law。 

During the European Renaissance, people’s thought got liberated。 In the area of ideology, people broke several hundred years of feudalism and religious theology。 Culture revolutions from emerging bourgeoisie made humanism boom。 People started advocating human rights and pursuing truth。 America was affected by these revolutions as well, so they thought problems in the way of scientific rationalism。 Reason, fair and justice were main stream of American legal culture。 During practice, American law, different from Chinese man rule, insists fair and justice, takes freedom as the criterion and accords to facts and evidence。 So it’s fair to both parts in a lawsuit。文献综述

In Chinese eyes, law is nothing more than human feelings。 During trial, Datong who believes the view of human law mainly uses favor and hopes his true love to son can win judge’s sympathy and take Dennis go home naturally。 However, the judge doesn’t take it and warns Datong to show evidences reasonably。 In this situation, Datong is very angry due to American law, so this shows that Chinese legal view can’t be applied in American law。

3。2 Different medicine

In the film, Dennis suffers from diarrhea, but facing with the English instruction of medication, grandfather has no choice but to use Gua Sha to relieve Dennis’s pain。 However, in an unexpected accident, American Child Welfare Bureau finds Dennis’s back is filled with bruise。 They think Dennis might suffer from parents’ violence and to prevent a second harm, they sue to the law。 From this event, we can see that there is a big difference in Chinese and Western medicine。来:自[优.尔]论,文-网www.youerw.com +QQ752018766-

The main difference of Chinese and Western medicine is that the object and method they rely on are different。 Chinese medicine mainly relies on body’s function and its treating method is to motivate body’s self-healing function, and Gua Sha uses this theory。 In the film, Datong who loved Chinese culture from childhood explains to the judges that Gua Sha is a Chinese traditional medicine therapy。 In Chinese medical philosophy, body is a complex life context whose meridians like numerous streams throughout the body。 Qi (energy) flows in the body and sinks your breath to the Dantian to rebuild body’s natural physiological circulation。 On the contrary, Western medicine mainly relies on drug and external method to work on body。 And in western society, there is never such a therapy that relies on traditional experience and makes patient scarred, let alone the idea of Jing, Qi, Shen and Mai。 Hence, because of the differences in cultural background, Datong had no choice but to use Chinese words such as Dantian, Seven Jing and Eight Mai to explain to judges。 Unfortunately, there is no word expressing these meanings in English。 So Datong’s words make all Americans feel confused。 In addition, the theory of Chinese medical treatment is making use of everything’s different bias to correct disorder which has happened in body。 All medicinal materials have their own biases and treatment needs these biases to correct the phenomenon of imbalance of Yin and Yang, which can rebuild viscera function and dispel pathogenic factors。 So Chinese medicine always observes the rules of life evolution and uses naturally growing medicinal materials to treat disease instead of breaking or disturbing the balance of life evolution。 However, Western medicine relies on the help of instruments to check up disease and it plays a leading role。 When instrument breaks down or falls behind, disease won’t be detected and when the research speed of Western medicine falls behind bacteria’s evolution speed, human will suffer a lot of disease, thus the medical philosophy of Western medicine is by means of breaking life evolution process。 Compared with Western medicine, though Chinese medicine makes little contribution to life evolution, it doesn’t bring side effects to life evolution。 It makes human reach balance of evolution with other ranks of life and ensures that human beings live healthily。 At the end of the film, by visiting China to experience Gua Sha, Qunlan eventually knew the theory of Gua Sha, and the misunderstanding was cleared。 So in Chinese eyes, Gua Sha is the essence of Chinese medicine, which is acquiescent information belonging to input space I。 However, western people can’t understand why Chinese medicine will leave scar after treating。 All they know is the anatomy which is based on western medical theory。 This cognition belongs to input space II。 As might be imagined, there is little common information between these two input spaces after structural projection。 Thus the emergence of conflict is not strange。 电影《刮痧》中的中美文化差异(3):http://www.youerw.com/yingyu/lunwen_94284.html