requestId:68499a97899cb1.31325263.
Introduction to the Law to lay the foundation stone of the Chinese law system
Author: Ma ZuoPreparation price pttWu (produced by Zhongshan University of Law School)
Source: “Light Sun”Preparation time: Confucius was in the 2568th year of the first lunar month of Dingyou Bingzi
Baobao.com Jesus February 18, 2017
China has been a “country of gifts” since ancient times, and traditional society is often called the “grace society”. The combination of gifts and the introduction of the criminal structure of the Chinese law system and the most important feature of the Chinese law civilization is based on the Confucian movement of modern laws as the landscape, and is realized through the method of introducing the gifts and methods.
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Greetings originated from modern memorial activities. The worship of gods and ancestors was one of the most serious social activities in the ancient times, and we asked to abide by the strict French and paradigms. As a result, the gradual development and evolution of the ceremony became a basic rule that guaranteed the smooth implementation of the memorial service in accordance with French and rules. The initial energy is to request order and to calculate the components, locations and rights related to the corresponding rights. The ancient sages extended the rules of commemoration for the gods of Liuhe to secular society, in order to establish a stable and gentle social and political and humanistic order, and to develop a cooperative desire to live an orderly human life and govern society. The construction of the order of gifts, despite the situation, seems to rely on moral influence and traditional Chinese traditions, but the meaning of the social behavioral norms that the gifts appear and include is very important. Gifts are expanded from memorial service and radiated to all aspects of social careers. They have become the basic behavioral norm for positioning and adjusting various social relations after national structure. They are an unwritten habit.
With the emergence of the country and the burden of political governance experience, the silenceTaciturn, in later production, he made a lot of editing to the drama effect. When it began to evolve into an open social norm, the mercenary became the most widely used authority norm for adjusting various serious humanities relations, while the mercenary became the most widely used norm for the whole society, and thus had the meaning and effectiveness of the law.
Xunzi said: “If you seek without any obstacles, you will not be able to fight, and you will be in conflict and turmoil. The ancient kings were worried about the trouble, so they set up the rituals to divide them.” Shang Yang also believed that the “sage” “determines” in order to “stop the trouble”. What he calls “division” is “the division between men and women in the land and stock” (“Shang Jun’s Book·Opening”). Obviously, “dividing” is actually a planning division of rights based on the foundation of property public ownership. Although the political meaning of this kind of planning was important at that time, “there is meaningful, the value of the high and low, the value of the high and the child is equal, and the value of the rich” (Guanzi Wujia), its effectiveness is sufficient to show the comprehensive adjustment of the rights and obligations related to the human relationship after the emergence of public ownership, and the ceremony has thus risen to a basic behavioral standard for the entire society. Teacher Zhang Taiyan once said: “Treun is a common name for French style, which is different from the official system, criminal law, and ruling style.” (“Review”) The rule of honor in the Western Zhou Dynasty meant the legal system and national management form established under the name and sentiment of honor.
It should be pointed out that giving oneself also includes meanings of reason and meaning. “TaobaoBaobaoBaobaoBaobaoFeibaoFeibaoFeibaoFeibaoFeibaoFeibaoFeibaoFeibaoFeibaoFeibaoFeibaoFeibaoFeibaoFeibaoFeibao href=”https://twsugargirl.org/”>心口心口心口. ”心口 is born in meaning, and meaning comes from reason, and the meaning of gift means reason. Gifts are often consistent, reminding them of their own side that conforms to the principles of nature, emotion, and morality. This meaning is mostly ignored, which leads to bias in the recognition and evaluation of the gift.
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After age, “the revenge is a bad blessing”, traditional national politics and laws Consuming conditions was quarrel, and we asked for new management plans to fill in the gaps. The so-called struggle between the rule of law and the rule of law should be born. Confucius, the founder of Confucianism, took “low and sweet gifts to redeem the gifts” as his mission, deeply enforced the traditional order of the gifts and treatment, and believed that “the peace and the common people are easy to approach, and nothing is good at gifts” (“Falastic” quoted Confucius). Confucius, who worked hard to “return the gifts”, always praised the Western Zhou sect law with the focus on “dedication” and “respecting” as his opinion. At the same level, he hopes to return to the fantasy era of “gifting and defeating the emperor”, but as the “holy time” (Mencius · Wanchao 2), he pays more attention to and dislikes the confusion of real society, waiting to build a stable and unified politics and legal order system. Xu Gongquan said: “Confucius took the concepts of future generations with new meanings and paid them with new principles, and used this in-depth ancient learning as the idea: to love each other for life, the principles of politics and education, so Confucius’ political thinking is like keeping the old and realizing the new, and can be created by rebirth. “(History of Political Thoughts in China) Guo Moruo also said that Confucius “on the one hand, he is reviving the ancient times, and on the other hand, he is also innovating the Taiwan Nursing Network” (“Ten Batches of Reviews”). Confucianism’s thoughts are rooted in specific historical civilization soilsTaiwan Nursing Network” (“Ten Batches of Reviews”). href=”http://twlovediary.com/”>博官网 has its certainty and justice, and cannot be simply considered by the ancient development. Confucius regarded virtue and gift as the basis of governance, and advocated “policy and virtue”. (“Statement·Politics”) At the beginning of Zhou, Duke Zhou proposed the idea of ”clear virtue and prudence”. Confucius said: “Tao it to govern, and punish it with punishment, and it is easy to avoid it without fear; Tao it to treat virtue and praise it with virtue, and it is elegant and elegant. “(“Speech·Political Affairs”) Confucius developed virtue and honor from patriarchal behavioral norms to the value standard of the whole society, with impulsiveness and energy. Liang Qichao once praised Confucius’s words as “In the political discussions of ancient and modern times in China and abroad, it can be regarded as the most profound explanation.” “He went in and said, “There is no textual faith, a person who says he is a habit, and a person who treats justice, Confucianism calls it “英英”, so 英英语 is the reason that cannot be changed” (“Lexiu”). Confucianism believes that the fair habits of the people who have not cultivated jade have become righteous will be without politics. Without this, the stern command of a law and a letter of advice will not only increase the harm. “(History of Political Thoughts in Pre-Qin)
What Liang Qichao criticized was the so-called “rule of law” theory, represented by the pre-Qin Legalists. The first thing that needs to be clarified is that the Legalists have two meanings: broad and turbulent.Refers to the rules and regulations; meaning is limited to punishment. Modern law inclusive conditions and punishment can be trained together. “Speech”: “Law is punishment.” “Lya”: “Punishment is constant, law.” The Legalists were a school that emerged later. They represented Shang Yang and Han Wu, and advocated power politics and practical principles. They studied the illusion of nature and the use of punishment and law. Their points were based on the sovereignty and the destruction of the
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