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Confucianization of law and its interpretation
Author: Li Qintong (Hunan Academy of Major Law)
Source: “Academic Monthly” Issue 8, 2020
Abstract: Under the perspective of the knowledge system of modern legal history, Qu Tongzu used law and confucianization to describe the development trend of Chinese criminal law. What he explained is that the phenomenon of introductory law that began in the Han Dynasty was energetic to Wei Han, and specifically used gifts to correct criminal law. The interpretation of Confucianism by law is the separation of gifts and punishments since the age of war. Only when morality, gifts, politics and punishments are evenly divided from Zhou and Feng, can the basic conditions be obtained by integrating the law. The law allows Confucianism to accurately and accurately explain the development trends of criminal laws after the mid-term Western Han Dynasty, but because of its conflicts with the monarchy, this is the limitation of the law to resolve Confucianism. From the perspective of criminal law and its reality, the level of Confucianization of criminal law texts is the highest, followed by judicial practice. After the judicial system has passed the Confucianization, it has shown a trend of going back to the Legalists. Even the criminal law text with the highest level of Confucianism also contains many Legalist concepts, and this phenomenon can be described by the integration of Confucianism and Law or the integration of Confucianism and Law.
Since Qu Tongzu proposed it, Confucianization of law has become a common saying in the Chinese legal history community, and of course there are many doubts. First, officials proposed that there were many Confucian ideas in the laws of the Qin Dynasty, which led to the confucianization of the laws of law that began with conflicts in this understanding, and some even proposed the law of the Nagorization that had already appeared in the Qin Dynasty. 【1】japan (Japanese) scholars also proposed similar views. [2] Second, some scholars believe that the reality of Confucianism is not comprehensive. [3] Third, some students believe that the Confucianism ignores the concern of the relationship between the monarch and the subject, and is single-faceted. [4] Fourthly, some scholars proposed that the so-called Confucianization has its own contemporary nature, or that the Confucianism concept of law making Confucianism is the after-change thinking. [5] Fifth, some scholars directly deny the law to transform Confucianism. [6] Sixth, some scholars believe that the interpretation of Confucianism is unlimited. [7] These questions definitely challenge the fairness of the Confucianism. How to understand Confucianism of the law is not only related to the problem of the solution of the natal question, but also involves the fairness of the entire Chinese legal history knowledge system. This article attempts to conduct in-depth discussion on the basis of describing the original meaning of Qu Tongzu’s law to transform Confucianism.
1. Analysis of Qu Tongzu’s destiny for “laws to transform Confucianism”
Q Tongzu’s proposal of “laws to transform Confucianism” was his own. The influence of Confucianism on the entire Chinese society is a common understanding. In the transformation of modern laws, Confucianism has had a profound impact on traditional Chinese laws and regulations. Under this landscape, legal historians mostly believe that Confucianism affects China’s traditional laws, and the judgment of “The Summary of the Four Library Books” on Tang’s law “one-point-to-be-to-be-to-be-to-be-to-be-to-be-to-be-to-be-to-be-to-be-to-be-to-be-to-be-to-be-to-be-to-be-to-be-to-be-to-be-to-be-to-be-to-be-to-be-to-be-to-be-to-be-to-be-to-be-to-be-to-be-to-be-to-be-to-be-to-be-to-be-to-be-to-be-to-be-to-be-to-be-to-be-to-be-to-be-to-be-to-be-to-be-to-be-to-be-to-be-to-be-to-be- For example, Cheng Shude believes that: “The basis of legislation is based on morality, education, and etiquette, but not on power.” [9] For example, Chen Jinglong believes that: “Self-heartedly,”Since the beginning of Han, Confucianism has arranged the history of China for thousands of years, and its rise and fall are inherently prosperous and decline, but the monarchs have never been able to escape from Confucianism in their governance. However, the transformation of China’s legal system is even more natural. The reason why the Chinese legal system is independent is that it is caused by Confucianism’s unique style in the realm of the world…” [10] For example, Yang Dung Lie believed: “From the war between the country and the Qin Dynasty, the rule of law of the rule of law that was prosperous and punished was a great reaction in the Han Dynasty. At this time (the Han Dynasty) The law thinking is impregnated by Confucianism, and the ‘infectious and influentialism of the rule of virtue’ replaced the ‘majesticism’ of the rule of law…” [11] In general, these arguments about the relationship between Confucianism and Chinese traditional laws are still more crude, but they laid the foundation for the right timeIntegrateThe basic understanding framework of Chinese legal history.
In 1939, Qu Tongzu wrote the “Chinese Law and Chinese Society”. In this book, Qu Tongzuqi first conducted the implementation of Chinese traditional laws from the perspective of social science. href=”https://twsugarhug.org/”>Bare and raise the price ptt in-depth assessment, and further reminded the influence of gifts on the entire Chinese society. In the basis of exposing the differences between Confucianism and Law, Qu Tongzu pointed out that Han Confucianism accepted the concept of using punishment and religion, and Confucianism after Wei and Han Confucianism was the subject of conspiracy. The wise men used the method of practicing law to incorporate Confucianism into laws. In this book, Qu Tongzu used “coordination” to integrate this phenomenon. [12] Later, Chen Yinke wrote the “Brief Draft of the Sui and Tang Dynasties” published in 1940, pointing out: “Modern tribute law is of close closure, and The Sima family created the Han Dynasty with the wealthy Confucian scholars in the late years of Donghan and Han, and consolidated China. The criminal laws he formulated were especially Confucian. Since it was caused by the Southern Dynasties, the Northern Wei Dynasty changed the laws and adopted them, and transformed them into the transformation and transformation. From (Northern) to Sui, and to Tang, it was actually the ruling state of the unjust punishment in the Chinese and Xia …” [13] The Confucianism of the criminal laws called desire . By 1948, Qu Tongzu formally proposed the decree of “Confucianism in Chinese Laws” in his article “Confucianism in Chinese Laws”, and defined Confucianism in law as: “The so-called Confucianism in law is to clarify punishment and education, and in the bones, it is to use gifts to advance the law. How to add the energy and content of gifts to the problems in the laws determined by Legalists. “[14] Moreover, this article revised Chen Yinke’s statement that Confucianism began with the law, and proposed that this process began with Cao Wei. The theory of Confucianism not only proposed a new comprehensive method of law, but also included its relationship with the Chinese Law and Chinese Society. Qu Tongzu published the English version of the Chinese Society and Chinese Law in 1961 and “adjusted” “It was changed to “Confucianization of Laws”, but it was changed to “advancement of Laws with Gifts” in the 1981 Chinese revision. [15] In 1983, Qu Tongzu was invited to publish a report “The Effects of Laws in Chinese Society” at the Drunbi Hong Kong University, further explaining the meaning and impact of the Confucianization of Laws on Chinese traditional laws.
Since Qu Tongzu proposed, Confucianism in law has had a great impact on the study of Chinese legal history with its meticulous and abstraction, and agility has become one of the focus of Chinese legal history. However, many students’ understanding of this life topic is not completely in line with Qu Tongzu’s original intention. First of all, the Confucianization of the laws described by Qu Tongzu can be understood in the following three aspects.
First, the law made Confucianism develop in Han and officially developed in Wei and Han. In “Chinese Laws and Chinese Society”, Qu Tongzu importantly discussed the phenomenon of “advancement with gifts” from the perspectives of Han Confucianism’s understanding of criminal rituals and the influence of Confucian energy on the implementation of Han Dynasty’s laws. [16] In “Confucianization of Chinese Laws”, Qu Tongzu had clearly proposed that there was a phenomenon of Confucianization in the Han Dynasty, such as the legislation of a few departments, the development of Confucian laws, the atmosphere of the laws that should be subject to gift arrangements, and the rule of decrees. [17] Among them, Qu Tongzu most valued the annotation of laws and dictators in these four phenomena, and reiterated it in his speech “The Effects of Laws in Chinese Society”. [18] However, Qu Tongzu’s legal Confucianization importantly describes the Confucianization of the criminal law as the legal text, and these phenomena do not touch on the large-scale correction of the legal text. By the Wei Dynasty, systematic legal amendments and compilations began to appear. [19] In this context, the legalization of
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