The occasion of Zhou and Qin,Advocating the law has become a new trend in theoretical thought circles and realistic reformers。"Bet365 lotto review" reflects the theoretical response of Confucianism to the trend of advocating law during the Warring States Period,Construct a new governance system that not only retains the Confucian governance tradition of etiquette, music, punishment, and government, but also fully takes into account the vision of a unified world。"Zhou Li" is also called "Zhou Guan",Arrange the governance order based on the distribution of official powers and responsibilities。The whole book emphasizes repeatedly that "Only Wang Jianguo",Distinguish the correct position,Tiguojingye,Establishing officials and dividing duties,Think that the people are the best”,Determine rules and regulations for the people by setting up officials and dividing their duties。Such a set of norms similar to administrative law is the legal system established by "Zhou Li",By imposing detailed regulations on officials, big and small,The world is arranged into an overall legal order。This legal system embodies the characteristics of multi-dimensional isomorphism,Multidimensional refers to the fact that "Zhou Li" recognizes the natural law of heaven,Absorbing traditional governance norms,Ruli、Penalty and other regulations,Also based on reality and integrating the king’s orders、Government Order、Political and social norms such as procedures and customs。Isomorphism means,Multidimensional specifications are not scattered,It is also organically unified in the new normative system of "law"。
Bet365 lotto review
"Zhou Li" takes the natural law of heaven as the basic norm。This is because its unique system of six sense organs is arranged in the order Bet365 lotto review four seasons of heaven and earth,The functions and powers of all officials follow the four seasons of heaven and earth。All things are unified in the sky,Therefore, Tianguan Zhongzai is the commander-in-chief Bet365 lotto review six officials。The earth is thick and virtuous,So teach the world with Situ。The four seasons are spring and summer growth,Autumn harvest and winter storage,Uncle Zong、Sima、Sikou、The four officials of Sikong are similar to the characteristics Bet365 lotto review four seasons。The unique legal system of "Zhou Rites" is in line with the laws of heaven and nature,This also shows that the natural law of heaven is the most important dimension Bet365 lotto review legal system of "Zhou Rites"。
"Zhou Li" highlights the role of ritual and punishment norms in social governance。After Confucius established the benevolence-based etiquette,Advocacy of ritual rule is advanced。In the late Warring States Period,The author of "Zhou Li" conceived a systematic thought of etiquette。A gift from Sibang, the uncle of Chunguan clan,Responsible for the implementation Bet365 lotto review five rituals of good and bad military guests。In addition, there are officials responsible for detecting disrespectful behavior,For example, Xiao Zongbo’s “The prohibitions on palming the five rites and their use, etc.。Distinguish the Zhaomu of temples。Five tips for distinguishing good or bad luck、Car flag、Forbidden Palace"。Jingli and Quli are authorized within the legal order of "Zhou Li"、Institutionalized operation,So the title of Xiaoshi has an objective and enforceable etiquette as etiquette。Punishment norms are opposite to etiquette,The so-called entering into punishment out of courtesy,Confucianism emphasizes mourning, caution, and caution in punishment to achieve punishment、Display virtue。The problem is,The previous Confucian theory of execution and prison treatment overemphasized the sympathy Bet365 lotto review executioner,Lack of institutional design to ensure the middle path of punishment。"Zhou Li" transformed the theory of punishment into the theory of criminal law,That is, a complete set of criminal law systems to ensure appropriate punishment。Specifically,Including criminal prevention aspects Bet365 lotto review reading system、The trial system in criminal justice and the penalty system in criminal punishment。Shows mentality of attaching importance to litigants、Attach importance to official evidence and the specialization of those who are sentenced according to the cause Bet365 lotto review case。It can be said,Pre-Qin Confucianism’s thoughts on criminal justice became a comprehensive view in "Zhou Rites"。
In addition to traditional rituals、Outside of criminal norms,"Zhou Rites" shows the acceptance Bet365 lotto review bureaucratic administrative system,And thus separate two types of norms with different natures: orders and orders。The status of "king" in "Zhou Rites" is fictitious,Only has the status Bet365 lotto review starting point of political logic in the legal theory of "Only King Jianguo",He is the representative of political power and political ethics。The usage of "ming" in the text is relatively simple,Mostly used in the king's ceremonial "doing big things" behavior,Special emphasis on the king’s gift of grace,This exclusive power shall not be surrendered to others。For example,Situ "visited the country and fields in his years",And suffer the hardships of all people,Benefiting with the king's orders" emphasizes the authority Bet365 lotto review government of "only making blessings" ("Shang Shu·Hong Fan")。Order is opposite to fate,It often appears in the form of "Government Order" in "Zhou Rites",It refers specifically to administrative orders within the bureaucracy。This is because the central six-government system corresponds to the king,Holding the real power to govern the world,Tsukazai is the leader Bet365 lotto review six officials,Is the representative of governance and governance。The relationship between the king and Tsukasa is the relationship between political power and governance。Theoretically,Governing power should obey the orders Bet365 lotto review political power,Therefore, it is stipulated in the authority Bet365 lotto review Tomb Master that all officials should be ordered to "each cultivate their duties" in the first year Bet365 lotto review year,Kaonaifa,Waiting is a matter of course,To obey the king’s orders。There are differences,The state-owned punishment"。But actually,"Zhou Rites" gives autonomy to the governing bureaucracy,Even many heads of lower-level departments have the authority to issue decrees on their own,For example, a doctor’s “Political Order in Charge of Medicine”,Jiu Zheng's "Government Order on Wine"。
"Zhou Li" absorbed a large number of norms about "style"。It contains certain procedural content,Contains substantive content。For example, Tsukasa "uses nine techniques to save money",Specifically including sacrifices、Guest、Sangfang、Ashamed、Fortifications, etc.,"Style" means the procedure and moderation in using money。Standard specifications are relatively specific because they are close to the daily administrative procedures Bet365 lotto review bureaucracy,"Zhou Li" also calls it "Shifa"。For example, Zaifu "uses rituals to hold the ritual ring",At the age of office, all government officials despise the use of money by officials,Accepting the law at the age of office",Classic Woman's Skill "Palm Woman's Style" method,To confer meritorious deeds on concubines and concubines”。The governance system of "Zhou Li" actively absorbs local good customs,And take advantage of such habits,Plays the role of auxiliary education,Local officials and situ "teaching peace according to the secular customs",The people will be unhappy”。Specifically,We must "safely and secure all the people according to our own customs: one is the palace of concubines",Tomb Bet365 lotto review Eryue Clan,Three-day Alliance Brothers,Four Days Lian Shi Confucianism,Friends Bet365 lotto review Five Days Alliance,Same clothes for six days”。We must give full play to blood ties、Contact function for masters, apprentices, friends, etc.,Helping each other through difficulties、Watch and help each other,Utilizing good habits plays an important role in local governance。
Isomorphism of Bet365 lotto review
Law is a normative order。Although the norms of "Bet365 lotto review" are diverse,But they are all unified within the legal order,This is the multi-dimensional normative legal system isomorphism。The only characteristic is,The laws of "Bet365 lotto review" are actually bureaucratic laws,Take bureaucratic order as legal order,Weave multi-dimensional norms into a unified world legal order through officials with different powers。
First,The isomorphism of law is based on the separation of powers,To achieve a unified legal order。"The Book of Changes·Xici" says that "all the people come to the same destination but take different paths",The legalization of authority provides institutional support for adhering to duties,Conducive to curbing power rent-seeking behavior。Only the officials in each position perform their duties,Only when the law and order Bet365 lotto review public world can be realized。For example,Zongbo and his officials are in charge of etiquette,Sikou and his subordinates are in charge of criminal law。Neither etiquette nor punishment can be neglected,Together they form the normative cornerstone Bet365 lotto review new governance。
Secondly,"Zhou Li" also fully realizes the complexity of things,Different officials often have to deal with a certain matter together,This requires the implementation Bet365 lotto review "law of official linkage",Need to reorganize and isomorphize the specification。The more typical one is the judicial trial system in criminal law。Case involving possible death penalty,"The Rites of Zhou" stipulates that the judges shall be the large and small Sikou and other people。From a normative perspective,The trial of a death penalty case first requires written criminal law, that is, the criminal code, as the reference standard,This is the authority Bet365 lotto review executioner。If the lawsuit involves a married couple,Then they are exempted from the requirement to personally participate in the proceedings,This actually involves the royal etiquette。If it meets the requirements Bet365 lotto review "Eight Discussions",Little Sikou still needs to apply the corresponding etiquette and laws。In addition,Si Ci has mastered the three methods of forgiveness,After the death penalty, the king still needs three orders of pardon but cannot get it,So it also involves the king’s order。It can be seen from this,A criminal case must be handled with courtesy、Fate、Isomorphism of classic norms,Finally come to a moderate conclusion。
Finally,The normative isomorphism of "Zhou Rites" has a clear goal orientation,Determine the value of using "中" as an isomorphism method。However,The value concept of "中" is expressed in specific norms as more concrete pursuits such as "equal", "safe" and "peace"。For example,The authority Bet365 lotto review Heavenly Official in charge Bet365 lotto review royal family and government finances,Required to live within one’s means,Achieve fiscal and tax balance;Xia Guan Sima must abide by the rules of equality,Set the size Bet365 lotto review kingdom according to the title Bet365 lotto review princes;The criminal law system stipulated by Qiu Guan has changed the free-thinking and evidence-based judgment that particularly emphasizes the moral character Bet365 lotto review judge,From criminal prevention、Start with the three aspects of criminal trial and criminal punishment respectively,Striving for the middle way in every specific link,The criminal law system finally constructed conforms to the legal value of "China"。In a nutshell,The multi-dimensional normative isomorphism in "Zhou Rites" is based on the separation of official positions,Used by government-linked cooperation,And finally unified into a legal system with "China" as the value orientation。
In the Warring States Period, when the feudal lords were divided, they moved towards politics、In the process of unified governance,People realize,Not only political authority should be unified,And many sources before、The norms of multiple authorities should also be "fixed in one" ("Mencius·King Hui of Liang I")。Some Confucian scholars try to construct a legal order centered on bureaucratic rights and responsibilities,Using bureaucratic methods to construct multi-dimensional norms。Through careful design、Configuring the bureaucratic power and responsibility system,Different types of regulations are governed by different official duties,And collaborate on specific governance,In this way, we can achieve the value goal of "being in the middle" Bet365 lotto review legal order。The bureaucratic rule of law conceived in "Zhou Li" provides a meaningful way of solving the problem of "one" and "many" in unifying the norms Bet365 lotto review era,Influenced the construction of legal order after Qin and Han Dynasties。
(Author’s affiliation: Sun Yat-sen University School of Bet365 lotto review)
Friendly links: Bet365 lotto review website of Chinese Academy of Social Sciences |
Website registration Bet365 lotto review: Beijing Public Network Security No. 11010502030146 Ministry of Industry and Information Technology: Beijing ICP No. 11013869
Bet365 lotto review rights reserved by China Social Sciences Magazine. No reproduction or use without permission is allowed
Chief editor’s email: zzszbj@126.com Contact information of Bet365 lotto review website: 010-85886809 Address: Floor 11-12, Building 1, No. 15 Guanghua Road, Chaoyang District, Beijing Postal Code: 100026
>