Ji Tongjun (1854-1936),Word Shi Sheng,Hancheng in Shaanxi,It is a famous lawmaker in the late Qing Dynasty、Representative of Shaanxi School Law,Bring "Daqing Law Lecture", "Existing Law Lecture", "Lectures on Autumn Trials", "Trial Essentials", "Ledu Tang Wen Collection", "Ledu Tang Poetry", etc.。Ji Tongjun is nineteen years old and takes the show at the age of 19,Science field kick,Five Township Test、Four Tips,At the age of 37 in Guangxu (1890), Fangzhong Jinshi,Divided into the Ministry of Criminal Affairs。The Ministry of Criminal Affairs is divided into two factions,At that time, the official house official at the time was Shaanxi Law, everyone in Shaanxi, Changan Xue Yunsheng,Pay attention to "Xiangyi",Retrieving and instructions for Ji Tongjun。Xue Yunsheng "I look at the autumn trial complaints,and the abstract instructions "。From this,Ji Tongjun "Reading at home,Hand copy "Daqing Law" all,All can be recited。Thousands of roots of the sources of the search law,Far away from Shaohan Tang Yuanming's laws,Reference Mutual Examination,It must be integrated and then "。
Chongfang once said: "The Qin people Zhong Taihua's serious qi,Originter,Changan Xue Da Kou as a big section,The book "Read the Examples" in the book,Popularity,But also penetrates ancient and modern,Ruo Yun Bolong Chinese and foreign,It is still necessary to let the author go alone,Unified View,I first learned that Yu Yanfu's reputation also。"(" The Book of Single Settled Minister "Ji Tong Bet365 lotto review Jun's historical turning point,I have a considerable understanding of Western legal system and legal culture,and compare the short -length system of the advantages and disadvantages of Chinese and Western laws,More confident and adherence to traditional laws,instead of simply stubborn conservative。Xiao Zhiyu's "Mr. Ji Shisheng Zhi Zhi Ming": "Mr. Gai in the law,Fedback of them for decades,Late Blog Test Europe and the United States,Therefore, we can gathers this ancient,flooding Chinese and Western,Non -Xian Jixian case is comparable。The ones say that Xue Gong's law is eternal,Mr. Xue Gong's ex -person is just the one。”
1906,Ji Tongjun also serves as the Jingshi Law School、Law and Government Academy、Law School of the Ministry of Law、Teaching at the Dali Institute's Passing Office,"It lectures in the law school,Specialty Tang Luqing Example。Speaking in the Confucian Church,Senior Four Books and Five Classics "。In the Republic of China, "Drag the braid,One words and one move,Pushing the clothes device for,None of the old faces,Someone laughed at its stubborn,Speak on the pedanter "。Ji Tongjun is also named Stubborn Mountain,But is he really stubbornly stubborn?
Actually,Ji Tongjun "Taste the Sales of Foreign Light Sentence,Ideas Essential Code ",As early as "Jiachen August" (1904), he went to the Chief Criminal Ministry "Reduction of the Criminal Law",Make a suggestion to reduce punishment,better than Shen Jiaben、Wu Tingfang's famous "Delete the Law in the Law" is still one year early。Ji Tongjun believes "the current case is more than 1,5600",More more than "Tang Law"。Maybe someone will say "Today and ancient,Ding Ding,I have to change the passage of time "。Bet365 app download But he also pointed out that the "Russia、Method、Ying、The death penalty of the Germans also stops at chop,No、Ling Chi、System of corpse,Beheading punishment,Ying、Method for more than ten items,De、Russian only two or three items ",It is also 100 times lower than China。Maybe some people will say "Eurasia go tens of thousands of miles,Customs and people's conditions different,Not here ",But Japan is close at hand,It has no difference between the customs and the people and the people,Comparison with each other,There are only 430 criminal laws in the new criminal law,Dead sin but 20 items,and stop twisted without cutting,Although the offender of killing and robbers is not executed,Example with viewing,as many as two thousand hundreds,1,5600 deaths,How can its weight and simplicity be unpredictable! "Ji Tongjun was later ordered to compile" Current Criminal Law ",Just "Ling Chi、枭、The corpse is abolished,All physical punishments are like、Staff and other punishments are switched to foreign imprisonment、fines ",Ji Tongjun's intention to reduce the criminal law is realized。
At that time, torture that was accused of abolition of laws in the country at that time,No distinction between new learning、Old learning,Opinions seem unprecedented。But when the "New Criminal Law" drafted by a Japanese criminal legalist,Then cause a big wave,"Old Study on the Draft" as a quotient、For Lun,The new learning is "Daqing Law" as harsh、is pedantic "。On the occasion of the old and new Jiaotong,Ji Tongjun did not simply choose the side standing team,He wrote "On the Draft of the Old Law and the New Criminal Law、The Law of the Law and the Foreign Law is not contrary Bet365 app download to ",Contradiction between reconciliation between new and old learning,He said: "You can use the" Daqing Law ",The place where the Chinese mixed place in the concession should be "Draft";,And people who live in China should be "Draft"。and now you can adopt "The Great Law",When the constitution is complete after decades,Then you can apply for "Draft"。”
Actually,Ji Tongjun is neither conservative,Not stubborn,Instead of adopting a practical point of view,His legal knowledge and rich judicial trial experience with his decades of hard work,Proposal "Criminal Law, regardless of this ancient,No distinction between Chinese and foreign,Always not habit、Implementation of profit。Now China and Foreign Traffic、When the trend tends to be in punishment,Can't detain the old days of the old days,To great differences with various countries,,Do not touch it with foreign countries,To seek the use of the country "。and quote the famous saying of "West Confucian Binser", "The law of one country must be the same as the history and national body of the country,Otherwise, it will be implemented,Faculture cannot be defeated ","No matter what the country's government order,It must be co -authored in the country's national conditions,Ruojie Yun people,Effective learning step,Moving the feet with a must -have foot "。
"New Criminal Law" is scattered and scattered,Governor of the province,Inner and Sixth Jiuqing Group attack,National Element。The opponent believes that "the ritual of the millennium、Server、Dimension is eliminated ",Ji Tongjun is intermediary,Lord "Old Law and New Criminal Law Draft、。He said,"Husband" Daqing Law ",Code of the passage of generations,bet365 best casino games Consider the humanity,The people of Chinese etiquette and religion,It is still a customary method for foreign countries、Ordinary Law。"Criminal Law Draft",It is prepared for outsiders to recover the right to regulate external law、Case of handling Huayu negotiations,Utah foreign special law and text method also "。
Ji Tongjun has been "shorter length,Differential similarities ","Those who lost it,Repeat it repeatedly "。He pointed out in "The Lunaries of Religion and Religion","Different Chinese and Foreign Religions,So Criminal Law,Non -rhythm is that the law is all right "。In such a flat and neutral position,Ji Tongjun believes that there should not be "the old and new opinions in the chest",Of course, there is no need to discriminate against each other at home and abroad,"Only studying the seizure of the law,Choose its feasible person 肄 焉 焉 焉 焉 焉 焉 焉 焉。
Cai Shuheng pointed out in the "Critical Criticism of Chinese Law and its consciousness in the past 40 years","Chinese Law in Thirty years and Chinese Law will not be connected thirty years ago,It's just a specific non -connection,It is not an abstract non -connection; the reform at the end of the Qing Dynasty is just the abandonment or transformation of the old law,Not the old law is abandoned。Abstract seems,Thirty years ago in Chinese law and Chinese law in 30 years are connected。The positive ingredients in the old law are preserved in the new law "。He said further,Since the ban on the sea,"China has legal consciousness,without self -awakening legal consciousness,Rarely conscious system "。Self -awakening legal consciousness,"So the materials created in China are within the scope of China; the target bet365 live casino games you know is the history of Chinese society、Reality and ideals,Is the law of China、Jurislation、Customs、Habit、Theory and thought,Not the history of foreign society、Reality and ideals,Not a foreign law、Jurislation、Theory and thought。In other words,The feeling of the creator、Appearance、Concept、The basis for judging and reasoning is Chinese law、Student、Jurislation、Habit、Thought and the second stage of works,History of China、Social and ideal, etc.。
Cai Shuheng's pottery for modern legal thought and theory,His article was written in 1940,It is based on the theoretical thinking of the historical investigation of reform and sequelae since the late Qing Dynasty。Ji Tongjun reads poems,Think of the book "The Analects of Confucius" is not only moral.,And the originator of the laws of the previous generations。That is, the answer of the master,Do not use the father and son as the father and son to be faint。Say Yan also,Gai Rongzhu moral law in one furnace,and the disadvantages of the law with moral rescue "。With the confidence and intuition of his traditional culture,At the beginning of the reform,I feel that "foreign legal banks are good for foreign countries,It is difficult to get through in the country "。and pointed out: "Fightingly concerned,Foreign Law Government,Each has its own intentions,Director of solid collection for remedy,However, the "Great Case" is appropriate to Chinese local,Especially deeply investigating,Think of the assets of the judgment。"(" Performance of the Study School of Jingshi Law ")
It is based on deep concern about traditional culture,Ji Tongjun seemed to be conservative in his later Bet365 app download years,He showed his heart in "Diary": "My cat wants to recover the old law,Gai with ancient rhythm as the tributary of classics。To help Confucianism,must first learn from Changming,and Changming Jingshi,It is necessary to restore the old law from the rules。"Ji Tongjun" with this,Fear of the heart of new learning is drunk,Digital and forget their ancestors,So Law Government、A division of the laws of the law to preserve the meaning of preservation of the national essence "。So,Ji Tongjun is the watchman of traditional Chinese legal culture,It cannot be simply rough regardless of it as stubborn and old。
bet365 best casino games
Friendship link: Official website of the Chinese Academy of Social Sciences |
Website filing number: Jinggong.com Anmi 11010502030146 Ministry of Industry and Information Technology: Beijing ICP No. 11013869
All rights reserved by China Social Sciences Magazine shall not be reprinted and used without permission
General Editor Email: zzszbj@126.com This website bet365 Play online games contact information: 010-85886809 Address: Building 1, Building 1, No. 15, Guanghua Road, Chaoyang District, Beijing: 100026
>