When the Spring and Autumn and Warring States Periods,Shangfa has become a new trend of the theoretical and ideological world and real reforms。Recommended "law" in traditional culture,It is inevitable to think of the legalist as the pre -Qin sons。As a systematic discussion、Practice "Fa" school,The legalist proposed the "rule of law" thought,A far -reaching impact on traditional society,and become the local resources of the rule of law with historical value。And this,The rule of law of the rule of law with Qi Fajia is quite unique。
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Talk about the legalist,We will first think of law、Shu、Three factions,that is, Liang Qichao said "rule of law", "governanceism" and "governanceism"。But in fact,This division is not delayed,Because it is only limited to the Qin and Jin area。The more reasonable division method is,Based on the region and the influence of the cultural affected as the basis for dividing: the activity in the Qin and Jin dynasties and the influence of the Qin and Jin culture as the Jin Frenchman,The Qi Fa Family in Qi Kingdom and influenced by Qi Culture。As a legalist school based on Qi State Culture,The rule of the rule of law of Qi Fajia is mainly reflected in the book "Tube", which is the name of the fake tube Tube,can be summarized as the following two points。
One,"Ling Zun Yu Jun"。Qi Fajia, of course, requires respecting the monarch,But at the same time emphasizes "Ling Chong Ze Jun Jun" ("Pipeline · Chong Ling"),Putting the status of "Order" in front of "Jun",Requires the monarch to play a vertical role when obeying the law,"The Holy King also knows its law and adheres to it","Fa Law Cultivation of ancestors" bet365 live casino games ("Tuzi · Renfa"),To achieve the purpose of "the monarchs and ministers are expensive up and down" ("Tube · Renfa")。In the concept of Qi Fajia,The power of the monarch is not absolute,To be limited by the law。In other words,Even if you are the highest ruler of a country,It is also necessary to be constrained by the law as other people,I even take the lead in compliance with the decree I formulated,instead of having a transcendent privilege。Although this is just an ideal,Even in the historical background of the central centralization of power, there are some unrealistic and difficult to execute,But the germination of monarchy is limited by the law,At least in terms of legal regulation objects,The rule of law of Qi Fajia is more pure and thorough than the Jin Fajia,It tries to completely incorporate the factors of "people" into the legal track。
Its two,"Learn to become a vulgar and punishment saves"。The Qi Fa Family proposed,"Ritual, righteousness and shame,Four dimensions of the country,Four Divine Zhang Zejun Lingxing "(" Pipe · Herders ")'s proposition,The first to recognize the important position of German ritual in national governance。Qi Fajia also acknowledges that people's nature is good and bad,But it is considered that it can be changed through education,Therefore, the role of enlightenment in governing the country is highlighted。Governance the country cannot be a single punishment,Because the role of punishment is limited。"The punishment is not enough to be afraid,Killing is not enough to serve its heart。Therefore, punishment and penalties are not afraid,If you can't do it; if the killing is heavy and the heart is not convinced, the upper position is dangerous "(" Tuzi · Herders ")。means,The main effect of punishment is to regulate the behavior of people bet365 best casino games through the country's compulsory force,and severely punish those who do not follow,It can only be regarded as a "attack" technique,It is by no means a "attack" method,Can't make people obey the rule with heart。and when the material life cannot be satisfied,The heavier the punishment,The more chaotic society is,"The people have invaded the falling Ni,Because the law is followed by the law,It is a punishment and healing "(" Pipeline · Zhengshi "),Therefore。Therefore, the governance model advocated by Qi Fajia is to pay attention to the role of moral and righteousness while governing the country,"Learn to become vulgar and punish the number of punishment" ("Tube · Quanshu"),Through moral education, the people really accept the rule,Therefore, the purpose of "unity of customs",This is the method of "attack",is an effective way to maintain long -term rule,"Love is enough to love,Wise gift is enough to teach。The upper body service is first,Trial volume is leisure。Township teachers say it,Then apply for constitutional order,persuaded to reward for celebration,Zhenzhi to punish,Therefore, the people say that it is good,There is no way of riots to the riots "(" Pipe · Quan Xiu ")。Therefore, it can be seen,Qi Family believes that the people make the people happy to do good,Based on the education of virtue,Guarantee of legal punishment,So the country will not cause riots。
Qi Guo Fa Culture and Qi Fajia's rule of law thinking
Qi State is located on the coast of the East China Sea,"Negative sea diarrhea,Little Graphites and the People Widow "(" Hanshu · Geography "),"Its people's Knowing" ("Historical Records · Qi Tai Gong Family"),There are Dongyi Ringsai,In the first seal, I met "Laihou Lai La,Conquest with it "(" Historical Records of Qi Tai Gong Bet365 app download Family ")。In such a geographical environment,Qi Guojun Jun Guan the country,Adopt "Repairing Political,Because of its vulgar,Jane Qi Li,The Industry of Industry and Commerce "(" Historical Records of Qi Tai Gong Family ")。In the practice of governing the country,Qi people are particularly respectful of sage,Not completely controlled by the blood bond,Hercules、Absorbing the talents of different surnames,"Make the sages eat energy,Fighter Food Yu Gong "(" Guanzi · Law "),"Like Xian to Lin Guo,Powerful to the people "(" Yan Zichun and Autumn · Internal Questions ")。The effective operation of Zunxian Shanggong cannot completely depend on the push of the individual or group itself,It also needs a series of rules to protect and maintain it,That is, "Bu Fa came out of constitution,And the Sage Lie Shi Fun Funth in the Shangxuan "(" Pipe and the King of the King ")。Election、Appointment、The rules of the assessment and the rules that are not realistic and do not recommend the behavior of Xianneng,There were many records in the history of Qi State,Ru Taigong's "According to the name of the name of the name,Selected Talent Examination Energy "(" Six Tao · Wen Tao ") and the" Three Selection Laws "(" Mandarin · Qi ")。In the process of maintaining the sage system with the rules,"Fa" has gained a long way to develop,The rulers have gradually generated new understanding and gradually giving them more meaning,Its status in political life has also increased。So Qi Guo gradually formed a tradition that attaches importance to the rule of law。
It is this kind of legal culture with regional characteristics that has promoted the emergence and development of the rule of law of Qi Fajia,and promoted the rich and strong of Qi State,Especially for the lasting and academic prosperity of its dominant karma, an inestimable effect。Bet365 app download Therefore, it is not difficult to find,The emergence of an ideological theory and popularity must have their cultural soil,Only when it conforms to the trend of the times and the trend can they have a reasonable and legal status。At the same time,Qi Guo’s political practice has bred the thinking of the rule of law in Qi Family,It has become the best place for them to test their theory,This has made the characteristics of Qi State Fa culture be manifested and recognized by the ruler。The reform of Guan Zhong and Yan Ying during the Spring and Autumn Period made Qi State stronger,The establishment of the His Majesty Palace during the Warring States Period has cultivated a group of talents for Qi State。The governance model of ancient Chinese ritual and law combined with the rule of law basically follows the design of Xunzi,and Xunzi himself is the representative of Qixue,It can also be regarded as the master of Qi Fajia。Therefore, you can determine,Following Qi Culture's Qi Fajia's Thought of the Law of the Law in Chinese history is huge,It is an important part of the traditional law of the rule of law。
Qi Fajia's Thought of the rule of law and local resources of the rule of law
Just like the prosperity of Qi Fajia's thoughts originated from the success of the national law culture,The construction of the rule of law in our country today also needs to draw nutrients from local laws of the rule of law。Western legal model was transplanted in large quantities in the late Qing Dynasty and the early Republic of China,Although it has achieved certain achievements in system construction,But still failed to change people’s legal concepts,Especially ordinary people are still deeply affected by the thinking of traditional society。This is enough to prove,The background and foundation of legal culture is difficult to bet365 best casino games be transplanted。Therefore, the construction of socialist rule of law with Chinese characteristics must fully consider the traditional legal tradition,Reference to the Chinese national conditions in ancient times。Traditional China also has limited rule of law。or,Although the legal norm system that has not generated Western -style in the history of our country has not been able to generate Western style with the basic spirit,but also formed a set of management society、Ritual rules system that maintains order as the basic purpose。The tentacles of this system extend to all aspects of political life and social life。In such an environment,Although ordinary people fail to form a sense of rights,But to a certain extent, a regular consciousness,That is to use rules to solve disputes and disputes,and fight for your own benefit。
In the final analysis,Whether it is the pre -Qin Confucian ritual or the rule of law of the Jin Fatter,Or is the ritual law of Qi Fajia,In fact, it is the rule of rules。But Qi Fajia is different from the pre -Qin Confucianism that emphasizes the ritual governance to "criminal measures without using",Not like Jin Fajia's single punishment and exclude Li Zhi。They are good at combining two rules,Together in national governance,Taking "Fa" as an external constraint,"Rites" and "Germany" self -made and self -provincial,Use internally and outside the outside world and use,Do not forget to take people with virtue while relying on strength。This not only makes up for the cruelty and harshness of the law itself,also reduced the lack of compulsory and binding power during the implementation of moral and righteousness; not only avoided the tendency of the Jin Frenchman to ignore the moral human heart,It also supplemented the deficiency of Confucian lack of actual political experience,Therefore, Bet365 app download in the history of legal thought, there is an important position that cannot be wiped out。but but,The product of the pre -Qin era,There are many deficiencies in the thinking of the rule of law in Qi Family,But it cannot be seen as a dross and wiped it in one stroke,should be on the basis of deeply revealing its content,I found that the beneficial factor that can be "used in ancient times" in the local resources of the rule of law,To serve the construction of the rule of law at the moment。
(This article is a special research on the "Spring and Autumn Legend" (20CZDJ10)
(Author Unit: Law School of Shandong Normal University)
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