More than 40 years since reform and opening up,The concept of "rule of bet365 champions league" has been deeply rooted in people's hearts。Today’s society,“Rule of bet365 champions league” has become an open question、Praise、Target concept,It initially focused on expressing judicial operations、The descriptive characteristics of applicable laws are increasingly blurred。To avoid the hollowing out of the rule of bet365 champions league、The risk of sloganizing,The connotation and denotation must be clearly defined。
General Secretary Xi Jinping emphasized: “The Chinese legal system has a long history,China’s excellent traditional legal culture contains rich legal thoughts and profound political wisdom,It is a treasure of Chinese culture。We must actively promote the creative transformation of China’s excellent traditional legal culture、Innovative development,Given China’s rule of bet365 champions league civilization a new era connotation,Inspiring vitality。”Tracing to the source、Chengbenqingyuan,Reviewing the original intention and original intention of Chinese traditional legal thought,Use the rule of bet365 champions league thinking in China’s excellent traditional legal culture、The concept of rule of bet365 champions league enriches and develops the concept of "rule of bet365 champions league",It is the prerequisite and necessary meaning to realize the modernization of Chinese-style rule of bet365 champions league。
Legalist thought of rule of bet365 champions league is not rule of man
The rule of bet365 champions league is the concept and thinking corresponding to the “rule of man”,It is the common choice of the rational wisdom of Eastern and Western philosophies。
History of Western Legal Thought,Aristotle was the first thinker to clearly propose the concept of the rule of bet365 champions league and discuss it in detail。He emphasized that "the rule of bet365 champions league should be better than the rule of one person",And believes that the rule of bet365 champions league should contain two meanings,That is, "the laws that have been enacted are universally obeyed,And the laws that everyone obeys should themselves be well-made laws”。His rule of bet365 champions league thought has become the source of modern Western rule of bet365 champions league thought。
At the same time or earlier,China in the Spring and Autumn Period and the Warring States Period,The legalist group that regards bet365 champions league as the guideline for governing the country is rising。Li Kui presided over the Wei State Reform,And formulated China’s first written code of bet365 champions league, the Book of Laws。Later,Wu Qi’s Reform、Shang Yang’s reforms also had a profound impact on the times,Shang Yang’s reform laid a solid foundation for the establishment of the Qin Dynasty。The Qin Dynasty died after its second generation,However, “trains on the same track” will be implemented in legal form、Book with the same text、行同tropy、Same region、Quantity equals weight、Cultural standards for coins with the same shape,Leaved a profound mark on the history of the development of Chinese civilization。
It can be said,Theoretical doctrine on "how the bet365 champions league governs the country" formed by Legalists in the practice of reform,The height and depth are comparable to Western legal thought of the same period。The so-called "there is no soil and seeds for the rule of bet365 champions league in ancient China" and "Legalist thought of the rule of bet365 champions league is essentially the rule of man",Separates the connection between China’s contemporary rule of bet365 champions league and China’s traditional legal culture,It is a manifestation of lack of cultural confidence。
Legalist rule of bet365 champions league thought has formalistic characteristics
Legalists’ understanding of the nature of bet365 champions league,Often associated with weights and measures。"Size too、Sheng Mo Ye、Rules too、Dendrobium also、The amount of angle is also,Called bet365 champions league”,Intended to emphasize the standardization of the bet365 champions league itself、Objectivity,And equality of practice、Oneness and fairness。
In terms of legal value,Legalists emphasize that bet365 champions league is for the overall interests of the country、Serving fundamental interests,Members of society at all levels including kings,Everyone should obey the bet365 champions league。As the saying goes,“The husband makes laws to abolish private affairs,The bet365 champions league is enforced but the private way is abolished。Private people mess with the bet365 champions league”。This shows that Legalists adopt a formal understanding of bet365 champions league,Comply with the literal meaning and literal meaning of the bet365 champions league、bet365 champions league Enforcement and Justice,Personal opinions and personal understanding are not allowed,Does not consider and evaluate the purpose and motivation behind legal actions。
The case of "concurrently committing crimes of both formal robes and crowns" during the Zhaohou period of Han Dynasty,Comparatively illustrates the legalist’s formal understanding of the bet365 champions league and the position of objective attribution。"Han Zhaohou fell asleep drunk,The person with the highest authority will feel cold when he sees you,So I put more clothes on you。Talking while sleeping,Ask the left and right: "Who is wearing more clothes?"?’The left and right said to each other: ‘Dian Guan’。The king is guilty of both the robe and the crown。His crime code,Thinking it was a mistake,The Crown of His Crime,Thinking that it is beyond one's duties。It’s not like I don’t like the cold,I think the harm of invading an official is worse than the cold”。In this case,Dianyi did not add clothes to Han Zhaohou in time,Dereliction of duty;Although Dian Guan had good intentions, he added clothes to Han Zhaohou,But it is ultra vires,So he was also punished。
Han Zhaohou thinks,Standards for rewarding and punishing officials,It is to see whether officials perform their duties strictly in accordance with legal job responsibilities,This is similar to the concept of "administration according to bet365 champions league" in modern administrative bet365 champions league。Behind the seemingly mechanical understanding of the bet365 champions league,It shows that the legal concepts of the rulers of the vassal states during the Spring and Autumn Period and the Warring States Period have reached a very high level。General Secretary Xi Jinping emphasized,“bet365 champions league is social life、The concept of the rule of bet365 champions league as the criterion for national governance,This is the development of traditional Chinese legal thought。
Improving and correcting the formal rule of bet365 champions league
Due to the irregularity of legal texts、Ambiguity at the edge of concepts、The unity of the value of provisions,Absolutely formal understanding of bet365 champions league and the rule of bet365 champions league can lead to many problems,For example, judges’ reduced enthusiasm and irresponsibility, etc.。Therefore,The "Sleeping Tiger Land Qin Slips·Legal Questions and Answers" written at the end of the Warring States Period and the Qin Dynasty has gotten rid of the rigidity of the bet365 champions league、Mechanical understanding,To social development、Flexibly handle complex situations caused by changing times and changing situations,To a certain extent, the purpose of the criminal perpetrator、Motives and other factors should be included in legal evaluation。This kind of progress still belongs to the perfection of formal explanation itself,That is, not seeking logic beyond the bet365 champions league,Instead, pursue the meaning inherent in legal texts,Explain the bet365 champions league and facts within the semantic range。
During the period of Emperor Wu of the Western Han Dynasty, "hundreds of schools were deposed",After “exclusively respecting Confucianism”,The "Spring and Autumn Judgment Prison" system emphasizes "discussing crime based on original intention",Introducing external resources such as Confucian classics into legal interpretation,The formal understanding of bet365 champions league is deconstructed,The bet365 champions league has lost its independent space and status。Both were the highest judicial officials in the Han Dynasty,Du Zhou during the period of Emperor Wu of the Han Dynasty and Zhang Shizhi during the period of Emperor Han Wen,Their concept of the rule of bet365 champions league is completely different。In the early Han dynasty, Zhang Shizhi strictly enforced the bet365 champions league,Rejected Emperor Wen of Han’s request to severely punish the perpetrators in the “Crime Case”,Advocate for conviction of crime according to bet365 champions league。And Du Zhou faced "not following the three-foot rule,Criticism that “specially regards people’s will as a prison”,pointed out without shame: "It's easy to get out of Sanchian?The bet365 champions league of what the former master is and does,The empress does what she wants to do,It was yes at that time,What is the ancient bet365 champions league?"Afterwards,The bet365 champions league should be diluted by the awareness of rules that should be universally observed,Whose interests should the bet365 champions league protect、Propositions such as whose will the bet365 champions league reflects have become core concerns in legal interpretation。
In response to "the bet365 champions league gradually has many doors",The situation of "different orders",Liu Songshangshu, the Sangong minister in charge of the central judiciary during the period of Emperor Hui of the Western Jin Dynasty, criticized the original intention theory、The dangers of seeking good outside the bet365 champions league,Emphasis on bet365 champions league enforcers、The importance of judicial practitioners’ strict understanding of legal forms,That is, "If you want the bet365 champions league, you must obey it,Therefore, the master is ordered to abide by the text”。For the first time in Chinese history, he proposed the principle of aiding the bet365 champions league in judging crimes,That is, "the bet365 champions league condemns sin,All should be in the text of legal orders,If there is no text,Depend on the name and example,The names in the text are inferior to the examples,Don’t care about it”。This principle was not only recognized at the time,Also inherited by future generations。In "Tang Lv Shu Yi" "All judgments of crimes must have citations、order、Grid、Form text,Those who violate the rule shall be whipped for thirty years,This is where it comes from。Until "The Laws and Regulations of the Qing Dynasty",“The sentence does not include the legal text” is still a sign of the judge’s negligence。
The rule of bet365 champions league idea of governing the country according to bet365 champions league has a long history
In terms of the way of governing the country,The idea of ruling the country according to bet365 champions league has a long history in China,“Keeping the bet365 champions league” is the basic requirement of the traditional concept of rule of bet365 champions league。
770 BC,King Ping of Zhou moved the capital from Haojing to Luoyi,The ritual system with Emperor Zhou as the core began to collapse,The world is in chaos。In the fierce war for hegemony among the vassal states,The value and role of bet365 champions league are increasingly valued by the ruling class。The story of "Maomen's method" existed during the period of King Zhuang of Chu,When facing the prince whose car was smashed, crying and begging to kill Tingli, who strictly enforces the bet365 champions league,King Chuzhuang’s answer is,"Dharma,So respect the ancestral temple,Zun She Ji。Those who can legislate and respect the country,The Minister of the State,How can it be punished?"These powerful words,Reflects the supremacy of the bet365 champions league and “no separation of intimacy and distance”,No distinction between high and low,The spirit of the rule of bet365 champions league that is determined by the bet365 champions league。Later,The story of Sun Wu killing King Wu’s beloved concubine and Shang Yang moving to Mu Lixin,All embody the consistent view of the rule of bet365 champions league of the Legalist school - regarding bet365 champions league as a settled matter to end disputes、The only objective standard to regulate social behavior,That is, "power cannot be wrong,Zhengfu Ermen。Rule the country according to bet365 champions league,Just a measure”。
If the Spring and Autumn Period Prisons of the Han Dynasty are regarded as the beginning of the Confucianization of Chinese bet365 champions league,From the Spring and Autumn Period and the Warring States Period to the Qin and Han Dynasties,China has at least 500 years of "ruling the country according to bet365 champions league" history,Has rich formal legal concepts and thoughts characterized by "keeping the text"。
"The affairs of the world,It is not difficult to legislate,But it is difficult to do the bet365 champions league”,General Secretary Xi Jinping emphasized that the focus and difficulty of the current rule of bet365 champions league construction still lies in the implementation of the bet365 champions league,Still wondering how to turn "bet365 champions league on paper" into "bet365 champions league in action"。In this regard,Legalism is the first school in Chinese history that regards bet365 champions league as its norm,His formalist theory of the rule of bet365 champions league and practical experience in governing the country,Undoubtedly worthy of our reference and inheritance。
(The author is a researcher at the Institute of bet365 champions league, Chinese Academy of Social Sciences)
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