Huang Zongxi is the famous enlightenment thinker in the late Ming and early Qing dynasties，It is also a rare scholar who has special discussion on French philosophy in ancient China。Its philosophy theory is mainly reflected in the "Mingyi to visit · Original Law"，Of course, the core view also appeared in the "Yuan Jun", "Yuanchen" and "School".。Although Huang Zongxi still expands discussions in the framework of Confucianism，But its thought can be said to be the limit of Mencius's originalism，Further further, it is possible to derive Republican democracy。This book has a strong analysis color in the demonstration skills，This also helps Huang Zongxi propose some original theories。"Mingyi to visit" is considered an anti -autocracy、Masterpiece of advocating the rule of law。But the anti -autocracy does not have to advocate the rule of law，Huang Zongxi's theory of the rule of law in this regard is valuable。Huang Zongxi's legendary life determines that he is not a research scholar who is not buried in the first book，He integrates his mind and merit，There are more extraordinary explanations and design in the system。These systems may not have much value today，But still has important ideological significance。

　　Bet365 lotto review Establish the priority of the rule of law

Xunzi said: "There is a governance，No treatment。"(" Xunzi · Jun Dao ") Huang Zongxi believes:" There is a rule of law and then governing people。"" ("Original Law") There are two reasons: First, the rule，Only there are good laws first，Those who execute the law can exert their own talents，Otherwise, the illegal law can only restrain people's hands and feet，Even those who have the ability to treat it will be safe in the suspicion of holding; the second is that it will cause a consequences，That is, the person who law enforcement is limited，Can't make the ideals and values ​​of the law -that is, the spirit of the ingenuity lover contained in the law of the first king -applied to actual。In short，As long as there is a governance law，Even if the law enforcement is a bad person，It will not cause bad consequences。

From the connotation of the concept of "law"，The laws that Xunzi said mainly refers to regulations; and Huang Zongxi's so -called laws have a wide range of connotations，Not only does the laws we generally understand (reality law)，And refers to the main system of national governance，For bet365 best casino games example, field system、School、Marriage、Taxation, etc.，Even the basic political system，Such feudal、County and County、Walking province，All include。These aspects can be generally called "law"，Of course, now they are also included in the jurisdiction of the law，and become part of modern rule of law。Although there are some differences in the use of the concept of Fa，But later scholars generally summarize the disputes between the two as the debate on the rule of man and the rule of law，Therefore, Huang Zongxi advocates the rule of law。Xunzi's original intention is to say，Governance without fixed method，Dest depends on the gentleman and go。"Those who have a good law and chaos have it; those who are gentlemen and chaos，Since ancient times and today，I did n’t smell it。"(" Xunzi · King ") In Xunzi,，The premise of governing people is gentleman，If you have a gentleman, you will have a good law and good rule。The autocracy of more than 2,000 years makes Huang Zongxi recognize，Compared to gentlemen，Good system is more important; whether gentleman or not，A good system (the method of the world) can reach good rule。Of course Huang Zongxi does not think that the role of people is not important，Instead, the premise of thinking is to rule the law，People are also people who are governed by law，illegal laws cannot create a good environment for governing people。Therefore, the fundamental difference between the two is not in governing people、The question of the rule of law first，and whether there is a good system。

Sam Mengwu thinks，Governing the law precedes the view of governance (even Huang Zongxi's entire political thought) was affected by Fang Xiaoyu，Fang Xiaoyu once said: "The law is required，Two -person。"(" Xun Zhizhai Collection "Volume 3" Official Administration ") Huang Zongxi gave the law to extreme importance，In his opinion，The governance of the world is the survival of the law。This proposition obviously shows a view of rule of law，Lin Yusheng regards this view of rule of law as formality，In a sense, it is also Han Feizi's view of rule of law。Lin Yusheng thinks，The key to creative transformation is to discover resources from traditional resources and democracy、The general concepts and systems of the rule of law "take the branches"，This is a bit similar to grafting。He specifically mentioned，Huang Zongxi ’s“ governing the law and then governing people ”can be branched with the concept of the rule of law。But Lin Yusheng commented on it，This proposition of Huang Zongxi can only bet365 live casino games be used as a formal foundation for the rule of law，The essential content of the rule of law (such as freedom、Democratic、Rights, etc.) is unable to be derived from its thoughts。Lin Yusheng here distinguishes the form of the rule of law and the real rule of law，The form of the form of the classic distinction of the law philosopher Brian Z. Tamanaha is similar。Lin Yusheng seems to think，Since Huang Zongxi is still in the Classic Confucian thought、System design even trace back to the three generations，This is unable to spread the concept of modern rule of law，Then its emphasis on governance can only be formality，This is not essentially different from the Legalism of the Law (Legalism)，That is, the law should be used as a means and basis for "governance"。

Lin Yusheng thinks，The substance of the rule of law cannot develop from Huang Zongxi's thoughts，This view needs to be more detailed。There are many types of rule of law，Based on the standard of classification from thin to thick，TARANANAANA has divided the formal version of the theory of rule of law into three types: rule by law、formal legitimacy (Legality)、Democratic+legitimacy; the theory of the Law of the substantive version is also divided into three types: individual rights、The right to dignity and/or justice、Social Welfare。The source and form of the theoretical theoretical focus on the legitimacy，The theory of substantive theory is concerned about the specific content of the law。The theory of the rule of law of the legalist is mostly "rule by the law" in the form version，Lin Yusheng also attributed Huang Zongxi's theory of the rule of law to this version。But to say that Huang Zongxi's theory of rule of law is completely form，is inaccurate，From the entire system of "Mingyi to Be visited"，The proposition of "governing the law first to govern people" is mainly a substantive view of the rule of law。The specific analysis is as follows: First，The essence of the rule of law not only includes rights、dignity, etc.，It also includes other values，Even if there is no right and dignity (Huang Zongxi's discussion may contain relevant concepts)，It may still be a substantive view of the rule of law; the second，Huang Zongxi's view of the rule of law has an obvious legitimacy connotation，In its concept，Well-Being has an important position，His political ideal is to realize the "well -being of the people"。Huang Zongxi proposed the concept of "illegal law"，Explain its concept of legitimacy of the rule of law，The basis of law is "public" rather than "private"。This is Huang Zongxi’s View of the Law Bet365 app download of Law，It is also the core of its philosophy theory。Huang Zongxi especially noticed，legitimate law is important to national governance，This is the key to the thoughts of him and Xunzi's "governing people without governance".。Xunzi focuses on emphasizing the importance of people in national governance，Note that the principle of "the law is not enough"，But he did not notice the importance of the system，Especially under a good system，can better play the role of people，A better governance effect，Otherwise, it will cause the dangers of the autocratic system criticized by Huang Zongxi。Next，Let's take a look at what the good system in Huang Zongxi's mind is like。

　　"There are laws" and "cannot":Analysis of the concept of law

At the beginning of the "Original Law"，Huang Zongxi throw an important proposition: "There are methods above three generations，Under the third generation cannot。"" "" There is a law "and" cannot "does not mean that there is no law below the three generations，but that is not a legitimate method。Use a pair of concepts to express it，The method of three generations or above is the public，The law below the three generations is private。or，The former is the method of the world，The latter is a family method，The method of the family violates Mencius's noble thoughts。Next，Huang Zongxi uses the pair of "sparse/secret" to further interpret the concept of "legal/illegal":

　　"Three Generations of Age，Tibetan World in the world also。Yamazawa's profit does not need to take it all，The right to criminal reward is not doubtful。Not in the court，Not in the grassy。Discussing the law of the law in later generations，and the people of the world do not see the desire，Non -see -off。The more sparse and chaotic, the more disorderly，The so -called indispensable method also。Later Law，Tibetan Tianxia in the basket 箧。Fu must want to gather in it，Fu must want to gather in it。Use one person，Then I suspect its selfishness，and use one person to control their private。Delivery，Think of it to bully，and set it up to prevent bullying。People in the world know where their baskets are located，My Gills Gills Ren Gen Ran Ren Basket is Yu，Therefore the law has to be secretly。The more dense law and the chaos in the world is born in the law，The so -called illegal law also。"" ("Original Law")

The sparse and dense here cannot be understood by general significance，Huang Zongxi is a representative of the three representatives、Regardless method。Because this method is for the public，There will be no too many system design bet365 best casino games to prevent people，So sparse，Close to the "inaccessible method"; private is constantly preventing people，System design is used in internal consumption，Eventually for the private interest of Jun，instead of public，So the method has to be secretly，This is the "illegal method"。

Comprehensive "illegal Law", "Can't Law", "There is Legal/Can't" and other expressions，We can see that Huang Zongxi obviously distinguishes the law and good law，and will not hesitate to recognize the claim of "evil legal illegal"。This is the two -weight analysis of the law，It is also the legitimacy of the law，That is the definition of legitimacy of the law on the real law，This is consistent with the way of thinking with the natural method，There are also advanced methods above the real method。On the one hand，This is completely different from the legal view of the legalist，The latter is just the minimum rule of law，It is ruled by law，It is better to have law (chaos of order); on the other hand,，This is similar to the controversy of "law of evil" and "illegal law illegal" in empirical laws/natural law，It's just the content of controversial (the legitimacy of the law) is different。Based on Xiao Gongquan's summary，The highest principles of "Mingyi to visit" are two sources: one is the noble people's thoughts of "Mencius"; the other is the world of "Rites"。Huang Zongxi created a series of corresponding binary concepts to express its distinctive theoretical claims，For example, the method of a family/the law of the world、Country/Tianxia、Monarch/World、A surname/Wanmin、One person/group worker、public/private, etc.。Huang Zongyu traced back to the three generations to conceive a legitimate legal theory，That is, the legitimate method is for the public，The public here contains the private of all people，"Tibetan World in the World" is to allocate the benefits of the world to the people in the world。According to the explanation of Doukou Xiong III，Chinese -style machines are in principle、moral content，Compared to the public of the world，The imperial court and the country are also in the lower position as a family name。This is Huang Zongxi's "public/private" dialectics，It is also its legal legitimacy theory。

　　"Establishing" and "Love":Service Outlook on Service Exceeding Better Rights

It is from the above understanding，In the 18th article of "Plastic"，Huang Zongxi put forward specific reforms for reform，Generally, you still need to reply to the three generations of feudal governance，It is believed that only this system design can reflect the people -oriented Bet365 lotto review thought。This has caused two levels of criticism: on the one hand，Liang Qichao、Xiao Gongquan and other discussions believe that，Huang Zongxi's institutional reconstruction plan is really not from the scope of the monarchy's politics，Not much value。Huang Zongxi does not completely deny the monarchy，No opposition to the exercise of the monarch，Just exercise for the public interest of the world。In that era, he could not mention the alternative institutional design，I have to refer to the ideal three generation system。On the other hand，Many studies have compared Huang Zongxi and Rousseau, the most contemporary times.、The thoughts of Locke, Mill and others，It aims to emphasize that Huang Zongxi has no democracy、Freedom、Rights Thought。It aims to emphasize that Huang Zongxi has no democracy，But this is the defect of the entire Confucian culture。In the Confucian thoughts and institutional framework，Huang Zongxi made a lot of innovation，This should be clearly affirmed，And these innovations are quite theoretical and practical。

Reflection of the autocratic system from Qin to Ming monarch，Make Huang Zongxi recognize the importance of "establishment"。"Establishment" is a cultural concept proposed by Mr. Zhang Jiannian，"It is advisable to establish a new system in power"，Establish a reasonable system。In the "Original Minister", "Plastic" and other articles，Huang Zongxi designed a decentralized system，And attached to the school's government and supervision functions，to achieve the effect of restricting power with power。other，Huang Zongxi's legal legitimacy theory also clearly reflects the consistent political philosophy of Confucianism，That is a service authority view。Gu Yong of the Han Dynasty proposed "the world is the world，The saying of the world of non -one person "(" Hanshu · Gu Yongchuan ")，The political system with rights is good，But it is not the only legitimate political，Service -sexual concept is also an important authoritative legitimacy theory。In "Mingyi To Visit"，Huang Zongyu seems to use "hidden love" as a more basic moral requirement，Because of the ancient saint Wang Huai's heart of hidden lover，Only to work hard for Jun will not seek private interest。guidance can be made to formulate the method of the world，instead of a family。Mencius clearly opened this tradition of civilianism，Huang Zongxi brought this tradition to the extreme，Proposed the deafening "The Governance of the World，The rise and fall of the surname，The expression of the worry of all peoples "(" Yuanchen ")。This is Bet365 lotto review actually consistent with the political philosophy of the contemporary contemporary good theory，The legitimacy of the government lies in serving the ruler。especially，Huang Zongxi emphasized the private person's private，All people's private is the Grand Duke of the World。We replace the "private" in it with rights，There seems to be no sense of disobedience。

The above described is not to deliberately increase the contribution of Huang Zongxi deliberately，Instead, I want to show what kind of attitude we should treat the minds of the sages。Mr. Feng Youlan has proposed a very important method，Call abstract inheritance method。But he focuses on institutional abstraction from general concepts，We can develop a new abstract inheritance method，That is, abstract general theoretical propositions from classical concepts。Because traditional concepts have their own ideological system and practical inertia，It is difficult for some of them to be accepted in modern society，Some need to be improved or transformed。Abstract inheritance of the excellent traditional legal culture of China is to further discover the reasonable ingredients in it，To become the base point for us to continue。

(The author is a professor at the theoretical Law Research Center of Jilin University)