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New Theory Of Humanistic Legal Thoughts Of Xunzi

Posted on:2008-01-22Degree:DoctorType:Dissertation
Country:ChinaCandidate:D F JiangFull Text:PDF
GTID:1116360218461359Subject:Legal history
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By building a harmonious socialist society, the fundamental principle of the judicial administration must be implemented in all aspects. The key of the judicial administration is to establish and improve the people-oriented legal system and its operation mechanism, which is one of the key factors determining whether the law will actually serve the harmonious society. The biggest social program we are facing is how to build up and improve the people-oriented legal system and its operation mechanism. Based on the theory of vicious the human nature as the core, this dissertation demonstrates the theory of humanistic legal thoughts of Xunzi and shows the plenty of humanistic legal thoughts in Chinese legal history which may provide valuable reference and enlightenment for establishing the socialist people-oriented legal system and its operation mechanism.This dissertation includes three parts that is, introduction, text in ten chapters and conclusion.Introduction is to introduce the reason and aim of this dissertation and the meaning of the humanistic legal thoughts. By analysis of the current study situation of this program and in associate with the means of study of this dissertation, it demonstrates the theory value and meaning of practice of this dissertation.Through the analysis of the basic social situation of the pre-Qin dynasty, the first chapter introduces the three periods of the emergence and development of the humanistic legal thoughts in pre-Qin dynasty, and the humanistic legal thoughts of the four main streams, which are Confucianism, Mouism, Daoism, and Jurisprudence.Through the introduction of the historical background of the emergence of the humanistic legal thoughts of Xunzi, the second chapter analyzes the adoption and inheritance of sorts of different previous school of humanistic legal thoughts by the humanistic legal thoughts of Xunzi and demonstrates the social reality for the humanistic legal thoughts to be important among the schools of legal thoughts in the Spring & Autumn and Warring States Period, which includes the fundamental features of hundreds of schools of thoughts.The third chapter demonstrates the philosophical basic of the humanistic legal thoughts of Xunzi. Based of the theory of"separation of nature and human", Xunzi provided the bright thoughts of"producing the nature and using it". He defined the human as the most important one among the nature and based on this thought of subjective, he demonstrated that the human is the subject of the ritual law.The fourth chapter mainly introduces the basic contend of the humanistic legal thoughts of Xunzi, It prominently demonstrates the main contend and fundamental features of the judicial administration and ritual administration of Xunzi.Through the analysis of the mutual humanistic basic of ritual and law, the fifth chapter demonstrates three main forms of the relationship between ritual and law.Based on the core of static humanistic theory, the sixth chapter demonstrates the general relationship between humanism and law and points out that it is the mutual cognitive rule to demonstrate the law by means of humanism. Especially, it demonstrates the nature of the theory of vicious the human nature of Xunzi and the theoretical and practical value of the thought of vicious the human nature.Based on the dynamic humanism as the core, the seventh chapter analyzes the contradict relationship of the humanism. Applied with the Marxist humanistic thought, it analyzes that the contradict relationship of the humanism is the fundamental premise of the emergence of the law and analyzes the necessity and possibility of regulation the humanism by law.The eighth chapter mainly demonstrates and analyzes that, during the legislation and judicatory activities, the significance and necessity of insisting on the legislation based on humanism and judicatory humanism. This is not only influential on whether the law will play the role of regulating the social relationships and also on whether the socialism will come in true.The ninth chapter demonstrates the relationship between the humanism and human right. It points out that the human right is not to affirm the humanism in all respects, but it is the contradictory unite on affirmation and negation. The virtual administration and judicial administration are just the two sides of the humanism. It is a must that the protection of humanism is the core in the build up of the legal system in the modern society, but we shall exam and are careful about the humanism.The tenth chapter introduces that Xunzi is a great ideologist thinker, but he received different comments after he died and most people misread him. In order to understand Xunzi truly, it is a must to eliminate the unilateral understanding of Xunzi. Only from the historical point of view and applied the historical materialism, we can understand the achievement in the history of this great thinker. The thought of respecting the ritual and law has started the feudalism manner of administration in 2000-year history of China and established the theory base of feudalism legal system of China.The conclusion part mainly concludes the main argumentation of this dissertation and the value of introducing the humanistic legal thoughts of Xunzi. It points out that the humanistic legal thoughts of Xunzi is very valuable for the current people-oriented administrative idea and the build up of harmonious society.
Keywords/Search Tags:theory of vicious the human nature, Xunzi, Contrary and Unify of the human nature, humanistic legal thought
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