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Study On The Idea Of "Govern Country By Law" About Pre-Qin's Legalist School

Posted on:2010-12-18Degree:DoctorType:Dissertation
Country:ChinaCandidate:X Q ShiFull Text:PDF
GTID:1116360275474185Subject:Jurisprudence
Abstract/Summary:PDF Full Text Request
一,The legalism ideology is an important part of Chinese traditional civilization. It profoundly influences the way of development of chinese nation .The core content of legalism ideology in pre-Qin period is "govern country by law ".The "ruling way" is the part of "govern country by law " of pre-Qin legalism ideology ,which is the DaoFa theory of improving the law with Dao,the historical theory of societal evolution , the human nature theory of tracing benefit and avoiding from harm and the value theory of practically with utility. The Legalist School proposed the "rule by law" of "govern country by law " and its legislative principles: First, the right of instituting law had been concentrated in the hands of the emperor. Second, utility should be considered in the legislation. Third, the measures should be adopted according to time and maintain relative stability in the law. Fourth, the legislation should take into account its popularity and feasibility. Fifth, the law should be carried out the principle of heavy penalties and good rewards . The measures of enforcing the law: First, strengthen the legal education and display the Act clearly. Second, although the emperor was not subject to legal sanctions,he should also be restricted by law. Third, enforcing the law strictly is in order to preserve the seriousness of the law. Fourth, the law's enforcement must be strict and cautious. Fifth, more punishment and less awarding. Sixth, assisting the implementation of the rule of law with the moral strength.二,Besides the"rlue by law", the Legalist's"rule by political trickery"and"rule by dominance"are also the impotant part of the strategy that govern country by law.The Legalist thought the power is the basis of govern country by law.It is none but the power that say the word and make strict enforcement of orders and prohibitions.So,it is the series of questions on the important role of lordliness,forming condition of lordliness,the method of using force, and reasons of losing lordliness that form the Legalist's doctrine of"rule by dominance". Political trickery is a series of tactics that monarch used to rein his liegemen, including"phenomenon-essential trickery","reining liegemen trickery","analysing word trickery","tranquil-actionless trickery","reining wickedness trickery"and so on. "Govern country by law ", as the general plan of the legalism, advocates"law","dominance", and"political trickery"should combine each other, which is based on the"law"of that can adjust current trend of events and conform with the needs of the people, aimed at the"dominance"of that maintain and strengthen absolute monarch.. The application of"dominance"and"political trickery"has to be established on the basis of law, while the combination of"law"and"political trickery"is to strengthen"dominance"in common, namely, to maintain and strengthen absolute monarch and governance of monarchical power.三,Generally, the academic circles grant that the basic cause of Qin dynasty's quick destruction is Qin's rulers respected and followed the policies and principles of the Legalism. This opinion deserved to be debated. Qin's rulers just advocated Shang Yang's penalty policy, and that they didn't consider the law should be suited with Qin's geography, folkways and background of social life. Qin rulers did not consider tremendous changes have taken place in the economy, society and culture after the unification of China, but copy the strategy of Legalists"Rule by Law"mechanically, which contrary to the basic spirit that the Legalists consistently emphasized the law should be maintained relative stability, and at the same time "change with the situation and move from folk",and"law and governance changed with the situation". Therefore, the understanding and application of the governance strategy "Rule by Law" only stayed in surface and form, but not truly grasped and implemented the basic spirit of the Legalist's governance strategy, and emerged major mistakes in the aspect of rule by law, rule by dominance, and rule by political trickery. Therefore, the Qin Dynasty's instant perishment should not be attributed to the Legalist.
Keywords/Search Tags:Pre-Qin's Legalist School, Govern country by law, Rule by law, Rule by political trickery, Rule by dominance
PDF Full Text Request
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