Study On Xia-Culture In Traditional Society And Legal Culture

If summed up in one sentence the propositions of this doctoral dissertation,that is:there existed a multi-faceted delicate relationship between Xia-Culture of Chinese traditional society and legal culture.This dissertation can be divided into three parts to the argument of this proposition.The first part relates to emergence and development process of Xia-Culture in Chinese traditional society,including the first and the second chapters.The second part relates to the multi-faceted relationship between Xia-Culture and legal culture,including the third,fourth and fifth chapters.The third part relates to the relationship between Xia-Culture and Culture of the rule of law,including the sixth chapter.Chapter One:The birth of Xia-Culture.This chapter starts by the analysis of the semantics of Xia.We can find that the meaning of Xia has two basic contents:Firstly,Xia values loyalty not interest from the value view;secondly,from the way to solve the problem,Xia solves problems through the force.There are kinds of Xia in Chinese traditional society.They all embodied the two-layer basic meanings.According to the behaviors of Xia in different ways,Xia can be divided to Righteousness-Xia,Assassin-Xia and Robber-Xia.According to whether to oppose the government,it can be divided to the Xia within and outside the system.From the behavior,values and impact on social mass psychology of these Xia,we can find that Xia-Culture not only has the stability,but also openness;not only exists core content,but also expansibility.The birth of Xia-Culture and the origin of Xia is the same process.Xia originated in the spring and Autumn period and the Warring States Period at a historic turning point.In this period,samurai class,civilian sectors and vagrant class provided Xia with the basis of social class.Ethos,including taking pleasure in helping people and having a strong sense of justice,injected spiritual connotation into Xia.A heritage of primitive clan provided the generation of Xia with historical basis.Ideological doctrine,such as Confucian,Mohists and Strategists,provided the generation of Xia with theoretical basis.Under the comprehensive effect of these factors,Xia emerged.Then Xia-Culture,which was a part of Chinese traditional culture,came into being.It can be said that the birth of Xia-Culture was provided with social arena by"Ceremony Disintegration" in the spring and Autumn period and the Warring States Period.At the same time,"Hundred School of Thought Contends" entered the spiritual nourishment into the birth of Xia-Culture.Chapter Two:The rheological of Xia-Culture.After its appearance,Xia-Culture experienced two important changes.Firstly,the bearing body of Xia-Culture is from the individual to the organization;Secondly,the recorded material of Xia-Culture is from the official history to literature.Specifically,after the silence in Qin Dynasty,Xia-Culture revived in the early Han Dynasty.Like the spring and Autumn period and the Warring States Period,individual behavior was the main behavior pattern in the early and middle Han Dynasty.Kinds of Xia in the spring and Autumn period and the Warring States Period and the early Han Dynasty provided"Records of the Grand Scribe · Knight-errant biography","Records of the Grand Scribe · Assassin Biography" written by Si Maqian and "The Book of Former Han · Knight-errant biography" written by Ban Gu with rich writing material.Because of the greatest weakness("On military taboo")of Xia,the unified centralized state didn't allow Xia acted recklessly,official history didn't do biography for Xia any longer after Eastern Han Dynasty.But it didn't deny the social status of Xia.On the contrary,the description of Xia by The folk literature appeared to be increasingly prosperous.There were many poetry of praising Xia,Tang cavalier legend and Qing Dynasty chivalrous novels.Along with the Government's repression to Xia,Xia had to seek a road of self-development.That was the organization of Xia.The most obvious manifestation was the emergence of Song Dynasty Greenwood society and the rise of the Ming and Qing secret society.So we can say that,the development path of the Xia-Culture gone through the organization process of Xia and literary road of Xia-awareness.At this point,the connotation of Xia-Culture was more colorful.Xia-Culture deserved to be an important part of Chinese-Culture.Chapter Three:The complementary oriented between Xia-Culture and legal culture.There was much historical phenomenon about Samaritan in Chinese traditional society.This was a concentrated expression of Xia-Culture.Dynasties' rulers made laws,which gave substances reward to Samaritan and gave punishment to the people who saw danger not give saving.From this regard,there was a meeting point between Xia-Culture and legal culture.Xia-Culture provided Samaritan with social moral foundation,and legal culture provided Samaritan legal protection.This social psychological and moral foundation of Xia-Culture has practical significance for much phenomenon of seeing danger not give saving in modern society.Chapter Four:The contradiction oriented between Xia-Culture and legal culture.The chivalrous revenge is a historical phenomenon of traditional society.It is also the embodiment of Xia-Culture.Dynasties'rulers had contradiction attitude for chivalrous revenge.They prohibited or restricted chivalrous revenge at the legislative level,but they held a sympathetic attitude for chivalrous revenge at the judicial level.The reasons of legal culture's ambivalent attitude to chivalrous revenge were,one was that rulers must prevent chivalrous revenge,which could lead to the proliferation of a large number of violence;the other was that chivalrous revenge reflected "Li",which were rulers and civilians'common values.Legal Culture's attitude to chivalrous revenge still carried on until the Republic of China.The tune lingered in the room of traditional Xia wind rhyme buzzing once again staged the disputes between emotion and law.Chapter Five:The opposition oriented between Xia-Culture and legal culture.The contradiction oriented between Xia-Culture and legal culture was said in the last chapter.Then the difference between"Opposition" and "Contradiction" is that "Contradiction" contain not only uniform surface between two things,but also opposite.The attitude of traditional legal culture towards the chivalrous revenge belonged to the scope of the contradiction.Because though legislation prohibited or restricted chivalrous revenge,judicature connived.If from the characteristics("On military taboo")of Xia,there was opposition oriented between Xia-Culture and legal culture.In other words,if Xia revolted the Government,the law would do severe blow and sanctions to them.Government's suppression to Xia made Xia's living space drastically reduce.So Xia had to seek organizational development path.This "Secondary Society" outside orthodox society was a threat for rulers.So the greenwood social and secret society was the main combating target of the Government.Chapter Six:Xia-Culture and.After sorting out the multi-faceted relationship between Xia-Culture and legal culture,we need summary the relationship between Xia-Culture and Culture of the rule of law.The difference between Culture of the rule of law and Xia-Culture is that"Culture of the rule of law" is a neutral concept.In other words,every nation or country in a relatively stable historical period has its own characteristics legal culture.But "Culture of the rule of law" has the implication of value judgments.And Culture of the rule of law is the pursuit in today's society.The values and social psychology,which were hidden in Xia-Culture,not only were the values pursued by modern rule of law,but also provide moral and social basis for modern rule of law.At the same time,Xia-Culture's enthusiasm for violence,may be a threat to social order and civil rights.Modern rule of law should limit and guide these negative factors.