Courtesy Law Battle Of Latter Stage Of Qing Dynasty From The Culture Point Of View

The courtesy and law are two respects of a contradiction, form a contradiction entity . In this contradiction entity, the two are relations of the unity of opposites. It sets against to be to say two have each one's own characteristic, have each one's own production, develop and one law that develop; It is to say some interdependent factors that store that the two exist to unify, these factors have caused the coexistent possibility of the two. This kind of set unified against as well as relation, has caused the struggle of the two and alternative inherent interdynamic sport law of integration. This is an internal cause of overall spirit and overall design of a country or the legal culture of nationality. It is economic factor, political factor and culture factor to form the gift and right external cause that move of France's contradiction etc. Total of these factors, form courtesy law contradiction external cause of sport, play lead, urge or function that stop to its sport developing direction, design and spiritual characteristic.Any thing has its course produced, developing and developing, in this kind of course, they are following some inherent logic. The gradual progress of legal culture cannot escape such logic circle either. First of all, as the courtesy and law of standardizing the order, form the contradiction of unity of opposites together, the struggle and integration of the two have formed the inherent logic of the legal culture movement; Secondly, the relation of the two receives the influence of external factors, such as economy, culture, politics and society, etc., thus restricting the developing direction of the contradiction sport of courtesy law; Moreover, courtesy law geography, angry Hour, early prototype of civilization of person who produce, having nearly played a role in determining the nature to the characteristic of legal culture, this can be compared to meaning in the species of gene. The courtesy law battle of latter stage of Qing Dynasty, was the historical incident taking place in the law of repairing of the new policies in latter stage of Qing Dynasty (1901-1912). Both sides that dispute with each Sheen, Yang degree for the ruling by law in sending and Confucian and feudal ethical codes group represented by hole, Lao NaiXuan of one of representatives. The courtesy law battle of latter stage of Qing Dynasty, apparently disputed by simple politics, but in fact, it is the continuity of the Chinese and Western cultural conflict since bright middle period. The ideological trend and rise of gentle study of Confucian classics of today of late Qing of teaching beginners when the Ming and Qing dynasty, form thought culture background of this dispute, have established knowing intelligently and spiritual foundation for accepting western modern politics and laws culture at home. In the course of repairing law in the latter stage of Qing Dynasty, around repairing the guideline of law, the conservatives and radicals have produced serious having different views. Conservatives maintain " hit body the west spend ", can't get rid of high legal principle most of the three cardinal guides and the five constant virtues, insist that the courtesy, law are not divided; The radicals maintain that substitute the family doctrine principle of old law with national doctrine, get rid of the position of the supreme guideline of new law of the three cardinal guides and the five constant virtues firmly, maintain that gift, France separate.As a specific historical incident, the courtesy law battle was over with extinction of Qing Dynasty in the latter stage of Qing Dynasty, but historic significance and value of it, worth us is it probe into, analyze and draw lessons from to go forever. In latter stage of Qing Dynasty courtesy law battle, personality equal view and national doctrine proposition of position of Yang degree of each Shen, have an epoch-making meaning in the history of Chinese law culture. It indicate form of Chinese law equal to receive further development also, this continues first a v...