The Legal Thought Of Wei Yuan

WeiYuan(1794-1857),also named MoShen, had an original name of YuanDa,he was born in Jintan Shaoyang county in Hunan province.WeiYuan was one of the pioneers who introduced western political and legal systems in Chinese modern history, and what's more, he was a brilliant representative of the reformists of the landlord class.Wei Yuan has formed relative completed system of legal thoughts in many areas, such as politics, military affairs, economics and diplomacy and so on. Wei Yuan's legal thoughts was influenced by feudal legal thoughts, and the current political situations of domestic trouble and foreign invasion also stimulate Wei Yuan to look for legal theory to maintain the ruling of Qing dynasty in politics, military affairs, economics and diplomacy and so on. He has worked for some high officials, and so he paid special attention to the ruling of the people,official, army and foreign communication. And his aptness for reform is another source of his legal thoughts. On politics, he strongly against the invasion of foreign countries, he advocated to"learn advanced things from western countries". what's more,he held that the government should choose officials carefully and punish the corrupt ones severely. On military affairs, he not only advocated strict control on army, but also held that the army should be in line with the tendency of the history development, and in order to build modern army,the government should learn training ,administration and general choice from western countries. He tried very hard to look for ways to protect stability of the society and rule the people. And he held that the government should"rule appropriately",and strengthen the power of government to terrorize the people and punish the destroyer of the feudal order with strict penalty. And at the same time, the government also have to show mercy on the people beyond the law with the purpose to alleviate the ruling crisis, and then to make the country prosperous. On economics, Wei Yuan held to enrich people, he also joined in the reformation of mode of administration of some important affairs, for example, water transport, salt administration and water conservation, when come to the economical exchange with foreign countries, he held a view that we should protect our interest according to the law; on diplomacy,Wei Yuan had studied western cases, he proposed prohibition of opium and proper business with foreign countries. And he hope to solve the disputes between countries by international law, and this is the sprout of the modern diplomatic opinions. He strongly protests unequal treatises and the stupid diplomacies of the ruler, and he also had a clear sense of international law, this is early obscure recognition of the foreign diplomatic relations.Wei Yuan's legal thoughts belong to the scope of the reformists'legal thoughts of the modern feudal class. And his legal thoughts in his early days had a strong aptness to protect the feudal rule, but as to the whole of his legal thoughts, was no doubt the challenge to the final period of the autocratic monarchy. His avocation of free speech had already showed the obscure demand for democracy of the intellect, and also displayed the characteristic of the early diplomatic thoughts of China, and this is also the ideological foundation of the approval of the western legal system. Wei Yuan's legal thought has a profound impact on the Modernization Course and diplomacy in China.