On The Form And Development Of People-center Thought And Its Influence To China's Traditional Legal Culture

The thought of taking the people as the first consideration is regarded as one of spiritual traditional wealth of China. It is completely different from any other ideology in the world at the same time, so in a way it is also believed that it brought of some characteristics of the Chinese culture. In the eye of legal culture, its influence shouldn't be ignored because we can still perceive its existence in nowadays. During the Three Dynasties, which is believed the start of the origin of Chinese civilization, outstanding politician advocated that if common people were thought as the root of a country, the country would be peaceful. Some other alike opinions could be seen in the ancient codes and records. From the beginning, common people were the foundation of a county and in the dynasty of Xi Zhou, a system of political regulations appeared, namely De. All these records and legends had became the basic resources of the Thought of people-oriented. In the periods of Spring and Autumn and War Periods, the united country fell into chaos caused by war, different scholars inherited the thought and made it theoretical and systematic according to their own ideal order of a society. In short, the Confucian school thought common people's interest was adhere to the monarch's, people alike water while emperor the boat and as the monarchs should respect and bring out interest to the common people. While the school of Fahist, which extremely lay stress on law and often regarded as being against thethought of people first, advocated the country would be harmony only ruling by law;all the people including the law-maker should obey the law because it was the mostimportant interest; the policy of farming and war was the thought of taking thecommon people first consideration; Obey the rule and law was the best policy etc. Asthe school of Taoist, which believed Law of Nature and ruling should be with thedoctrine, they strongly opposed any war and deemed that the best ruler was the onewho acted according to Nature and never disturbed the people, so the ruler's thoughtwas the same with the common people in a harmony state. Mohist school consideredin front of Tian, which was created by them meaning the highest principal, all thepeople was equal; anyone who had skills and talents should have the opportunity tobecome officials; monarchs should cherish wealth and human recourses etc. Thethought of people first was the common foundation of the different schools ideologythrough the above comparison. In this essay the author holds: Firstly, thepeople-center thought is summarized and raise the ancient Chinese political wisdomand practice to a higher level and became the foundation of the country. Secondly, it isnot contrary to the thought monarch-center. They are unity of opposites in thetraditional politics and law. People-center thought always restricts the explosion ofmonarch-center thought. Thirdly, Confucian school and Fahist school combine intoone only on the base of the thought of people first in the latter history. Finally, thethought exerts an influence on the legal tradition of people ruled. After the Qindynasty, the thought has accepted by most officials and relax the effect of dictatorialsystem. At the end of Qing dynasty, it becomes the bridge of accepting the thought ofdemocracy and civil rights for Chinese people.On the influence of the traditional legal system, direction of ideology of law making is naturally chosen the Confucianists' ideas, such as rule by codes of enthics. As for law acted, the codes of law is mainly criminal laws and they are concise and explicit in order to be easy understood by the common people. Administration powers are supreme to judicial powers and almost all the officials are judges. As for enforcement of laws and regulations, judges would be prudent in dealing with the common people who had breached law, and so common people had the ideas ofexpecting honest and upright officials and lack of the idea of contractual rights.Nowadays, the thought of people first should be used in the construction of the harmony relationship between officials and common people. At the same time we must strengthen the construction of rule of law and education, with two hands, both strength. Only in this way will the thought of people first play a useful role in the course of modernization.